Local and special acts and resolutions of the General Assembly of the state of Georgia 1979 [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 19790000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1979 19790000 Compiled and Published by Authority of The State

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iii Bills and ResolutionsAct Number References ix Acts and Resolutions of General Application 3 Resolutions Proposing Amendments to the Constitution 1787 Vetoes by the Governor, 1979 Session 1857 The Constitution of the State of Georgia of 1976 1861 Map of Counties 1961 Appellate CourtsPersonnel 1962 Superior CourtsPersonnel and Calendars 1964 IndexTabular 1974 IndexGeneral 1983 Population of Georgia CountiesAlphabetically 2037 Population of Georgia CountiesNumerically 2040 Georgia Senators, Alphabetically by County 2042 Georgia Senators, Alphabetically by Name 2044 Georgia Senators, Numerically by District 2047 Georgia Representatives, Alphabetically by County 2049 Georgia Representatives, Alphabetically by Name 2051 Georgia Representatives, Numerically by District 2059 Status of Referendum Elections for the Years 1953-1978 2067 Proclamations 2143 VOLUME TWO Acts by NumbersPage References iii Bills and ResolutionsAct Number References ix Acts and Resolutions of Local Application 3001 County Home Rule Actions 4707 Municipal Home Rule Actions 4715 Vetoes by the Governor, 1979 Session 4957 The Constitution of the State of Georgia of 1976 4961 Map of Counties 5061 Appellate CourtsPersonnel 5062 Superior CourtsPersonnel and Calendars 5064 IndexTabular 5074 IndexGeneral 5083 Population of Georgia CountiesAlphabetically 5137 Population of Georgia CountiesNumerically 5140 Georgia Senators, Alphabetically by County 5142 Georgia Senators, Alphabetically by Name 5144 Georgia Senators, Numerically by District 5147 Georgia Representatives, Alphabetically by County 5149 Georgia Representatives, Alphabetically by Name 5151 Georgia Representatives, Numerically by District 5159 Status of Referendum Elections for the Years 1953-1978 5167 Proclamations 5243

Compiler's Note General Acts and Resolutions of the 1979 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 1787 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 1978 are printed in Volume Two beginning on page 4715. Home Rule Actions by Counties filed in the office of the Secretary of State during 1978 are printed in Volume Two beginning on page 4707. There are no numbered pages between 2173 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 1 3 2 5 3 3003 4 3006 5 3008 6 3010 7 3012 8 131 9 132 10 3022 11 3025 12 3029 13 3031 14 142 15 3041 16 3044 17 3047 18 3050 19 3052 20 143 21 3056 22 3058 23 144 24 3060 25 345 26 3062 27 3065 28 3068 29 3071 30 3083 31 3085 32 349 33 351 34 352 35 3086 36 355 37 357 38 3089 39 364 40 367 41 3106 42 376 43 3109 44 3113 45 3119 46 3121 47 378 48 380 49 382 50 385 51 388 52 389 53 391 54 392 55 393 56 394 57 399 58 3131 59 401 60 411 61 412 62 413 63 415 64 418 65 420 66 3134 67 3137 68 3140 69 3142 70 3145 71 3148 72 3151 73 427 74 430 75 435 76 3159 77 3161 78 3162 79 3164 80 3166 81 3168 82 3169 83 3172 84 439 85 446 86 466 87 502 88 3173 89 3175 90 3177 91 3191 92 3194 93 3206 94 3211 95 503 96 3214 97 3218 98 3222 99 3238 100 3240 101 3243 102 3246 103 3248 104 3250 105 3253 106 3255 107 3257 108 3259 109 3261 110 3263 111 504 112 3265 113 3267 114 3269 115 3271 116 3273 117 3278 118 3280 119 3282 120 3285 121 3288 122 3302

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123 3373 124 3375 125 3377 126 3378 127 3394 128 3396 129 3398 130 3400 131 3402 132 3404 133 3421 134 3437 135 507 136 3452 137 3454 138 3456 139 3458 140 510 141 3458 142 3461 143 3467 144 3472 145 3473 146 3475 147 3478 148 3481 149 3486 150 3488 151 3490 152 3496 153 3499 154 3527 155 3539 156 513 157 3550 158 3554 159 3555 160 3557 161 3560 162 3563 163 3565 164 3568 165 3602 166 3604 167 3606 168 3611 169 3613 170 3616 171 3618 172 3620 173 3623 174 3625 175 3627 176 3629 177 3630 178 3632 179 3633 180 3635 181 3637 182 3639 183 3640 184 3642 185 3645 186 3649 187 3651 188 3654 189 3656 190 3661 191 3663 192 3665 193 3668 194 514 195 3670 196 3672 197 3675 198 3677 199 3679 200 516 201 518 202 3681 203 3683 204 3686 205 3690 206 3696 207 3707 208 3709 209 3716 210 3733 211 519 212 3735 213 3737 214 3742 215 3743 216 3746 217 3749 218 3753 219 3755 220 3757 221 3758 222 3769 223 3770 224 3816 225 3819 226 3822 227 3824 228 3828 229 3838 230 3844 231 3848 232 3851 233 3854 234 3858 235 3860 236 3863 237 3865 238 521 239 3867 240 3869 241 3872 242 3881 243 3911 244 3914 245 3918 246 3921 247 3924 248 3927

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249 3931 250 3934 251 3938 252 3953 253 3956 254 3959 255 3963 256 3966 257 3969 258 523 259 3971 260 3974 261 3977 262 3980 263 3983 264 3984 265 3986 266 3988 267 3990 268 529 269 3994 270 3998 271 4001 272 4004 273 4006 274 4009 275 4012 276 4014 277 4018 278 4024 279 4026 280 4030 281 4032 282 4034 283 4037 284 4045 285 4047 286 4050 287 4051 288 4054 289 4056 290 4060 291 4062 292 4064 293 4066 294 4077 295 4087 296 4089 297 4091 298 4094 299 4097 300 530 301 4101 302 4106 303 4109 304 4113 305 4116 306 4120 307 4123 308 4126 309 4129 310 4131 311 4135 312 4138 313 4141 314 4144 315 4147 316 4153 317 4155 318 4157 319 536 320 4159 321 4162 322 4165 323 4169 324 4172 325 4175 326 4185 327 4186 328 4189 329 4195 330 4196 331 4197 332 4200 333 4203 334 4206 335 4208 336 4239 337 4242 338 4245 339 4278 340 4281 341 4284 342 4287 343 4291 344 4294 345 4296 346 4299 347 4301 348 4305 349 4308 350 4311 351 4313 352 4315 353 4317 354 4319 355 4322 356 537 357 4332 358 4335 359 4342 360 4344 361 4346 362 4347 363 4350 364 4354 365 4356 366 4359 367 4362 368 4365 369 4368 370 4370 371 4373 372 4376 373 538 374 4379

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375 4384 376 4388 377 4390 378 4423 379 4425 380 4427 381 4429 382 4431 383 4442 384 4447 385 4454 386 4456 387 4457 388 4460 389 4462 390 4464 391 4466 392 4469 393 4481 394 4483 395 4486 396 4488 397 4492 398 4495 399 4499 400 4502 401 4506 402 541 403 4511 404 4513 405 4515 406 4532 407 4539 408 4541 409 4541 410 4545 411 4550 412 4555 413 4557 414 4559 415 4562 416 4573 417 4574 418 4586 419 578 420 4589 421 4591 422 4593 423 4629 424 584 425 4643 426 591 427 592 428 594 429 596 430 601 431 602 432 610 433 612 434 613 435 615 436 617 437 618 438 619 439 623 440 624 441 626 442 628 443 629 444 631 445 633 446 635 447 636 448 637 449 639 450 642 451 643 452 645 453 649 454 651 455 652 456 654 457 655 458 657 459 659 460 663 461 665 462 667 463 672 464 674 465 676 466 677 467 678 468 723 469 734 470 744 471 756 472 759 473 761 474 763 475 764 476 765 477 766 478 768 479 769 480 771 481 774 482 775 483 776 484 778 485 780 486 786 487 789 488 795 489 797 490 798 491 800 492 803 493 804 494 806 495 814 496 816 497 821 498 823 499 824 500 826

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501 828 502 830 503 831 504 833 505 834 506 843 507 846 508 848 509 849 510 850 511 853 512 859 513 872 514 875 515 876 516 879 517 882 518 884 519 886 520 887 521 888 522 891 523 893 524 901 525 902 526 904 527 906 528 918 529 919 530 922 531 923 532 924 533 926 534 929 535 930 536 931 537 933 538 935 539 938 540 941 541 943 542 945 543 948 544 950 545 951 546 953 547 954 548 955 549 960 550 962 551 963 552 964 553 967 554 968 555 970 556 971 557 973 558 981 559 988 560 994 561 997 562 1001 563 1004 564 1006 565 1007 566 1010 567 1011 568 1012 569 1014 570 1015 571 1017 572 1019 573 1020 574 1022 575 1023 576 1025 577 1027 578 1028 579 1032 580 1035 581 1037 582 1038 583 1041 584 1042 585 1047 586 1048 587 1049 588 1051 589 1053 590 1055 591 1056 592 1059 593 1062 594 1063 595 1065 596 1068 597 1069 598 1071 599 1072 600 1075 601 1076 602 1077 603 1078 604 1080 605 1081 606 1084 607 1086 608 1091 609 1095 610 1107 611 1108 612 1109 613 1127 614 1148 615 1173 616 1177 617 1178 618 1179 619 1182 620 1196 621 1203 622 1213 623 4634 624 1233 625 1234 626 1240

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627 1248 628 1250 629 4650 630 1255 631 1258 632 1259 633 1261 634 1262 635 1265 636 1266 637 1268 638 1272 639 1274 640 1278 641 1279 642 1281 643 1283 644 1284 645 4658 646 1286 647 1289 648 1290 649 1292 650 1293 651 1295 652 1296 653 1302 654 1305 655 1312 656 1316 657 4660 658 1318 659 1320 660 1321 661 1323 662 1325 663 4662 664 1327 665 1400 666 1404 667 1407 668 4698 669 1427 670 1612 671 1625 672 1637 RESOLUTIONS BY NUMBER 1 129 2 138 3 498 4 500 5 546 6 549 7 556 8 559 9 561 10 563 11 565 12 567 13 569 14 571 15 573 16 575 17 1788 18 1790 19 1792 20 1793 21 1796 22 1797 23 1801 24 1802 25 1805 26 1806 27 1808 28 1810 29 1812 30 1815 31 1817 32 1819 33 1822 34 1825 35 1828 36 1830 37 1832 38 1839 39 1841 40 1843 41 1844 42 1846 43 1849 44 1852 45 1854 46 1339 47 1363 48 1365 49 4683 50 1366 51 1367 52 4684 53 4685 54 4686 55 4687 56 4688 57 1369 58 4689 59 4690 60 1371 61 4691 62 4692 63 1372 64 4693 65 1373 66 4694 67 1374 68 1377

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69 4695 70 1381 71 1382 72 1386 73 4696 74 4697 75 4698 76 1387 77 1388 78 1390 79 1393 80 1397 81 1423 82 1425 83 4701 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 1 1 3 2 4 484 7 497 8 52 9 498 10 53 12 20 13 54 14 60 15 499 18 500 24 501 31 630 32 55 37 502 43 503 45 504 55 505 58 506 60 507 65 508 67 509 68 4 69 5 70 510 73 511 75 512 79 156 80 513 81 514 95 562 100 515 101 516 102 517 105 518 106 57 107 61 108 62 110 157 113 10 120 519 121 520 124 39 125 521 128 524 130 21 131 22 132 525 133 23 134 669 138 526 142 527 143 158 145 528 146 11 151 529 155 530 161 531 164 532 165 659 168 533 170 617 172 534 173 660 175 535 182 536 183 661 185 40 187 631 188 537 190 538 192 539 193 540 196 12 198 541 199 542 200 543 202 544 203 545 204 546 205 547 207 618 208 619 212 548 213 549 214 550 215 551 217 552 218 553 219 554 221 555 222 63 229 159

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230 3 231 556 234 557 236 160 238 161 239 670 240 558 241 162 242 163 243 42 244 559 246 560 247 74 249 561 251 563 252 Vetoed 255 564 257 24 262 164 263 27 264 43 265 565 269 566 271 165 276 567 278 632 281 85 287 568 288 569 291 570 292 571 293 166 295 572 296 573 298 574 302 167 303 620 304 168 312 575 314 621 322 32 323 13 324 33 325 576 328 169 329 170 330 171 331 172 332 173 333 174 334 175 335 176 336 177 337 178 338 179 339 180 340 181 342 577 343 578 349 579 350 580 351 581 352 14 356 582 357 182 359 183 360 184 362 658 367 633 368 583 375 584 376 672 378 585 379 586 381 587 382 7 385 588 399 185 400 28 401 186 402 187 403 188 408 189 409 634 410 589 412 590 414 64 419 591 420 592 421 190 422 191 423 192 424 622 429 593 430 594 433 Vetoed 436 193 437 194 438 662 439 195 440 196 441 197 442 198 443 199 449 200 450 595 453 Vetoed 455 34 456 467 460 596 462 201 464 202 465 94 466 203 467 56 470 204 471 597 473 205 477 598 478 206 480 65 481 8 482 207 484 208 485 209 486 210 487 211 489 212 490 44 491 213 494 663 496 522 498 6 503 599 504 214 505 600 506 215 507 216 508 601 509 602 512 603 513 15 514 16 515 623 516 604 517 217 518 605 519 218 520 29 522 219 524 17 526 220 527 221 528 222 529 30 530 624 532 223 533 224 536 606 538 225 541 607 543 18 544 608 545 75 546 226 548 84 549 89 550 88 551 227 554 19 555 228 557 229 558 609 559 230 560 610 565 664 566 231 567 232 568 668 569 611

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574 233 575 234 576 235 577 236 580 635 582 636 585 237 592 426 593 99 600 671 601 238 622 637 624 239 625 240 626 638 627 241 628 58 631 242 633 639 634 640 636 243 637 244 638 245 639 246 640 247 641 248 642 249 643 250 645 251 647 252 648 253 654 31 659 76 660 77 661 78 662 79 663 80 664 81 665 254 666 255 667 256 668 257 669 258 670 Vetoed 671 641 673 642 676 259 677 260 678 261 679 262 680 35 681 66 682 67 683 68 684 69 685 70 686 71 687 72 691 625 693 263

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694 264 695 265 700 643 703 Vetoed 705 644 710 266 712 45 713 645 719 267 720 268 721 269 722 270 724 271 725 272 726 273 727 274 728 275 729 95 731 90 732 276 733 277 734 278 735 279 736 280 737 281 738 282 740 283 742 284 743 285 744 646 745 286 746 647 751 748 752 287 753 626 766 288 770 649 771 91 774 650 779 651 783 652 788 653 789 100 790 667 792 289 795 654 798 290 800 291 801 292 804 293 805 294 806 295 810 296 811 297 812 655 818 298 819 299 820 300 821 656 822 301 823 302 824 303 825 304 827 305 828 306 830 307 832 308 833 309 834 310 837 311 838 312 839 96 840 313 843 314 844 101 847 315 848 316 850 317 851 318 852 319 853 320 854 321 855 322 857 323 858 324 859 325 863 326 864 327 865 328 867 329 868 330 870 331 871 332 872 333 876 334 877 335 878 336 880 337 881 338 882 339 883 340 884 341 888 342 889 343 890 344 891 345 892 346 893 347 896 348 897 349 899 350 900 351 901 352 902 657 903 353 905 354 907 355 910 356 912 357 913 358

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916 359 917 360 918 361 921 362 923 363 925 364 926 365 927 366 928 367 930 368 931 369 932 370 933 371 934 372 935 373 936 374 937 375 938 376 941 377 942 378 943 379 944 380 945 381 946 382 947 383 948 384 949 385 950 386 951 387 953 388 954 389 955 390 956 92 964 391 965 392 966 93 968 393 969 394 970 395 971 396 973 397 974 398 975 399 977 97 978 400 979 401 980 402 981 403 982 404 983 405 991 406 992 407 993 408 996 409 998 410 999 411 1001 412 1002 413 1003 414 1004 415 1005 416 1006 82 1007 83 1009 417 1011 418 1013 419 1016 420 1017 421 1018 422 1022 423 1023 98 1024 424 1026 425 1 25 3 427 5 428 7 429 13 9 14 627 15 628 18 86 20 46 21 102 22 430 24 431 26 432 28 47 29 433 32 48 33 49 35 50 36 434 37 51 38 435 40 612 41 436 45 437 46 73 59 438 61 439 63 665 65 440 66 59 67 441 69 442 71 613 75 443 76 444 77 445 79 446 82 447 83 666 98 448 99 121 102 449 107 450 111 103

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112 451 126 452 128 453 129 454 132 455 133 36 134 37 135 456 136 457 138 458 139 459 141 460 143 461 146 462 147 463 148 464 149 465 151 104 152 105 153 106 154 107 155 108 156 466 162 614 163 468 164 469 165 470 166 471 170 109 173 110 174 472 175 473 176 475 177 474 178 111 180 112 181 113 184 87 185 629 186 476 187 26 195 615 196 477 197 478 198 114 199 115 204 479 206 523 207 480 210 116 211 117 212 481 215 41 216 118 222 482 226 119 227 120 228 483 229 123 231 485 233 486 234 616 235 487 238 124 239 125 242 488 243 489 251 126 253 490 256 491 257 127 258 492 259 128 260 129 261 130 262 131 263 122 264 38 265 132 266 133 275 134 276 493 277 494 283 137 287 135 292 136 294 495 299 496 301 138 302 139 303 140 304 141 305 142 306 143 309 144 310 145 311 146 312 147 313 148 316 149 317 150 318 151 320 152 321 153 322 154 323 155 9-35 21 10-35 22 11-35 23 13-35 49 16-40 24 20-75 50 21-75 25 23-83 26 36-100 51 37-121 27 38-121 28 39-121 29 42-124 8 43-124 52 50-193 53

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51-193 30 52-193 54 55-193 9 62-230 55 63-230 56 66-230 16 74-290 10 76-290 11 77-311 57 78-311 12 80-311 58 91-324 59 93-355 60 109-414 61 118-476 31 120-500 62 123-510 13 125-510 63 127-510 32 128-510 33 129-510 34 130-510 35 145-516 64 146-516 82 147-520 2 148-522 36 149-540 65 151-551 14 158-579 15 161-635 66 162-650 67 163-650 37 164-650 38 167-706 68 169-706 69 171-710 70 172-711 71 177-720 83 178-720 72 200-770 73 205-794 74 206-803 75 207-803 76 208-803 77 214-813 78 230-819 39 239-848 40 240-858 79 241-859 41 245-865 80 256-969 42 283-997 43 284-998 44 298-1009 45 10 17 18 18 19 1 21 5 31 81 36 19 90 46 94 47 101 48 118 6 123 7 133 20 155 3 156 4

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1979 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 1979 HENRY COUNTYBOARD OF COMMISSIONERS. No. 3 (House Bill No. 230). AN ACT To amend an Act providing a new Board of Commissioners for Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3615), so as to change the method of filling certain vacancies on the Board of Commissioners; to provide that members of the Board may not hold or seek election to other offices; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new Board of Commissioners for Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3615), is hereby amended by striking in its entirety Section 3 thereof and substituting in lieu thereof a new Section 3, to read as follows: Section 3. (a) Positions on the Board of Commissioners shall be numbered 1 through 5, respectively. In order to be elected to the Board, a candidate must be a resident of the Commissioner District which corresponds by number to that position on the Board for

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which he offers as a candidate, must be a qualified elector of Henry County, and must have been a resident and citizen of Henry County for at least two years immediately preceding the date of the election. (b) No person shall be eligible to seek election to or to serve as a member of the Board if he holds or is seeking election to any other federal, State, county, or local office, elected or appointed. (c) Individuals who are elected to the Board for a full term shall take office on the first day of January following their election and shall serve for terms of office of four years and until their successors are duly elected and qualified. (d) Vacancies occurring in the membership of the Board shall be filled in the following manner: (1) If, at the time the vacancy occurs, there are less than 360 days until the date of the next general election, a qualified successor from the district in which the vacancy occurred shall be elected by the remaining members of the Board to serve until the first day of January following the next general election. A qualified successor shall be elected at the next general election to serve for the balance of the unexpired term, or for the next term, whichever shall be applicable. (2) If, at the time the vacancy occurs, there are more than 360 days until the next general election, a qualified successor from the district in which the vacancy occurred shall be elected at a special election called for such purpose. The Election Superintendent of Henry County shall call each such election to be held not later than 60 days from the creation of the vacancy. Each such election shall be governed by the provisions of the Georgia Election Code relative to special elections for the filling of vacancies. All persons so elected to fill a vacancy shall serve for the remainder of the unexpired term. 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 1979 session of the General Assembly of Georgia, a Bill to amend an act providing a new Board of Commissioners for Henry County, approved March 28, 1974 (Georgia laws 1974, page 3680), as amended by an act approved March 31, 1976 (Georgia laws 1976, Page 3615), and for other purposes. This 19th day of December, 1978. /s/ G. Richard Chamberlin State Representative-elect Henry County, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin, who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ G. Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal) Approved February 9, 1979.

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TURNER COUNTYCOMPENSATION OF SHERIFF, ETC. No. 4 (House Bill No. 68). AN ACT To amend an Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system, approved February 17, 1965 (Ga. Laws 1965, p. 2029), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3384), so as to change the provisions relating to the compensation of the sheriff; to provide for the payment of funds for the bed and board of prisoners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system, approved February 17, 1965 (Ga. Laws 1965, p. 2029), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3384), 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 governing authority of Turner County shall set the annual salary of the sheriff at an amount not less than the minimum salary provided for sheriffs by the general laws of the State of Georgia and not more than $25,000.00. If the governing authority does not set a salary for the sheriff, then the salary shall be the minimum salary as provided by the general laws of the State of Georgia. The governing authority of Turner County may change the salary of the sheriff within the amounts specified in this Section at any regular meeting of the governing authority. Section 2 . Said Act is further amended by inserting, following Section 3, a new Section 4, to read as follows: Section 4. The governing authority of Turner County is hereby authorized to fix the amount to be paid to the sheriff for bed and board of prisoners held in the Turner County jail.

Page 3007

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. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce a Bill in the 1979 Session of the General Assembly of Georgia to amend the act of the General Assembly fixing the salary of the sheriff of Turner County, Georgia, to increase the limits within which the County Commissioners of Turner County, Georgia, are authorized to fix the salary of the sheriff of Turner County, Georgia, and to authorize the County Commissioners of Turner County, Georgia, to fix the amount paid for bed and board of prisoners held in the Turner County jail, and for other purposes, in accordance with the provisions and requirements of the laws of the State of Georgia. This the 20th day of December, 1978. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that he/she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Wiregrass Farmer which is the official organ of Turner County, on the following dates: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ Earleen Sizemore Representative, 136th District

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Sworn to and subscribed before me, this 8th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal) Approved February 16, 1979. TURNER COUNTYDEPUTY CLERK OF SUPERIOR COURT. No. 5 (House Bill No. 69). AN ACT To provide for the appointment and employment of a deputy clerk for the office of the Clerk of the Superior Court of Turner County; to provide for the compensation, powers, duties, and authority of such deputy clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Clerk of the Superior Court of Turner County is hereby authorized to appoint and employ a deputy clerk for the office of the clerk of the superior court. Such deputy clerk shall perform such duties and shall possess such authority as shall be specified by the clerk of the superior court. It shall be within the sole power and discretion of the clerk of the superior court to name the person to be employed as deputy clerk, and the person so appointed and employed shall serve at the pleasure of the clerk of the superior court. The deputy clerk shall be compensated from the funds of Turner County in an amount to be fixed by the governing authority of Turner County. The compensation of the deputy clerk,

Page 3009

when fixed as provided herein, shall be paid in equal monthly installments. 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 of the intention to introduce a Bill in the 1979 Session of the General Assembly of Georgia to give the County Commissioners of Turner County the authority to pay the salary of one deputy clerk for the office of the clerk of superior court of Turner County, Georgia, and for other purposes, in accordance with the provisions and the requirements of the laws of the State of Georgia. This the 20th day of December, 1978. /s/ Earleen Sizemore, State Representative, 136th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that he/she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Wiregrass Farmer which is the official organ of Turner County, on the following dates: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ Earleen Sizemore Representative, 136th District

Page 3010

Sworn to and subscribed before me, this 8th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981 (Seal). Approved February 16, 1979. STATE COURT OF GWINNETT COUNTYVACANCIES, ETC. No. 6 (House Bill No. 498). AN ACT To amend an Act continuing and re-creating the State Court of Gwinnett County, approved March 23, 1977 (Ga. Laws 1977, p. 3331), so as to provide for the filling of vacancies in the office of judge or solicitor of the State Court; to provide for a judge pro tempore of the State Court of Gwinnett County; to provide for the appointment, duties, powers, authority, and compensation of the judge pro tempore; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act continuing and re-creating the State Court of Gwinnett County, approved March 23, 1977 (Ga. Laws 1977, p. 3331), is hereby amended by adding at the end of Section 13 two new subsections (e) and (f), to read as follows: (e) Every vacancy in the office of judge of the State Court occasioned by death, resignation, or other causes shall be filled by appointment by the Governor until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.

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(f) In the event of a vacancy in the office of judge of the State court or in the event that the judge is disabled or unable to serve in any cause or during any period of time, for any reason, the chief judge of the Superior Court of Cwinnett County is hereby authorized to appoint a person meeting the qualifications provided in subsection (b) of this Section to serve as judge pro tempore until such time as the vacancy has been filled as provided in this Act or until such time as the judge shall again be able to serve. The person appointed judge pro tempore shall have and may exercise all of the powers, duties, and authority of the judge of the State court while serving as judge pro tempore in the State court and shall be compensated for such services in the amount of $50.00 per day, but not to exceed $750.00 per calendar month, from the funds of Gwinnett County. Section 2. Said Act is further amended by adding at the end of Section 14 of said Act a new subsection (e), to read as follows: (e) Every vacancy in the office of solicitor of the State Court occasioned by death, resignation, or other causes shall be filled by appointment by the Governor until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act continuing and recreating the State Court of Gwinnett County, approved March 23, 1977 (Ga. Laws 1977, p. 3331); and for other purposes. This 12th day of January, 1979. /s/ Tom Phillips Representative, 59th District

Page 3012

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/she is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Home Weekly which is the official organ of Gwinnett County, on the following dates: January 17, 1979, January 24, 1979, January 31, 1979. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 16, 1979. TERRELL COUNTYSMALL CLAIMS COURT CREATED. No. 7 (House Bill No. 382). AN ACT To create and establish a Small Claims Court of Terrell 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

Page 3013

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 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 of Terrell 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) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Terrell 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, any judge of the Superior Court of Terrell County or any judge of a State court located in said county, on application of said judge of the small claims court who is

Page 3014

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, 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 served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.

Page 3015

(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 be not less than ten nor more than thirty days from the date of the service of said notice. 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 claims, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.

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(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. 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 Chief Judge of the Superior Court of Terrell 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.

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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 Terrell County Dawson, Georgia 31742

Page 3019

Page 3020

Section 18. On or before the effective date of this Act, the governing authority of Terrell County shall appoint a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed by the governing authority of Terrell County and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the governing authority of Terrell County, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities, utilities, filing cabinets, typewriters and equipment required by this Act, or necessary for the efficient operation of said court, shall be furnished by the governing authority of the county. All forms, books, file jackets, materials and supplies shall be furnished by the judge of said court. The governing authority of the county 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 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

Page 3021

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 of the first $250.00 and five percent 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 of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to create a Small Claims Court in Terrell County; to provide for the appointment, powers, duties and responsibilities of the judge of said court; to provide for the jurisdiction of said court; to provide for other matters relative to the foregoing; and for other purposes. This 14th day of December, 1978. /s/ Wilbur T. Gamble, Jr. Chairman, Board of Commissioners, Terrell County.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he/she is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Dawson News which is the official organ of Terrell County, on the following dates: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ Bob Hanner Representative, 130th District Sworn to and subscribed before me, this 11th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 16, 1979. CITY OF DAWSONVILLECOMPENSATION OF MAYOR AND COUNCILMEN. No. 10 (House Bill No. 113). AN ACT To amend an Act reincorporating the City of Dawsonville in the County of Dawson, approved April 6, 1967 (Ga. Laws 1967, p. 2748), as amended, so as to change the provisions relating to the compensation of the mayor and councilmen; to repeal conflicting laws; and for other purposes.

Page 3023

Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Dawsonville in the County of Dawson, approved April 6, 1967 (Ga. Laws 1967, p. 2748), as amended, is hereby amended by striking from Section 2.02 the following: twenty-five ($25.00), and inserting in lieu thereof the following: fifty ($50.00), and by striking therefrom the following: five ($5.00), and inserting in lieu thereof the following: fifteen ($15.00), so that when so amended, Section 2.02 shall read as follows: Section 2.02. City Council. The mayor and four councilmen shall compose the city council, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. This council shall be the final judge of the election and qualifications of its members, also of the amount and manner of compensating them for their services. The salaries so set by the mayor and council shall not exceed the sum of fifty ($50.00) dollars per month for the mayor payable every month and fifteen ($15.00) dollars per month for each member of the council payable every month. The council shall hold regular public meetings at a stated time and place, as provided by ordinances. The council shall meet in special session on written call of the mayor or any two councilmen, and notice of which has been served on the other members personally or left at their residences at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its

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powers in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, may order the production of books and papers, to punish for refusal to obey such an order or subpoena, or for disorderly or contemptuous behavior in the presence of the council. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an act reincorporating the City of Dawsonville in the county of Dawson approved April 6, 1967 (Georgia Laws 1967, Page 2748); as amended and for other purposes. This 8th day of December, 1978. /s/ Bill Hasty, Sr. Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, Sr. 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: December 14, 21 and 28, 1978. /s/ William G. Hasty, Sr. Representative, 8th District

Page 3025

Sworn to and subscribed before me, this 10th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 23, 1979. STATE COURT OF HABERSHAM COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 11 (House Bill No. 146). AN ACT To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. Laws 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1400), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1836), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2395), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2768), an Act approved April 11, 1968 (Ga. Laws 1968, p. 3678), an Act approved February 27, 1969 (Ga. Laws 1969, p. 2076), an Act approved February 27, 1969 (Ga. Laws 1969, p. 2093), an Act approved March 25, 1974 (Ga. Laws 1974, p. 3254), and an Act approved February 11, 1977 (Ga. Laws 1977, p. 2606), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. Laws 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1400), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1836), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2395), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2768), an Act approved April 11, 1968 (Ga. Laws 1968, p. 3678), an Act approved February 27, 1969 (Ga. Laws 1969, p. 2076), an Act approved February 27, 1969 (Ga. Laws 1969, p. 2093), an Act approved March 25, 1974 (Ga. Laws 1974, p. 3254), and an Act approved February 11, 1977 (Ga. Laws 1977, p. 2606), is hereby amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10, to read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said State Court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1944, and until his successor shall 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 Habersham County and shall hold his office for a term of four years, beginning on the first day of January, 1945. At the regular election of county officers of Habersham County in the year 1944, there shall be elected by the qualified voters of said County of Habersham a judge of said State Court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said State Court shall receive a salary of twelve thousand dollars per annum, which shall be paid monthly by the Judge of the Probate Court or other person or persons, who are now or may hereafter be charged by law with the paying out of the money of the County of Habersham, and shall be furnished an office in the courthouse as other county officers; and it shall be the duty of the Judge of the Probate Court of said county or other proper officer to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Georgia.

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Section 2 . Said Act is further amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14, to read as follows: Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said State Court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the 31st day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the superior court, and his fees for all other services rendered shall be the same as are those of 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 twelve thousand dollars per year, which shall be paid monthly out of the county treasury. The said solicitor shall receive no other fees or compensation for his services. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Habersham County, Georgia. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act

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creating the State Court of Habersham County (Formerly the City Court of Habersham County) so as to change the rate of compensation for the judge and solicitor of the State Court of Habersham County; to repeal conflicting laws; and for other purposes. This 19th day of December, 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: December 21 and 28, 1978, and January 4, 1979. /s/ Amilee C. Graves Publisher Tri-County Advertiser Sworn to and subscribed before me, this 5th day of January, 1979. /s/ Carolyn C. Palmer Notary Public. (Seal). Approved February 23, 1979.

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STATE COURT OF HABERSHAM COUNTYCOMPENSATION OF SOLICITOR'S SECRETARY. No. 12 (House Bill No. 196). 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), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3608), so as to change the maximum compensation of the secretary of the Solicitor of the State Court of Habersham County; to provide that said compensation be fixed and approved by said 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 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), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3608), 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 the sum of three hundred fifty ($350.00) dollars per month, to be fixed and approved by the said Solicitor 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

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exceed the sum of three hundred fifty ($350.00) dollars per month, to be fixed and approved by the said Solicitor and to be paid monthly from the funds in the county treasury. Said Solicitor shall have the sole right to select the secretaries employed hereunder, who shall serve at the pleasure of said Solicitor, and who shall perform such duties and services as prescribed by the Solicitor. Section 2 . This Act shall become effective on the first 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 1979 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 be Secretary of the Solicitor of the State Court of Habersham County, as fixed and approved by said Solicitor but not to exceed the limitation of amount provided by said bill; to repeal conflicting laws; and for other purposes. This 19th day of December, 1978. /s/ John C. Foster Senator, 50th District /s/ William J. Dover State Representative, 11 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

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Habersham County, on the following dates: December 21 and 28, 1978, and January 4, 1979. /s/ Amilee C. Graves Publisher Tri-County Advertiser Sworn to and subscribed before me, this 5th day of January, 1979. /s/ Carolyn C. Palmer Notary Public. (Seal). Approved February 23, 1979. MERIWETHER COUNTYSMALL CLAIMS COURT CREATED. No. 13 (House Bill No. 323). AN ACT To create and establish a Small Claims Court in and for Meriwether County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, 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 constables 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

Page 3032

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 severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Meriwether County. Said court shall have civil jurisdiction in cases ex contractu and ex delicto 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) Any person appointed or elected as a judge of the Small Claims Court created by this Act must be a resident of Meriwether County, be at least twenty-five 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 Probate Court of Meriwether County or any justice of the peace 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.

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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, as is provided by law in the superior courts, 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 constable of the Small Claims Court, 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 served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, shall be included in 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. All hearings shall be set for such regular location as the judge shall set by rule and at such regular day and time each month as the judge shall set by rule.

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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 $15.00 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 $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 taxed against the losing party. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (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

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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 Meriwether 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 constables of and for said Small Claims Court to act within and throughout the limits of the county. Such constables 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 Constable 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 constables shall also have the power to make levies, conduct

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judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such constables 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 constables 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 constables 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 Meriwether County

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Page 3038

Section 18. (a) On or before the effective date of this Act the Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office until his successor is duly elected and qualified. (b) At the 1982 general election, and at each election quadrennially thereafter, a judge of said court shall be elected in the manner prescribed by law for county officers; and the term of office of said judge shall begin on the first day of January following his election and expire on the first day of January four years thereafter.

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(c) All vacancies in the office of judge shall be filled by appointment of a successor by the Governor, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Section 20. Said Small Claims Court shall have a regular monthly time and date, designated by the judge by rule, for which hearings shall be set. The judge 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 constable, 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 constable or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars.

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Section 24. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 25. This Act shall become effective upon its approval 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to create and establish a Small Claims Court in Meriwether County; to provide for practice and procedure therein; to provide for other matters relative to the foregoing, and for other purposes. This 26th day of December, 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/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Meriwether Vindicator which is the official organ of

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Meriwether County, on the following dates: December 29, 1978, January 5, 1979 and January 12, 1979. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 16th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 23, 1979. MERIWETHER COUNTYCOMPENSATION OF CLERICAL HELP IN OFFICE OF CLERK OF SUPERIOR COURT. No. 15 (House Bill No. 513). 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. 2520), so as to change the provisions relating to the compensation of the clerical help of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the 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

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amended, particularly by an Act approved February 24, 1975 (Ga. Laws 1975, p. 2520), is hereby amended by striking in its entirety Section 3, which reads as follows: Section 3. The Clerk of the Superior Court of Meriwether County shall be compensated in the amount of twelve thousand dollars ($12,000.00) per annum, to be paid in equal monthly installments from the funds of Meriwether County. The clerk is hereby authorized to appoint a deputy clerk whose compensation shall be determined by the Board of Commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed five hundred and fifty dollars ($550.00) per month. The clerk may employ such other clerks or secretarial help as he deems necessary, said employment and compensation of each to be as approved and determined by the Board of Commissioners of Meriwether County, but not to exceed five hundred dollars ($500.00) per month each, to be paid from the funds of Meriwether County., and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The Clerk of the Superior Court of Meriwether County shall be compensated in the amount of twelve thousand dollars ($12,000.00) per annum, to be paid in equal monthly installments from the funds of Meriwether County. The clerk is hereby authorized to appoint a deputy clerk whose compensation shall be determined by the Board of Commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed $750.00 and not to be less than $600.00 per month. The clerk is hereby authorized to appoint a second deputy clerk whose compensation shall be determined by the Board of Commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed $650.00 and not to be less than $500.00 per month. The clerk may employ such other clerks or secretarial help as he deems necessary, said employment and compensation of each to be as approved and determined by the Board of Commissioners of Meriwether County, to be paid from the funds of Meriwether County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming 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 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the 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; and for other purposes. This 5th day of January, 1979. /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/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: January 12, 1979, January 19, 1979 and January 26, 1979. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 31st day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 23, 1979.

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MERIWETHER COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 16 (House Bill No. 514). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, approved March 10, 1933 (Ga. Laws 1933, p. 614), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3416), so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, approved March 10, 1933 (Ga. Laws 1933, p. 614), as amended, particularly by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3416), is hereby amended by striking in its entirety subsection (a) of Section 4 which reads as follows: (a). The compensation of the tax commissioner of Meriwether County is hereby placed on a salary basis in lieu of a fee basis. The tax commissioner shall be compensated in the amount of seven thousand five hundred ($7,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Meriwether County, plus those commissions authorized by law for the issuance of automobile tags. Provided however, said tax commissioner shall not be entitled to those fees and commissions as provided for the collection of taxes in the Georgia Code Ann. section 92-5304., and inserting in lieu thereof a new subsection (a) of Section 4 to read as follows: (a) The tax commissioner shall be compensated on a salary basis and his annual salary shall be fixed in an amount not less than

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$14,000 per year and not more than $16,000 per year by the governing authority of the county, to be paid in equal monthly installments from the funds of the county. It is specifically provided that the salary fixed for the tax commissioner shall be in lieu of all fees, including, but not limited to: (1) The commission on taxes collected in excess of a certain percentage of the total taxes due provided for by Georgia Code Section 91A-1370; and (2) The commission 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 2. Said Act is further amended by striking from the first sentence of subsection (b) of Section 4 the following: Notwithstanding the above, such compensation, and inserting in lieu thereof the following: The annual salary provided above, so that said subsection (b) of Section 4 when so amended shall read as follows: (b) The annual salary provided above shall be in lieu of all fees, costs, commissions and perquisites of whatever kind, heretofore received by the tax commissioner of Meriwether County. All fees, costs, commissions and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected by the tax commissioner of Meriwether County, shall be received and collected by said tax commissioner for the sole use of Meriwether County, and it shall be the property of Meriwether County. Such funds shall be held as public funds belonging to Meriwether County and shall be accounted for and paid to the fiscal authority of said county by the first Wednesday of each month for the immediately preceding month, accompanied by an itemized statement, under oath, showing the collections and the sources from which collected.

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Section 3. This Act shall become effective on January 1, 1980. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Meriwether County and creating the office of Tax Commissioner of Meriwether County, approved March 10, 1933 (Ga. Laws 1933, p. 614), as amended; and for other purposes. This 5th day of January, 1979. /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/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: January 12, 1979, January 19, 1979 and January 26, 1979. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 31st day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 23, 1979.

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STEPHENS COUNTYTERMS OF BOARD OF COMMISSIONERS, REFERENDUM. No. 17 (House Bill No. 524). AN ACT To amend an Act creating a Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. Laws 1937, p. 1415), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3864), so as to change the terms of the members of the Board of Commissioners; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. Laws 1937, p. 1415), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3864), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 which shall read as follows: Section 3. For the purposes of electing members to the Board of Commissioners of Stephens County, positions on the Board shall be numbered 1 through 3, respectively. Candidates for commissioner shall designate the Post for which they are offering for election. At the general election held in 1980, the commissioner elected to Post 1 shall be elected for a term of two years, and the commissioners elected to Posts 2 and 3 shall be elected for a term of four years. The commissioners so elected shall take office on January 1, 1981, and shall serve for terms as provided herein and until their successors are elected and qualified. Thereafter, successors elected

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to succeed said commissioners and their successors shall be elected at the general election conducted in that year in which the respective term of office shall expire, shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. 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 Stephens County to issue the call for an election for the purpose of submitting this Act to the electors of Stephens County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Stephens County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the change in the terms of the members of the Board of Commissioners of Stephens County be approved? All persons desiring to vote for approval of the Act shall vote `Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect 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 Stephens County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. If approved at the referendum provided for in Section 2 of this Act, the provisions of this Act necessary for the election of members of the Board of Commissioners of Stephens County at the general election of 1980 shall be effective upon the certification

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of the results of said referendum to the Secretary of State. For all other purposes, this Act shall become effective on January 1, 1981. 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 1979 session of the General Assembly of Georgia a bill changing the terms of the members of the Board of Commissioners of Stephens County, to provide for a referendum on said issue, and for other purposes. This 9th day of January, 1979. Stephens County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin, who, on oath, deposes and says that he is representative from the 10th District and that the aforesaid copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following dates: January 11, January 18, and January 25, 1979. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Carolyn H. Norris Notary Public. (Seal). Approved February 23, 1979.

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CITY OF CORNELIARECORDER'S QUALIFICATIONS. No. 18 (House Bill No. 543). AN ACT To amend an Act incorporating the Town of Cornelia, approved October 22, 1887 (Ga. Laws 1886-87, p. 571), as amended, particularly by an Act approved December 29, 1890 (Ga. Laws 1890-91, p. 663), as amended by an Act approved August 7, 1905 (Ga. Laws 1905, p. 768), an Act approved August 16, 1912 (Ga. Laws 1912, p. 793), an Act approved August 20, 1927 (Ga. Laws 1927, p. 981), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3939), so as to eliminate the requirement that the Recorder must be a citizen of the City of Cornelia for at least one year preceding his election; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Cornelia, approved October 22, 1887 (Ga. Laws 1886-87, p. 571), as amended, particularly by an Act approved December 29, 1890 (Ga. Laws 1890-91, p. 663), as amended by an Act approved August 7, 1905 (Ga. Laws 1905, p. 768), an Act approved August 16, 1912 (Ga. Laws 1912, p. 793), an Act approved August 20, 1927 (Ga. Laws 1927, p. 981), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3939), is hereby amended by deleting from the first sentence of Section 25A of the amendatory Act approved March 31, 1976 (Ga. Laws 1976, pp. 3939, 3941) the words and shall have been a citizen of said city for at least one year preceding his election, so that said Section 25A of the amendatory Act approved March 31, 1976 (Ga. Laws 1976, pp. 3939, 3941) when so amended shall read as follows: Section 25A. The recorder shall be of good moral character. He must be at least twenty-five years of age at the time of his election.

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He shall be elected by the commission for a term of two years, but shall be subject to removal at any time by a vote of the majority of the commission. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the commissioners. The recorder must be furnished with a copy of such charges, and of the time when the same will be heard, which must not be less than five days after a copy of such charges shall have been furnished him. Such hearing shall be public and the recorder shall have the right to be present thereat, and to call witnesses in his own defense; but the action of the commission in removing or in refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the commission. The recorder shall receive such salary as the commission shall fix. Section 2. This Act shall become effective on the first 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 1979 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Cornelia, Georgia, so as to eliminate the requirement that the Recorder must be a citizen of the City of Cornelia for at least one year preceding his election; to provide an effective date; to repeal conflicting laws; and for other purposes. The 9th day of January, 1979. /s/ D. Stephens Baxter, Mayor City of Cornelia, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Dover who, on oath, deposes and says that he/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 11, 18 and 25, 1979. /s/ Bill Dover Representative, 11th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 23, 1979. HART COUNTY INDUSTRIAL BUILDING AUTHORITY AMENDED. No. 19 (House Bill No. 554). AN ACT To further define and describe the powers and duties of the Hart County Industrial Building Authority, so as to provide additional ways in which said Authority may encourage and promote the expansion and development of industrial and commercial facilities in Hart County so as to relieve, insofar as possible, unemployment within its boundaries; specifically, to authorize said Authority to lend monies to industrial concerns for the planning, design, construction, financing, and carrying out of projects involving the

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acquisition, construction, or equipping of any facility to be located within Hart County even though the facility is to be located on land in which the Authority has no right, title, or interest; to provide for the issuance of refunding bonds; to redefine certain terms; to provide for the establishment of interest rates with respect to bonds, notes, and other obligations; to provide for the form and denomination of bonds and their exchangeability and transferability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This statute is enacted pursuant to authority contained in Paragraph N of the amendment to Article V, Section IX of the Constitution of 1945 (Ga. Laws 1963, p. 697), creating and empowering the Hart County Industrial Building Authority which was continued in force and effect as a part of the Constitution of 1976 pursuant to the provisions of Paragraph II of Section I of Article XIII of said Constitution of 1976 (said constitutional amendment being hereinafter referred to as the Constitutional Amendment). Section 2. In addition to the powers now possessed by the Hart County Industrial Building Authority (hereinafter referred to as the Authority), said Authority is empowered and authorized to do any or all of the following: (a) To extend credit or make secured or unsecured loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project involving the acquisition, construction, or equipping of any facility to be located within Hart County even though the facility is to be on lands in which the Authority has no right, title, or interest upon a determination by the Authority that the making of any such loan or the extension of any such credit will, in the judgment of the Authority, encourage and promote the expansion and development of industry and commerce in Hart County, and will tend to increase employment opportunities within said county. The word facility as used herein shall mean and include any type of real or personal property or a combination thereof which is intended to be used in connection with the operation of an industrial or manufacturing plant or a commercial enterprise located in Hart County. Such

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loans or the extension of any such credit shall be secured by such terms and conditions as the Authority shall determine to be reasonable; (b) To issue its revenue bonds to provide funds with which to make any loan or loans authorized under the provisions of subsection (a) above; and (c) To do all things necessary or convenient to carry out the powers expressly conferred by the Act. Section 3. The interest rate or rates to be borne by any bonds, notes, or other obligations issued by the Authority shall be fixed by the Authority and any limitations with respect to interest rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), or in any amendment thereto which may hereafter be adopted, or in the usury laws of the State of Georgia shall not apply to obligations issued under this Act. Section 4. Revenue bonds issued by the Authority may be in such form, either coupon or fully registered or both coupon and fully registered, and may be in such denominations and subject to such exchangeability and transferability provisions, as the resolution authorizing the issuance of such bonds or any indenture or trust agreement or bond purchase agreement may provide. Section 5. Revenue bonds issued by the Authority shall bear a certificate of validation. The signature of the Clerk of the Superior Court of the Northern Judicial Circuit may be placed upon such validation certificate in manual or facsimile form, and the seal of the superior court may be impressed, imprinted, or reproduced thereon. Section 6. No bonds except refunding bonds shall be issued by the Authority unless its governing body shall adopt a resolution finding that the undertaking for which such bonds are to be issued will promote the objectives of the Authority and will tend to increase, or to prevent a decrease in, employment opportunities in Hart County. Section 7. Revenue bonds may be issued to refund any outstanding obligation of the Authority.

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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 Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to further define and describe the powers and duties of the Hart County Industrial Building Authority. Billy Milford Representative, 13th District Post 2 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 11, 1979, January 18, 1979 and January 25, 1979. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 23, 1979.

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CITY OF PERRYELECTORS. No. 21 (House Bill No. 130). 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 relative to the qualifications and registration of electors in municipal elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. Laws 1937, p. 2029), as amended, is hereby amended by striking Sections 7 through 13 in their entirety and substituting in lieu thereof one new Section 7 to read as follows: Section 7. The qualifications of electors and the registration of electors for municipal elections shall be in accordance with the provisions of Code Title 34A known as the `Georgia Municipal Election Code,' as now or hereafter amended, and, as provided by Code Section 34A-501 of said Municipal Election Code, the mayor and council may maintain its own registration or elect to use the county registration list by providing by ordinance that any person who is a resident of the City of Perry and who is registered with the Board of Registrars of Houston County shall be eligible to vote in municipal elections. 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 1979 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.

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This 5th day of December, 1978. Larry Walker Representative, 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he/she is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: December 14, 1978, December 21, 1978 and December 28, 1978. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 10th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 28, 1979.

Page 3058

PERRY DEVELOPMENT AUTHORITY ACT AMENDED. No. 22 (House Bill No. 131). AN ACT To amend an Act creating the Perry Redevelopment Authority, approved April 15, 1975 (Ga. Laws 1975, p. 2902), so as to change the provisions relating to the qualifications of members of the Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Perry Redevelopment Authority, approved April 15, 1975 (Ga. Laws 1975, p. 2902), is hereby amended by striking from subsection (d) of Section 3 of said Act the following: No person may serve more than two consecutive full terms as a member of the Authority., so that when so amended subsection (d) of Section 3 of said Act shall read as follows: (d) Each member of the Authority shall have attained the age of 21 years and shall have been a resident of the county for at least one year prior to his appointment. No officer or employee of the county or city shall be eligible for appointment to the Authority. If at any time during his term a member shall cease to be a resident of the county or shall become an officer or employee of the county or city, he shall cease to be a member of the Authority. No action taken by the Authority shall be void by reason of the disqualification of a member until the disqualification shall be brought to the attention of the other members of the Authority in writing, and one month has expired since the receipt of said notice and the action sought to be void was taken after said one-month period. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3059

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to amend an Act creating the Perry Redevelopment Authority, approved April 15, 1975 (Ga. Laws 1975, p. 2902); and for other purposes. This 5th day of December, 1978. Larry Walker Representative, 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he/she is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: December 14, 1978, December 21, 1978 and December 28, 1978. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 10th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 28, 1979.

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STATE COURT OF DeKALB COUNTYJURY TRIALS. No. 24 (House Bill No. 257). AN ACT To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3137), so as to change the provisions relating to trials by jury in said State 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 DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3137), is hereby amended by striking Section 7-A in its entirety and substituting in lieu thereof a new Section 7-A to read as follows: Section 7-A. Proceedings in criminal cases in the State Court of DeKalb County after accusation shall conform to rules governing like proceedings in the superior courts, except that the jury in said Court shall consist of six jurors as provided in Section 15 of this Act. Section 2. Said Act is further amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15 to read as follows: Section 15. (a) The jury in the criminal cases in the State Court of DeKalb County shall consist of six (6), to be stricken alternately by the State and the defendant, from a panel of twelve (12) qualified, prospective jurors, drawn in the same manner as jurors are drawn in the superior court by a judge of the State Court. The State shall be entitled to three (3) peremptory strikes, and defendant shall be entitled to three (3) peremptory strikes. The State shall be

Page 3061

entitled to the first such strike, and the defendant shall be entitled to the last such strike, and the six (6) remaining jurors shall compose a jury for the trial of criminal cases in the State Court of DeKalb County. (b) The jury in the civil cases in the State Court of DeKalb County shall consist of six (6), to be stricken alternately by the plaintiff and the defendant, from a panel of twelve (12) qualified, prospective jurors, drawn in the same manner as jurors are drawn in the superior court by a judge of the State Court. The plaintiff shall be entitled to three (3) peremptory strikes and the defendant shall be entitled to three (3) peremptory strikes. The plaintiff shall be entitled to the first such strike and the defendant shall be entitled to the last such strike. The six (6) remaining jurors shall compose a jury for the trial of civil cases for the State Court of DeKalb County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. An Act to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, to provide that trials by jury in the State Court of DeKalb County shall be by six (6) jurors instead of five (5) jurors to be stricken from a panel of twelve (12) qualified, prospective jurors; to repeal conflicting laws, and for other purposes. J. Oscar Mitchell, Judge State Court of DeKalb County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy Childs who, on oath, deposes and says that he/she is Representative from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3062

published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: December 14, 1978, December 21, 1978 and December 28, 1978. /s/ Peggy Childs Representative, 51st District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 28, 1979. CIVIL COURT OF BIBB COUNTYJURISDICTION. No. 26 (Senate Bill No. 187). AN ACT To amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. Laws 1955, p. 2552), as amended, so as to change the jurisdiction of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. Laws 1955, p. 2552), as amended, is hereby amended by striking from Sections 2 and 3 the following: fifteen hundred dollars,

Page 3063

and substituting in lieu thereof the following: $3,000, so that when so amended Sections 2 and 3 shall read as follows: Section 2. Jurisdiction. Be it further enacted by the authority aforesaid, that said Civil Court of Bibb County shall have jurisdiction within the incorporate limits of the County of Bibb as aforesaid, concurrent with the superior court to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due or the value of the property in dispute does not exceed $3,000 and over which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State except that the Civil Court of Bibb County shall have jurisdiction in all suits or causes of action brought under the provisions of the Code Ann. Supp. Chapter 68-8, to try any action against a nonresident defendant upon whom service was perfected by serving the Secretary of State as provided in that Chapter in the same manner as where the jurisdiction to try such an action is vested in the courts in said counties having jurisdiction of tort and criminal actions. The Civil Court of Bibb County shall have jurisdiction to try and to determine all suits, warrants and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to any issues to be tried therein to either the Civil Court of Bibb County, or to the Superior Court of Bibb County, providing the election is stated in the warrant or affidavit at the time the same is issued. Section 3. Jurisdiction. Civil and criminal. Be it further enacted by the authority aforesaid, that wherever and whenever the words `Principal amount sworn to or claimed to be due', are used in any Act relating to the Civil Court of Bibb County, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of the lien sought to be enforced by the plaintiff, or the alleged amount of the lien sought to be enforced by the defendant by setoff or counterclaim, exclusive of

Page 3064

and not computing interest, hire, attorney's fees and costs so that the jurisdiction of said Civil Court of Bibb County shall be concurrent with the superior court to try and dispose of all civil cases or proceedings of whatever nature whether arising ex contractu or ex delicto under the common law or by statute in which the principal sum sworn to or claimed to be due or the value of the property in dispute, does not exceed $3,000 and over which jurisdiction is not vested by the Constitution or laws of Georgia exclusively in other courts. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955, (Ga. Laws 1955, P. 2552), as amended, so as to change the jurisdiction of said Court; and for other purposes. This 16th day of January, 1979. Richard L. Greene Senator, 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard L. Greene who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following dates: January 19, 1979, January 26, 1979 and February 2, 1979. /s/ Richard L. Greene Senator, 26th District

Page 3065

Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 2, 1979. STATE COURT OF LAURENS COUNTYPRACTICE OF LAW BY JUDGE PERMITTED. No. 27 (House Bill No. 263). AN ACT To amend an Act establishing the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved August 4, 1904 (Ga. Laws 1904, p. 140), so as to provide that the judge of said court may practice law in partnership with other attorneys; to provide conditions for such practice; to provide 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 Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved August 4, 1904 (Ga. Laws 1904, p. 140), is hereby amended by striking Section 5 thereof, which reads as follows:

Page 3066

Section 5. Be it further enacted that the judge of said city court may practice law in any of the courts of this State or of the United States except in the city court of Dublin and the Supreme Court in writs of error from said city court. But said judge shall not have or maintain partnership relations with any other attorney either directly or indirectly. The judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the judge of the superior courts of this State., and inserting in lieu thereof a new Section 5, to read as follows: Section 5. The judge of the State Court of Laurens County may practice law in any of the courts of this State or of the United States, except in the State Court of Laurens County and except in any appeal from a judgment of said State Court. The judge may practice law in partnership with other attorneys provided such other attorneys do not practice law in the State Court of Laurens County while their partner is a judge of the State Court. Except as otherwise provided in Code Section 50-127, relating to exclusive procedure for habeas corpus, as now or hereafter amended, the judge of the State Court of Laurens County shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the judge of the superior courts of this State. 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 1979 Session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended; and for other purposes. This 16th day of December, 1978. J. Roy Rowland Representative, 119th District

Page 3067

Georgia, Laurens County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths in the county and state above, W. H. Champion, who after being duly sworn makes the following statements: That he is the Publisher of the Dublin, Georgia, Courier-Herald, and That the Courier-Herald is the official legal gazette for the Sheriff of Laurens County, and That the attached is a true and accurate copy of a notice of intention for the introduction of local legislation published in the said Dublin, Georgia, Courier-Herald, on December 23, 1978, December 30, 1978, and January 6, 1979. This the 10th day of January, 1979. /s/ W. H. Champion, Publisher Dublin, Georgia, Courier-Herald Sworn to and subscribed before me, this 10th day of January, 1979. /s/ Debra D. Graham Notary Public, Laurens County, Georgia. My Commission Expires October 16, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended; and for other purposes. This 16th day of December, 1978. J. Roy Rowland Representative, 119th District

Page 3068

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: December 20, 1978, December 27, 1978 and January 3, 1979. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 19, 1980. (Seal). Approved March 2, 1979. WHITFIELD COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 28 (House Bill No. 400). AN ACT To amend an Act creating and establishing a small claims court for Whitfield County, Georgia, approved March 16, 1978 (Ga.

Page 3069

Laws 1978, p. 3792), so as to change certain provisions relating to the qualifications, employment, and compensation of clerical and secretarial help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a small claims court for Whitfield County, Georgia, approved March 16, 1978 (Ga. Laws 1978, p. 3792), is hereby amended by striking from Section 2 thereof the second paragraph, which reads as follows: 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., and inserting in lieu thereof the following: All other officers, except for clerical and secretarial help provided for in Section 5, appointed to or employed by said court shall be at least eighteen years of age and shall be residents of Whitfield County,, so that when so amended, said Section 2 shall read as follows: 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, except for clerical and secretarial help provided for in Section 5, appointed to or employed by said court shall be at least eighteen years of age and shall be residents of Whitfield County. Section 2. Said Act is further amended by striking in its entirety Section 5 thereof, which reads as follows:

Page 3070

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., and inserting in lieu thereof a new Section 5, to read as follows: Section 5. The judge may employ clerical and secretarial help who shall be compensated in an amount to be fixed by the Board of Commissioners of Whitfield County. 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 1979 Session of the General Assembly of Georgia a bill to amend an Act creating and establishing a Small Claims Court for Whitfield County, Georgia, approved March 16, 1978 (Ga. Laws 1978, p. 3792); and for other purposes. This 20th day of Dec., 1978. /s/ Roger Williams Representative, 6th District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, 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

Page 3071

County, on the following dates: December 22, 1978, December 29, 1978 and January 5, 1979. /s/ Roger Williams Representative, 6th District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State of Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 2, 1979. LAURENS COUNTYSMALL CLAIMS COURT CREATED. No. 29 (House Bill No. 520). AN ACT To create and establish a Small Claims Court in and for Laurens 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 limitations upon the practice of law by such judge; to provide for vacancies; to provide for fees and to whom paid; 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,

Page 3072

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 Laurens 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) Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Laurens County, be at least twenty-two years of age, be a member of the State Bar of Georgia, and must be a person of outstanding character and integrity. (b) The judge of the Small Claims Court may practice law in any courts of this State or the United States, except in the Small Claims Court of Laurens County and except in any appeal from a judgment of said Small Claims Court. (c) 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 Laurens 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 State

Page 3073

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 clerk of the Superior Court of Laurens County shall also serve as clerk of the Small Claims Court of Laurens County and shall receive for such services that compensation provided in Section 2 of an Act providing minimum salaries for the clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as now or hereafter amended. Section 5. For his services as judge under this Act, the judge of the Small Claims Court of Laurens County shall receive as his sole compensation a salary of $7,500 per year. Such salary shall be payable in equal monthly installments from the funds of Laurens County. Any fee which this Act provides such judge for such services shall be paid into the county treasury. 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,

Page 3074

the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding 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. The clerk of the Superior Court of Laurens County shall maintain, in the office of said clerk, a docket in which shall be indicated every proceeding and ruling had in each case in the Small Claims Court of Laurens County. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $7.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If

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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 $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (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

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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 Laurens 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

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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 Laurens County

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Page 3079

Section 18. On or before the effective date of this Act the judge of the Superior Court of Laurens County shall appoint a duly qualified person to serve as the judge of the Small Claims Court of Laurens County for a term of office of two years and until his successor is duly appointed by the judge of the superior court of Laurens County and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the judge of the Superior Court of Laurens 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, shall be furnished by the Board of Commissioners of Laurens County. 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 $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

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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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to create and establish a Small Claims Court in and for Laurens County; to provide for all matters relative thereto; and for other purposes. This 16th day of December, 1978. 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: December 20, 1978, December 27, 1978 and January 3, 1979. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to create and establish a Small Claims Court in and for Laurens County; to provide for all matters relative thereto; and for other purposes. This 16th day of December, 1978. 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 Dublin Courier Herald which is the official organ of Laurens County, on the following dates: December 23, 1978, December 30, 1978 and January 6, 1979. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large My Commission Expires Nov. 1, 1981. (Seal). Approved March 2, 1979.

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TOWN OF RINCONQUALIFICATIONS OF RECORDER. No. 30 (House Bill No. 529). AN ACT To amend an Act reincorporating the Town of Rincon, approved March 13, 1978 (Ga. Laws 1978, p. 3307), so as to change the qualifications of the recorder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the Town of Rincon, approved March 13, 1978 (Ga. Laws 1978, p. 3307), is hereby amended by striking subsection (a) of Section 6-2 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) No person shall be qualified or eligible to serve as recorder unless he or she shall have attained the age of eighteen years and shall not have been convicted of a crime involving moral turpitude. The recorder need not be a resident of Effingham County, Georgia, or 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. The compensation of the recorder shall be prescribed by the mayor and council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Effingham Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to amend Section 6-2(1) of Rincon Town Charter (Georgia Laws, 1978, P. 3307) so as to provide that the Recorder of the Town of Rincon need not be a resident of

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Effingham County nor be qualified to vote in Effingham County and for such other purposes as required by law. This 5th day of January, 1979. Byron C. Glisson Mayor, Town 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 11, 1979, January 18, 1979 and January 25, 1979. /s/ George Chance Representative, 129th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 2, 1979.

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COMPENSATION OF NAMED OFFICIALS IN CERTAIN COUNTIES (180,000190,000). No. 31 (House Bill No. 654). AN ACT To provide for the compensation of certain officers of counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census; to repeal certain specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) In all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, each of the officers and officials of any such county listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the minimum salary set forth as follows: Tax Commissioner $26,000 per annum. Clerk of the Superior Court $22,500 per annum. Judge of the Recorder's Court $30,000 per annum. (b) The salaries provided for herein shall be paid in equal monthly installments from the funds of each such county. Section 2. (a) An Act fixing the compensation of a certain official in certain counties, approved March 21, 1974 (Ga. Laws 1974, p. 2474), as amended by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2859), is hereby repealed in its entirety. (b) An Act providing for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, approved April

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24, 1975 (Ga. Laws 1975, p. 4554), as amended by an Act approved March 11, 1977 (Ga. Laws 1977, p. 347), 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. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1979. TOOMBS COUNTYBOARD OF COMMISSIONERS. No. 35 (House Bill No. 680). AN ACT To amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. Laws 1959, p. 2010), as amended, so as to provide that the chairman of the board shall be furnished a pickup truck for use in carrying out the duties of his office; to change the provisions relating to the filling of vacancies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. Laws 1959, p. 2010), as amended, is hereby amended by adding at the end of Section 7 a new paragraph to read as follows: In addition to any other compensation or emoluments received by the chairman, the chairman of the board shall be furnished a

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pickup truck for use in carrying out the duties of his office. The cost of such pickup truck and the expenses of operating and maintaining said vehicle shall be paid from county funds. 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) Should a vacancy occur in the board of commissioners other than in the at-large post within six months of the expiration of the term of office of such commissioner, the remaining commissioners shall select and appoint a successor to fill out the unexpired term until the next general election when a successor shall be elected by the qualified voters of the commissioner district. Any person appointed to fill such a vacancy must be a resident of the commissioner district corresponding to that of the member whose unexpired term he is appointed to fill. All vacancies occurring in the membership of the board, other than the at-large post six months or more before the expiration of the term of office, shall be filled by a special election called by the election superintendent of Toombs County in the same manner as in the case to fill vacancies in other county offices; and the person so elected shall be commissioned and hold office until the expiration of said unexpired term and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Any such member so elected for an unexpired term shall be elected only by the qualified voters of the commissioner district in which the vacancy occurs. Should any member of the board of commissioners who is elected from a commissioner district change his residence from the commissioner district from which he was elected, a vacancy shall be created thereby and such vacancy shall be filled as provided herein. (b) Should a vacancy occur in the at-large post within six months of the expiration of the term of office of such at-large commissioner, the remaining commissioners shall select and appoint a successor to fill out the unexpired term until the next general election when a successor shall be elected by the qualified voters of the entire county. Vacancies occurring in the at-large post of the board six months or more before the expiration of the term of office shall be filled by a special election called by the election superintendent of Toombs County in the same manner as in the case to fill vacancies

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in other county offices, and the person so elected shall be commissioned and hold office until the expiration of said unexpired term and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the Georgia General Assembly a bill to amend an act creating the board of Toombs County commissioners approved Feb. 13, 1959 (Georgia Laws 1959, page 2010) as amended and for other purposes. This 23rd day of December, 1978. L. L. Pete Phillips Representative, 120th District Thomas B. Tommy Clifton Representative, 121st 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 The Lyons Progress which is the official organ of Toombs County, on the following dates: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ L. L. Phillips Representative, 120th District

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Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 6, 1979. CITY OF OAKWOODNEW CHARTER. No. 38 (Senate Bill No. 264). AN ACT To create a new charter for the City of Oakwood; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the city; to create a recorder's court and provide for the jurisdiction, practice, procedure, recorder and personnel thereof; to provide for bonds; to provide for the sale of city property; to provide for eminent domain; to provide for the continuation of the present mayor and councilmen; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name. This Act shall constitute the charter of the City of Oakwood. The city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the

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name and style of City of Oakwood, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries. (a) The corporate limits of the City of Oakwood shall be those existing on April 1, 1979. (b) The city council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries. Section 1.3. Powers and construction. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific enumeration or failure to enumerate particular powers shall not be construed as limiting or restricting the powers of the city. Section 1.4. Exercise of powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be executed in accordance with the provisions of this charter ordinances of the city and pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.1. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.2. City council terms and qualification for office. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city for at least one year prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the city.

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Section 2.3. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.4. The mayor; powers and duties. The mayor shall be the chief executive officer of the city and as such shall have the following powers and duties: (a) to preside at all meetings of the city council and be recognized as the official head and spokesman of the city for service of process and ceremonial purposes; (b) to administer and enforce the ordinances, bylaws, resolutions, regulations, rules, orders and acts of the city council; (c) to vote on matters before the city council only in case of a tie, or if his vote is necessary to constitute a sufficient number to transact business; (d) to sign, for and on behalf of the city, all contracts, ordinances, instruments and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (e) to control the law enforcement agency of the city and other special officers appointed by the city council for any purpose; (f) to fulfill such other executive and administrative duties as authorized or directed by the city council. Section 2.5. Mayor pro tem. At the organization meeting the city council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the city council of the mayor's disability or absence. Section 2.6. Acting mayor. In the event of the absence, disability or disqualification of both the mayor and mayor pro tem, the remaining members of the city council shall elect an acting mayor from their number, to preside and who shall have all the powers of the mayor during the absence, disability or disqualification of the mayor and mayor pro tem.

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Section 2.7. Salary, compensation and expenses. (a) The mayor shall receive an annual salary of $1,500.00 and each member of the council shall receive an annual salary of $900.00, payable in equal monthly installments out of the funds of said city. (b) The mayor and each member of the council shall be entitled to receive their actual and necessary expenses incurred in the performance of the duties of their office. The mayor shall approve the expenses of council members prior to payment, and a majority of the council shall approve the expenses of the mayor prior to payment. (c) The mayor and council are hereby authorized to fix the salary, compensation and expenses of the mayor and each member of the council in accordance with the provisions of an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as now or hereafter amended. Section 2.8. Organization meeting. The city council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.9. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least twenty-four 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,

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and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. (c) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two 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 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.10. Rules of procedure. The city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.11. Quorum; voting. The mayor, or the mayor pro tem, or the acting mayor, and two 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 two council members shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter.

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Section 2.12. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Oakwood hereby ordains..., and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.9(c). Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each council member before the same is adopted and at the same time shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.13. Action requiring an ordinance. In addition to other acts required by general State law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. Section 2.14. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.12(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.15. Section 2.15. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force

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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 Oakwood, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and, for this purpose, may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish or alter all nonelective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of the city.

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(b) In addition to their elective duties, individual council members may be charged with such administrative duties as the city council may prescribe by ordinance or resolution, provided such duties do not conflict with general State law. (c) The mayor and council shall fix the compensation of all appointed officers and directors of departments of the city. Section 3.2. Boards, commissions, authorities . Except as otherwise provided by this charter or general State law, the city council shall create by ordinance such boards, commissions, authorities and other bodies to fulfill any investigative, quasi-judicial or quasi-legislative function the council shall prescribe. The council shall prescribe the composition, period of existence, duties, powers, compensation, structure and all other matters in connection with the operations of such boards, commissions and authorities. ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of recorder's court; name. There shall be a court to be known as the Recorder's Court of the City of Oakwood. Section 4.2. Recorder; court personnel. (a) The mayor and council shall be authorized to appoint a recorder to hold said court, fix his qualifications, term of office and compensation. Vacancies shall be filled for the unexpired term by the mayor and council. (b) The city clerk shall perform the duties of clerk of the recorder's court, and, when required, the city attorney shall serve as prosecutor in said court. The city council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. Section 4.3. Terms; jurisdictions; powers. (a) The recorder's court shall convene at regular intervals as provided by ordinance. (b) The recorder's court shall try and punish for violations of all city ordinances.

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(c) The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or twenty days in jail, or both, in the discretion of the court. (d) The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $300.00 or imprisonment for ninety days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares or other public works for a period not exceeding ninety days. (e) 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. (f) The recorder's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the recorder presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the recorder declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (g) The 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. (h) 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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(i) 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. (j) 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 to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4. Appeals; certiorari. Any person convicted in recorder's court shall have the right to apply for a writ of certiorari to the Superior Court of Hall County in accordance with the provisions of Code Title 19, relating to certiorari, as now or hereafter amended. Section 4.5. Rules for court. With the approval of the city council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, 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. Section 4.6. Appointment of counsel for indigent. The city council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The recorder shall appoint counsel in such cases from among the attorneys-at-law residing in the county and those counties adjoining the county, or from among those attorneys-at-law who have previously consented to serve as appointed counsel in such court.

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ARTICLE V ELECTIONS AND REMOVAL Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.2. Regular elections; time for holding. (a) There shall be held on the first Wednesday in December, 1979, and biennially on the same day in each calendar year of odd number thereafter, an election shall be conducted for the purpose of electing a mayor and two council members. On the first Wednesday in December, 1980, and biennially thereafter on the same day in each calendar year of even-numbered years, an election shall be conducted for the purpose of electing three council members. The mayor and council members elected at such elections shall take office on the first day of January of the calendar year following their election and shall serve for terms of two years and until their successors are duly elected and qualified. (b) For the purpose of electing candidates for council members, other than the mayor, each council position shall be designated by number. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election. Section 5.3. Vacancies. In the event the office of mayor or of any one or more council members becomes vacant for any reason for cause, the same shall be filled until the next regular city election by a person or persons elected by the city council at a regular meeting of said council, and such persons so elected shall serve until their respective successors are elected and qualified. Section 5.4. Removal of officers. The mayor, council members or others provided for in this charter shall be removed from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude;

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(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) knowingly violating any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof which shall include repeated failure to regularly attend council meetings without cause; or (f) failure for any other cause to perform the duties of office as required by this charter or by State law. Section 5.5. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By the vote of two-thirds of the remaining council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 the county. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the superior court of the county as provided by State law. Section 5.6. Other provisions. Except as otherwise provided by this charter, the city council shall prescribe, by ordinance, such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. ARTICLE VI REVENUE AND FINANCE Section 6.1. Property tax. The city council may assess, levy and collect an ad valorem tax on all real and personal property within

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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. Section 6.2. Millage rate, due dates, payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date and in what length of time these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.3. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by the city. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.9. Section 6.4. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.5. License; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations

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who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.9. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.6. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services, or any other services provided within and without the corporate limits of the city to defray the cost to the city for providing such services. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.7. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.8. Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.9. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi fas; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.

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Section 6.10. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue bonds. Revenue bonds may be issued by the city council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.12. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.13. Sale of city property. (a) The city council may sell and convey any real or personal property owned by the city for governmental or other purposes in accordance with the provisions of Code Section 69-318, relating to the sale of municipal property, as now or hereafter amended. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. ARTICLE VII GENERAL PROVISIONS Section 7.1. Eminent domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Code Title 36, relating to eminent domain, as now or hereafter amended, or any other applicable laws presently in effect or enacted in the future.

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Section 7.2. Official bonds. The officers and employees of the city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council shall from time to time require or as may be required by State law. Section 7.3. Prior ordinances. All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.4. Present mayor and council. The mayor and councilmen in office on the effective date of this Act shall continue in office as mayor and council members under this Act until the expiration of their terms of office and the election and qualification of their successors as provided for in this Act. Section 7.5. Severability. If any article, Section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.6. Effective date. The provisions of this Act shall become effective April 1, 1979. Section 7.7. Specific repealer. An Act incorporating the City of Oakwood, approved March 4, 1966 (Ga. Laws 1966, p. 3227), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2739) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3244), is hereby repealed in its entirety. Section 7.8. General 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 1979 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Oakwood, Georgia; to provide for all matters relative thereto; and for other purposes. This 17th day of January, 1979. Howard T. Overby Senator, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Gainesville Tribune which is the official organ of Hall County, on the following Dates: January 17, 24, 31, 1979. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 9, 1979.

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GLYNN COUNTYMAGISTRATE'S COURT ACT AMENDED. No. 41 (Senate Bill No. 215). AN ACT To amend an Act creating the Magistrate's Court of Glynn County, approved April 4, 1963 (Ga. Laws 1963, p. 2969), as amended by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2841), so as to provide for the appointment of a deputy magistrate of the court; to provide for the compensation of the magistrate and deputy magistrate; to define the jurisdiction and duties of the magistrate and deputy magistrate; to provide for the collection of court costs; 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 Magistrate's Court of Glynn County, approved April 4, 1963 (Ga. Laws 1963, p. 2969), as amended by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2841), 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) There shall be a presiding officer who shall be designated magistrate of said court whose term of office shall be for four (4) years and who shall serve until his successor shall have been appointed and qualified. The Governor shall make an appointment in 1964, and in every fourth succeeding year, and the magistrate so appointed shall take office on January 1st next following his appointment. Should a vacancy be caused by the death, resignation or removal of any magistrate, such vacancy shall be filled instanter by appointment by the Governor for the unexpired term. Any magistrate appointed to fill such vacancy for the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure. (b) The Magistrate of Glynn County shall be authorized to appoint a deputy magistrate, who shall serve at the will of the magistrate. The deputy magistrate shall serve as presiding officer in the court in the absence of the magistrate and shall be authorized at all

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times to exercise the jurisdiction of the magistrate and to carry out the duties of the magistrate, subject, however, to supervision by the magistrate. (c) The magistrate shall have the jurisdiction and power set forth in this Act and shall have such additional powers as may be exercised by justices of the peace within the scope of the jurisdiction of the magistrate. The magistrate shall be authorized to assess and collect court costs and fees, including costs for the issuance of warrants, in the same amounts provided by law for justices of the peace and shall pay the same into the treasury of Glynn County. Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The magistrate of the court shall receive a salary not to exceed $12,000.00 per annum, the exact amount of such salary to be fixed by the governing authority of Glynn County. Such salary shall be paid monthly out of the treasury of Glynn County. Section 3. Said Act is further amended by inserting, following Section 4, a new Section 4A to read as follows: Section 4A. The deputy magistrate of said court shall receive a salary of $ 10,000.00 per annum. Such salary shall be paid monthly out of the treasury of Glynn County. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except the provisions of Section 2, which shall become effective on July 1, 1979. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1979 Session of the General Assembly of Georgia a bill to amend an

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Act creating the Magistrate's Court of Glynn County, approved April 4, 1963, (Ga. L. 1963, p. 2969), as amended, to provide for the appointment of a Deputy Magistrate of the Court, to provide for the compensation of the Magistrate and Deputy Magistrate, to define the jurisdiction and duties of the Magistrate and Deputy Magistrate, to provide for the collection of Court costs, to repeal conflicting laws, to provide an effective date, and for other purposes. This 4th day of January, 1979. Lloyd E. Grimes Judge, Magistrates Court of Glynn County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oaths, deposes and says that he is Senator from the 6th 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 6, 13 and 20, 1979. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 9, 1979.

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CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITYMEMBERSHIP. No. 43 (House Bill No. 264). AN ACT To amend an Act creating the City of Dublin and County of Laurens Development Authority, approved March 14, 1963 (Ga. Laws 1963, p. 2206), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3075), so as to change the membership of the Authority; to provide for terms; to provide for reappointments and vacancies; to provide for an oath; to provide for compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City of Dublin and County of Laurens Development Authority, approved March 14, 1963 (Ga. Laws 1963, p. 2206), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3075), is hereby amended by striking in its entirety Section 5 thereof and inserting in lieu thereof a new Section 5, to read as follows: Section 5. (1) The Authority shall consist of seven members as follows: (a) Three members appointed by the Mayor and Council of the City of Dublin. Two members shall be those two members appointed as such by the mayor and council and serving as such on the effective date of this Section. The new third member shall be appointed on May 31, 1979, to fill the position on the board previously designated to be held by a member of the Mayor and Council of the City of Dublin. Such new third member shall hold office until May 31, 1982, and until his successor is appointed and qualified. (b) Three members appointed by the Board of Commissioners of Laurens County. Two members shall be those two members appointed as such by the board of commissioners and serving as such on the effective date of this Section. The new

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third member shall be appointed on May 31, 1979, to fill the position previously designated to be held by a member of the Board of Commissioners of Laurens County. Such new third member shall hold office until May 31, 1982, and until his successor is appointed and qualified. (c) One member appointed by the joint and concurrent action of the Mayor and Council of the City of Dublin and the Board of Commissioners of Laurens County. (2) The term of office of the members of the Authority, except as provided for the initial term of those new members appointed under paragraphs (a) and (b) of subsection (1), shall be five years and until their successors are appointed and qualified. (3) The term of office of any member whose position was previously designated to be held by a member of the Mayor and Council of the City of Dublin and by a member of the Board of Commissioners of Laurens County shall expire on May 31, 1979, and upon the appointment and qualification of a successor under paragraphs (a) and (b) of subsection (1). All other members of said Authority serving on the effective date of this Section shall serve until the expiration of their terms and until their successors are appointed and qualified. (4) All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are otherwise eligible to serve and are reappointed by said political body or bodies designated by this Act to appoint them. Should any member resign or be unable to serve or more beyond the territorial limits of Laurens County as it is now situated or may hereafter be situated, his successor shall be appointed to serve the remaining term by the political body or bodies who originally appointed such member. (5) Prior to taking office, the members shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the City of Dublin and County of Laurens Development Authority, So Help Me God.' (6) The members of the said Authority shall be entitled to no compensation.

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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 Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia, which convenes in January 1979, there will be introduced a Bill to Amend the Act creating the City of Dublin and County of Laurens Development Authority, as set forth in Georgia Laws 1963, page 2206; to add additional members to said Authority and to provide additional powers for the City of Dublin and County of Laurens to provide for the appointment of members; to provide for all matters relative thereto; and for other purposes. This 16th day of December, 1978. J. Roy Rowland, Jr. Representative, District 119 County of Laurens State of Georgia. Personally appeared before me, the undersigned attesting officer authorized to administer oaths in the county and state above, W. H. Champion, who after being duly sworn makes the following statements: That he is the Publisher of the Dublin, Georgia, Courier-Herald, and That the Courier-Herald is the official legal gazette for the Sheriff of Laurens County, and That the attached is a true and accurate copy of a notice of intention for the introduction of local legislation published in the said

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Dublin, Georgia, Courier-Herald, on December 23, 1978, December 30, 1978, and January 6, 1979. This the 10th day of January, 1979. /s/ W. H. Champion, Publisher Dublin, Georgia, Courier-Herald Sworn to and subscribed before me, This the 10 day of January, 1979. /s/ Debra D. Graham Notary Public, Laurens County, Georgia. My Commission Expires October 16, 1981. (Seal). Notice of Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia, which convenes in January 1979, there will be introduced a Bill to Amend the Act creating the City of Dublin and County of Laurens Development Authority, as set forth in Georgia Laws 1963, page 2206; to add additional members to said Authority and to provide additional powers for the City of Dublin and County of Laurens to provide for the appointment of members; to provide for all matters relative thereto; and for other purposes. This 16th day of December 1978. J. Roy Rowland, Jr. Representative, District 119 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

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News which is the official organ of Laurens County, on the following dates: December 20, 1978, December 27, 1978 and January 3, 1979. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 9, 1979. CITY OF ROSWELLCORPORATE LIMITS. No. 44 (House Bill No. 490). AN ACT To amend an Act establishing a new charter for the City of Roswell, approved April 10, 1971 (Ga. Laws 1971, p. 3289), as amended, particularly by Act 614, approved April 17, 1973 (Ga. Laws 1973, p. 3407), and amended by Act 864, approved March 21, 1974 (Ga. Laws 1974, p. 2230), and as amended by City Ordinance dated September 15, 1975, and as amended by City Ordinance dated January 19, 1976, and as amended by City Ordinance dated November 6, 1978, so as to change the corporate boundaries of said city; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Roswell, approved April 10, 1971 (Ga. Laws 1971, p. 3289), as amended, particularly by Act 614, approved April 17, 1973 (Ga. Laws 1973, p. 3407), and amended by Act 864, approved March

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21, 1974 (Ga. Laws 1974, p. 2230), and as amended by City Ordinance dated September 15, 1975, and as amended by City Ordinance dated January 19, 1976, and as amended by City Ordinance dated November 6, 1978, is hereby amended by striking Section 1.02, relating to the corporate boundaries, in its entirety and inserting in lieu thereof a new Section 1.02 to read as follows: Section 1.02: Corporate Boundaries: The corporate limits of the City of Roswell are defined to be: BEGINNING at a point on the South side of the Chattahoochee River if a line is drawn from the Southeast corner where Vickery Creek enters into the Chattahoochee River to the South Bank of the Chattahoochee River and going thence easterly, northeasterly, and southeasterly along the South Bank of the Chattahoochee River, five thousand nine hundred and eighty (5,980) feet, more or less, to the east right-of-way line of Georgia Highway No. 400; thence northeasterly along the east right-of-line of Georgia 400, 150 feet more or less, to a point in the center of the Chattahoochee River; thence south easterly along the center of the Chattahoochee River Five Thousand Seven Hundred Fifty (5,750) feet, more or less, to a point where the Chattahoochee River intersects the south line of Land Lot 572, if said south line were extended to the center of the Chattahoochee River; thence easterly along the south lines of Land Lots 572 and 578, one thousand nine hundred fifty (1,950) feet, more or less, to the southeast corner of Land Lot 578; thence northerly along the west line of Land Lot 619 one thousand three hundred and twenty (1,320) feet to the northwest corner of Land Lot 619; thence easterly along the south line of Land Lot 618, one thousand three hundred twenty (1,320) feet to the southeast corner of Land Lot 618; thence northerly along the west line of Land Lot 627, one thousand three hundred twenty (1,320) feet to the northwest corner of Land Lot 627; thence easterly along the north line of Land Lot 627, one thousand three hundred twenty (1,320) feet to the northeast corner of Land Lot 627; thence southerly along the east line of Land Lot 627 one hundred eighty (180) feet to a point on the north right of way of Eves Road; thence easterly and northerly along the north right of way of Eves Road fifteen hundred and fifty (1,550) feet to the point where the north right of way of Eves Road intersects the west line of Land Lot 676; thence northerly along the west lines of Land Lots 676 and 677, two thousand three hundred (2,300) feet to the northwest corner of Land Lot 677; thence easterly

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along the south line of Land Lot 678 one thousand four hundred (1,400) feet to the southeast corner of Land Lot 678; thence Northerly along the west line of Land Lot 711 one thousand three hundred twenty (1,320) feet to the northwest corner of Land Lot 711; thence easterly along the south line of Land Lot 710 one thousand four hundred forty (1,440) feet to the southeast corner of Land Lot 710; thence northerly along the west line of Land Lot 733, thirteen hundred twenty (1,320) feet to the northwest corner of Land Lot 733; thence easterly along the south line of Land Lot 734, one thousand four hundred twenty (1,420) feet to the southeast corner of Land Lot 734; thence northerly along the west lines of Land Lots 763 and 762, one thousand nine hundred eighty (1,980) feet to the point where the north line of Old Alabama Road intersects the west line of Land Lot 762; thence northwesterly along the north right of way line of Old Alabama Road, thirty (30) feet to a point on the west side of Turner Road; thence northwesterly, northerly, and northeasterly along the west side of Turner Road, four thousand five hundred twenty-one and nine-tenths (4,521.9) feet, more or less to a point; thence north 1 degree 03 minutes west, one thousand and twelve and three-tenths (1,012.3) feet to a point on the north line of Land Lot 738, thence south 88 degrees 15 minutes west along the north lines of Land Lot 738 and 705, one thousand three hundred and twenty-six (1,326) feet to a point; thence north 1 degree 18 minutes west, one thousand three hundred forty-one and two tenths (1,341.2) feet to a point on the North line of Land Lot 704; thence south 87 degrees 56 minutes west along the North line of Land Lot 704, eight hundred eighty-three and five tenths (883.5) feet to a point and the northwest corner of Land Lot 704, thence south 88 degrees 43 minutes west along the north line of Land Lot 685, eight hundred and six (806) feet, more or less, to the north side of Big Creek; thence southwesterly and northwesterly along the north bank of Big Creek; eight thousand (8,000) feet, more or less, to a point in the center of a branch; thence northeasterly, northerly and northwesterly along the center of said branch and the meanderings thereof, two thousand seven hundred (2,700) feet to a point on the north line of Land Lot 541; thence west along the north line of Land Lot 541; one thousand three hundred (1,300) feet to a point on the west side of Warsaw Road; thence north along the west side of Warsaw Road five hundred and fifty (550) feet to a point; thence west six hundred (600) feet to a point; thence north three hundred twenty-five (325) feet to a point on the south side of Old Roswell Road; thence southwesterly along the south side of Old Roswell

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Road six hundred eleven and two tenths (611.2) feet to a point; thence southwesterly along the south side of Old Roswell Road two hundred thirty-five (235) feet to a point on the east line of Land Lot 504; thence North along the east lines of Land Lots 504, 505, 506 and 507 four thousand and one (4,001) feet to a point; thence west twelve hundred forty (1,240) feet to a point on the east side of U. S. Highway 19; thence southwesterly along the east side of U. S. Highway 19 seven hundred forty and one tenth (740.1) feet to a point on the east side of U. S. Highway 19 where the south line of Houze Way would intersect the east side of U. S. Highway 19 if the south line of Houze Way were extended east across U. S. Highway 19; thence west and along the south side of Houze Way twelve hundred forty (1,240) feet to a point on the west side of Houze Road; thence northerly and northwesterly along the west side of Houze Road, one thousand two hundred sixty and five tenths (1,260.5) feet to a point on the south line of Land Lot 471; thence west along the south line of Land Lot 471, one thousand three hundred (1,300) feet to a point; thence north along the west line of Land Lot 471, one thousand three hundred twenty (1,320) feet to a point; thence east along the north line of Land Lot 471, eight hundred (800) feet to a point on the west side of Houze Road; thence southeasterly along the west side of Houze Road eight hundred fifty and three tenths (850.3) feet to a point; thence east eight hundred four (804) feet, more or less, to a point; thence north four hundred three (403) feet to a point; thence east two thousand (2,000) feet to a point on the east side of Elkins Road; thence south four hundred (400) feet, more or less, along the east side of Elkins Road, if said east line of Elkins Road were extended across U. S. Highway No. 19 to a point on the south side of U. S. Highway No. 19; thence northeasterly along the south side of U. S. Highway No. 19, one thousand three hundred (1,300) feet to a point; thence east along the north lines of Land Lots 519 and 546, one thousand four hundred (1,400) feet, more or less, to a point in the center of Foe Killer Creek; thence southerly, easterly, northerly, northwesterly and westerly along the center of Foe Killer Creek and the meanderings thereof, ten thousand two hundred fifteen (10,215) feet, more or less, to a point on the north line of Land Lot 513; thence west along the north lines of Land Lots 513, 477, 476, 439 and 438, four thousand four hundred thirty-two (4,432) feet to a point on the west side of Houze Road; thence northwesterly along the west side of Houze Road, one thousand eight hundred fifty-six (1,856) feet to a point on the south side of Rucker Road; thence west along the south side of Rucker Road one thousand two

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hundred seventy-six and eight tenths (1,276.8) feet to a point on the east side of Crabapple Road; thence southwest along the east side of Crabapple Road five hundred seventy-five (575) feet, more or less, to a point on the east side of Crabapple Road at the intersection of the south side of Hardscrabble Road with the east side of Crabapple Road if said south side of Hardscrabble Road were extended northeasterly across Crabapple Road to the east side thereof; thence southwesterly across Crabapple Road and along the south side of Hardscrabble Road twelve thousand three hundred (12,300) feet, more or less, to a point on the south side of Woodstock Road if the south side of Hardscrabble Road were extended southwesterly across to the south side of Woodstock Road; thence northwesterly, westerly, and southwesterly along the south side of Woodstock Road, seven thousand four hundred (7,400) feet to a point on the west line of Land Lot 36 and the Cobb County line; thence southerly, southeasterly, easterly, southwesterly and westerly along the Cobb County line and along the center of Willeo Creek and the meanderings thereof thirty-three thousand six hundred seventy-five (33,675) feet, more or less, to a point on the north side of Willeo Road; thence north and northeasterly along the north side of Willeo Road, four thousand seventy-three and three tenths (4,073.3) feet, more or less, to an iron pin; thence north 14 degrees 0 minutes west, three hundred fifty (350) feet to an iron pin; thence north 78 degrees 23 minutes east, one hundred forty-nine and six tenths (149.6) feet to an iron pin; thence south 69 degrees 30 minutes east, sixty-three and three tenths (63.3) feet to an iron pin; thence North 41 degrees 57 minutes east, one hundred forty-seven and three tenths (147.3) feet to an iron pin; thence South 87 degrees 28 minutes east, three hundred eighty-one and three tenths (381.3) feet to an iron pin; thence South 00 degrees 16 minutes west five hundred (500) feet to an iron pin on the north side of Willeo Road; thence southeasterly, easterly and northeasterly along the north side of Willeo Road, two thousand five hundred seventeen and nine tenths (2,517.9) feet to a point on the south line of Land Lot 332 at the intersection of the south line of Land Lot 332 with the north side of Azalea Drive, if the north line of Azalea Drive were extended across Willeo Road to the west side of Willeo Road; thence easterly, southeasterly and northeasterly along the north side of Azalea Drive as extended, eight thousand nine hundred sixty-seven (8,967) feet, more or less, to a point on the east side of U. S. Highway No. 19; thence south along the east side of U. S. Highway No. 19, one thousand (1,000) feet, more or less, to a point on the south bank of the Chattahoochee

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River; thence easterly along the south bank of the Chattahoochee River four hundred (400) feet, more or less, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn south from the southeast corner of Vickery Creek across the Chattahoochee River to the south bank thereof and the point of beginning. 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 1979 Session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Roswell, approved April 10, 1971 (Ga. Laws 1971 p. 3289), as amended, so as to change the corporate boundaries of said city; and for other purposes. This 3rd day of January, 1979. John Tye Ferguson Asst. County Atty. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duty authorized to administer oaths, Luther S. Colbert who, on oath, deposes and says that he/she is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 4, 11 and 18, 1979. /s/ Luther S. Colbert Representative, 23rd District

Page 3119

Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 9, 1979. CITY OF ALPHARETTAMAYOR'S COMPENSATION. No. 45 (House Bill No. 712). AN ACT To amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. Laws 1961, p. 2127), as amended, so as to change the compensation of the mayor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. Laws 1961, p. 2127), as amended, is hereby amended by striking subsection (f) of Section (15) of said Act in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: (f) The city council is hereby authorized and empowered to fix and determine the compensation and salary to be received by each employee of said City of Alpharetta. It may determine how and when this compensation shall be fixed at the first regular meeting of the council each calendar year, or as soon thereafter as convenient. When once fixed and determined, the same amount will be paid under the same terms until changed by the city council. Beginning

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March 1, 1979, the salary and compensation of the mayor of said city shall be $500.00 per month payable on the first day of each month. The salary and compensation of each council member shall be $125.00 per month payable on the first day of each month. The salary and compensation of the city recorder shall be $150.00 per month payable on the first day of each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1979 Session of the General Assembly of Georgia a bill to amend the act creating a new charter for the City of Alpharetta, Georgia as provided March 3, 1961 and acts amendatory thereof by fixing and reducing the salary of the Mayor of Alpharetta and for other purposes. This 19th day of January, 1979. Jimmy Phillips, Mayor Spence, Garrett Spence City Attorneys 31 North Main Street P. O. Box 483 Alpharetta, Georgia 30201 (404) 475-4538 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther S. Colbert who, on oath, deposes and says that he/she is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which

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is the official organ of Fulton County, on the following dates: January 23, 1979, January 30, 1979, February 6, 1979. /s/ Luther S. Colbert Representative, 23rd District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 9, 1979. CALHOUN COUNTYSMALL CLAIMS COURT. No. 46 (Senate Bill No. 20). AN ACT To create and establish a Small Claims Court in and for Calhoun 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.

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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 Calhoun 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 Calhoun County shall serve ex officio as the judge of the Small Claims Court of Calhoun 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. 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 Calhoun County, on application of said judge of the Small Claims Court who is unable to act, if such application is meritorious, 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. Provided, however, that after judgment is rendered in any case by a superior court judge, any further action with reference to collection shall be referred back to the Small Claims Court to be handled as provided herein. 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, except in those cases heard by the superior court judge such fees should go into the county treasury.

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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, 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 served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) 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. 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

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cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $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

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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 Calhoun 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

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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 Calhoun County

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Page 3128

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

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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 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.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that I shall introduce a bill in the 1979 Session of the General Assembly to create a Small Claims Court of Calhoun County, Georgia, and to establish the jurisdiction, procedure, fees, appointment or election of the judge, administrative staff and all ancillary matters pertaining thereto. This 4th day of November, 1978. Jimmy Hodge Timmons Senator, 11th District Representative Bob Hanner Representative, 130th District 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 Calhoun County Courier which is the official organ of Calhoun County, on the following dates: December 7, 14 and 21, 1978. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 8th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1979.

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PROGRAM OF LEGAL SERVICES FOR POOR IN CERTAIN COUNTIES (600,000 OR MORE). No. 58 (House Bill No. 628). AN ACT To provide that in all counties in this State having a population of 600,000 or more according to the 1970 United States Decennial Census, or any future such census, the chief judge of the State Court shall designate an agency to develop, operate, and administer volunteer programs to provide legal services to low-income clients involved in civil actions; to provide for a statement of purpose; to provide for the designation of such agency; to provide for the duties of such agency; to provide for an additional fee in certain civil actions in the State Court of such counties; to provide for the collection and disbursement of such fee; to limit the use of the proceeds from such fee to certain purposes; to provide for the refund of unused funds; to provide for definitions; to provide for applicability of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Statement of purpose. The General Assembly finds that counties in this State with large populations have a large number of poor people who cannot afford legal services. The General Assembly finds that without the assistance of an attorney poor people have great difficulty in civil matters in the court systems in such counties and that trained legal assistance for these people is essential for the judicial system to function adequately and fairly. The General Assembly finds that the programs currently in effect to provide legal services in civil matters to poor people do not have the resources to meet the needs of all poor people and, therefore, that it is necessary to encourage and develop additional legal resources through the use of volunteer programs to help meet these needs. Because under the Code of Ethics of the legal profession volunteer legal representation of poor people is a duty of all lawyers, the

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General Assembly finds that it is in the public interest for the General Assembly to enact legislation to provide a means to develop, operate, and administer programs of volunteer legal services for poor people in such counties. Section 2. Creation of a program of volunteer legal services to poor people. In all counties in this State having a population of 600,000 or more according to the 1970 United States Decennial Census, or any future such census, the chief judge of the State Court of the county shall designate a nonprofit agency to develop, operate, and administer programs for the provision by attorneys within the county of volunteer legal services to low-income clients involved in civil matters within the jurisdiction of courts within the county. In designating such agency, the judge shall consult with the presidents of local bar associations within the county and with the directors of agencies within the county providing legal services to low-income clients in civil matters. Section 3. Duties. The agency designated pursuant to Section 2 shall have the following duties in carrying out the provisions of this Act: (a) To develop, operate, and administer volunteer programs among the lawyers within the county to provide legal services on a volunteer basis to low-income clients involved in civil matters within the jurisdiction of courts within the county. (b) To report annually to the State Court on its activities conducted pursuant to this Act. (c) To maintain an appropriate accounting of all funds received for the purposes of this Act and to prepare and submit to the State Court an annual statement accounting for the use of such funds. (d) To refund annually all unused funds as provided in Section 4(d). Section 4. Fees. (a) In all counties in this State having a population of 600,000 or more according to the 1970 United States Decennial Census, or any future such census, there shall be collected by the clerk of the State Court of the county, in addition to any other fees or charges authorized by law, a fee of $1 from the plaintiff or

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other moving party in each civil suit, action, or proceeding for which fees are required to be paid by such party. Such fee shall be charged only once in each case, shall be charged at the time of filing of the first papers in the action, and shall not apply to cases filed in a small claims division of such court. (b) All fees collected pursuant to subsection (a) during each month shall be paid by the clerk or by the county to the agency designated pursuant to Section 2 no later than the last day of the next calendar quarter after the quarter of the month in which collected. (c) Fees collected pursuant to subsection (a) shall be used by the agency designated pursuant to Section 2 only for the public and charitable purposes provided by this Act. (d) In connection with the annual accounting required in Section 3(c), all fees collected pursuant to subsection (a) which have not been disbursed or committed for use in discharging the duties described in Section 3 shall be refunded to the clerk of the State court or to the county, and such fees shall be used as other unrestricted court costs collected by the clerk. Section 5. Applicability. (a) For the purposes of this Act, the term State Court means a court governed by the Act providing for the organization, jurisdiction, venue, practice, and procedure of certain courts below the superior court level, approved March 24, 1970 (Ga. Laws 1970, p. 679), as now or hereafter amended. (b) The provisions of this Act shall apply in all counties in this State which have a State Court and which have a population of 600,000 or more according to the 1970 United States Decennial Census, or any future such census. Section 6. Effective date. This Act shall become effective on the first day of the second month following the month in which it is approved by the Governor or in which it becomes law without his approval; provided, however, the agency designated pursuant to Section 2 of this Act shall not be required to perform the duties provided by Section 3 until thirty days after the receipt of the initial payment under Section 4(b).

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Section 7. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979. TREUTLEN COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 66 (House Bill No. 681). AN ACT To abolish the present mode of compensating the Clerk of the Superior Court of Treutlen County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment, duties, and compensation of clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Clerk of the Superior Court of Treutlen County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2. The clerk of the superior court shall receive an annual salary of $14,000.00, payable in equal monthly installments from the funds of Treutlen County.

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Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. The clerk shall have the authority to appoint one person to provide clerical help for the clerk's office. It shall be within the sole power and authority of the clerk to designate and name the person who shall be employed as such clerical help and to prescribe such person's duties and assignments and to remove or replace such person at will and within his sole discretion. It shall be within the sole discretion of the governing authority of Treutlen County to fix the compensation to be received by such clerical help. Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of the clerical help, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for said office shall be at the sole discretion of the governing authority of Treutlen County. Section 6. This Act shall become effective on January 1, 1981. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 regular session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Treutlen County, the Clerk of Superior Court of Treutlen County, and the Probate Judge of Treutlen County, on an annual salary; to provide that all fees, costs, and other emoluments of said officers shall become the property of said county; to provide for the collection and periodic statements of such fees, costs and emoluments; to provide for the expenses of the personnel of said offices; to provide for compensation of personnel of said officers; and to provide for the effective date; and to repeal conflicting laws, and for other purposes. This 8th day of January, 1979. Board of Commissioners of Treutlen County By: Jim L. Gillis, Jr., Chairman 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 10, 17, 24, 1979. /s/ L. L. Phillips Representative, 120th District

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Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires March 1, 1981. (Seal). Approved March 21, 1979. TREUTLEN COUNTYPROBATE JUDGE PLACED ON SALARY BASIS. No. 67 (House Bill No. 682). AN ACT To abolish the present mode of compensating the Judge of the Probate Court of Treutlen County, known as the fee system supplemented by a salary; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to provide for specific repeal; 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 Treutlen County, known as the fee system supplemented by a salary, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The Judge of the Probate Court shall receive an annual salary of $8,600.00, 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

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for services in any capacity and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the 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 necessary operating expenses of the judge of the probate court's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, 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 Treutlen County. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6 . An Act supplementing the fees of the Judge of the Probate Court of Treutlen County, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3065), and an Act providing for the yearly compensation for the Judge of the Probate Court of Treutlen County, approved April 17, 1973 (Ga. Laws 1973, p. 2940), are hereby repealed in their entirety. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 regular sesseion of the General Assembly of Georgia, a bill to place the Tax Commissioner of Treutlen County, the Clerk of Superior Court of Treutlen County, and the Probate Judge of Treutlen County, on an annual salary; to provide that all fees, costs, and other emoluments of said officers shall become the property of said county; to provide for the collection and periodic statements of such fees, costs and emoluments; to provide for the expenses of the personnel of said officers; to provide for compensation of personnel of said offices; and to provide for the effective date; and to repeal conflicting laws, and for other purposes. This 8th day of January, 1979. Board of Commissioners of Treutlen County By: Jim L. Gillis, Jr., Chairman 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 10, 17, 24, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1979.

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TREUTLEN COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 68 (House Bill No. 683). AN ACT To amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. Laws 1935, p. 807), as amended, particularly by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3115), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 2345), so as to change the salary 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 Treutlen County, approved March 12, 1935 (Ga. Laws 1935, p. 807), as amended, particularly by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3115), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 2345), is hereby amended by striking from the first sentence of Section 8 thereof the following: $100.00 per month payable, and inserting in lieu thereof the following: $2,400 per annum, payable in equal monthly installments, and by striking from the second sentence thereof the following: $50.00 per month payable, and inserting in lieu thereof the following:

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$1,800 per annum, payable in equal monthly installments, so that when so amended, Section 8 shall read as follows: Section 8. The Chairman of said Board of Commissioners shall receive a salary of $2,400 per annum, payable in equal monthly installments from the general funds of Treutlen County. The remaining members of said Board of Commissioners shall each receive a salary of $1,800 per annum, payable in equal monthly installments from the general funds of said county. No member of said Board shall receive any other compensation for expenses or otherwise whatever for any services or expenses incurred within the County of Treutlen. Should it become necessary for any member of said Board to transact business for the county outside the limits of said County of Treutlen, then his or their expenses shall be paid out of the general funds of the county upon approval of said Board of Commissioners. 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 a bill will be introduced in the 1979 session of the General Assembly of the State of Georgia to change the compensation of the members of the Treutlen County Board of Commissioners, and for other purposes. This 8th day of January, 1979. Board of Commissioners of Treutlen County By: Jim L. Gillis, Jr., Chairman

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips, who, on oath, deposes and says that 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 10, 17, 24, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1979. STATE COURT OF TREUTLEN COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 69 (House Bill No. 684). AN ACT To amend an Act establishing the State Court of Treutlen County, approved August 18, 1919 (Ga. Laws 1919, p. 519), as amended, particularly by an Act approved March 14, 1969 (Ga. Laws 1969, p. 2201), an Act approved April 17, 1973 (Ga. Laws 1973, p. 2938), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3883), so as to change the salary of the judge and solicitor of said court, and the method whereby such salary is fixed; 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 establishing the State Court of Treutlen County, approved August 18, 1919 (Ga. Laws 1919, p. 519), as amended, particularly by an Act approved March 14, 1969 (Ga. Laws 1969, p. 2201), an Act approved April 17, 1973 (Ga. Laws 1973, p. 2938), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3883), is hereby amended by striking in its entirety subsection (a) of Section 3 thereof, which reads as follows: (a) The salary of the judge of said court shall be fixed by the Board of Commissioners of Treutlen County at not less than $300 per month and not more than $600 per month, payable in monthly installments from the funds of Treutlen County. The salary of such judge shall be fixed during the month of April 1977, and shall thereafter be fixed annually at the January meeting of the Board of Commissioners of Treutlen County. The salary of the solicitor of said court shall be $2,400 per annum, payable in equal monthly installments from the funds of Treutlen County. The judge and solicitor may succeed themselves in office. No person is disqualified from serving as solicitor of said court because he holds another county office., and inserting in lieu thereof a new subsection (a), to read as follows: (a) The salary of the judge of said court shall be $10,000 per annum, payable in equal monthly installments from the funds of Treutlen County. The salary of the solicitor of said court shall be $6,000 per annum, payable in equal monthly installments from the funds of Treutlen County. The judge and the solicitor may succeed themselves in office. No person is disqualified from serving as solicitor of said court because he holds another county office. 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 1979 regular session of the General Assembly of Georgia, a bill to change the compensation of the Judge of the State Court of Treutlen County, Georgia, and also to change the compensation of the Solicitor of the State Court of Treutlen County, and for other purposes. This 8th day of January, 1979. Board of Commissioners of Treutlen County By: Jim L. Gillis, Jr., Chairman 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 10, 17, 24, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1979.

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TREUTLEN COUNTYSHERIFF'S COMPENSATION, ETC. No. 70 (House Bill No. 685). 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, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2942), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3645), so as to change the compensation of the sheriff; to provide for a secretary and the duties and compensation thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2942), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3645), is hereby amended by striking from subsection (a) of Section 2 the following: $10,900.00, and inserting in lieu thereof the following: $15,000.00, so that when so amended, said subsection shall read as follows: (a) The sheriff shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Treutlen County. Section 2. Said Act is further amended by designating the first paragraph of Section 11 as subsection (a) and inserting immediately thereafter a new subsection (b), to read as follows:

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(b) The sheriff shall have the authority to appoint a secretary to assist in the carrying out of the duties of his office. It shall be within the sole power and authority of the sheriff to designate and name the person who shall be employed as such secretary, and to prescribe such person's duties and assignments, and to remove or replace such person at will and within his sole discretion. It shall be within the sole discretion of the governing authority of Treutlen County to fix the compensation to be received by such secretary., so that when so amended, Section 11 shall read as follows: Section 11. (a) All necessary office expenses, rent, supplies, equipment, utilities and materials, including actual expenses for hotels, meals and travel, when out of the county on county business, shall be furnished by Treutlen County to the sheriff of said county and his deputy; provided, however, that all such expenses shall be subject to such rules and regulations as may be adopted by the fiscal authority of Treutlen County, for the purpose of accounting for, controlling and regulating such expenses. (b) The sheriff shall have the authority to appoint a secretary to assist in the carrying out of the duties of his office. It shall be within the sole power and authority of the sheriff to designate and name the person who shall be employed as such secretary, and to prescribe such person's duties and assignments, and to remove or replace such person at will and within his sole discretion. It shall be within the sole discretion of the governing authority of Treutlen County to fix the compensation to be received by such secretary. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Seciton 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 1979 regular session of the General Assembly of Georgia, a bill to change the compensation for the Sheriff of Treutlen County, and for other purposes. This 8th day of January, 1979. Board of Commissioners of Treutlen County By: Jim L. Gillis, Jr., Chairman 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 10, 17, 24, 1979. /s/ L. L. Phillips Rpresentative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1979.

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TREUTLEN COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 71 (House Bill No. 686). AN ACT To abolish the present mode of compensating the Tax Commissioner of Treutlen County, known as the fee system supplemented by a salary; 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, duties, and compensation of clerical help; to specifically repeal a certain 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. The present mode of compensating the Tax Commissioner of Treutlen County, known as the fee system supplemented by a salary, is hereby abolished and in lieu thereof an annual salary for said officer is prescribed as hereinafter provided. Section 2. The tax commissioner shall receive an annual salary of $14,000.00, payable in equal monthly installments from the funds of Treutlen 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 as compensation for services in his office and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.

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Section 4. The tax commissioner shall have the authority to appoint one person to provide clerical help for the tax commissioner's office. It shall be within the sole power and authority of the tax commissioner to designate and name the person who shall be employed as such clerical help and to prescribe such person's duties and assignments and to remove or replace such person at will and within his sole discretion. It shall be within the sole discretion of the governing authority of Treutlen County to fix the compensation to be received by such clerical help. Section 5. The necessary operating expenses of said office, expressly including the compensation of the clerical help, 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 requirement shall be at the sole discretion of the governing authority of Treutlen County. Section 6. An Act supplementing the fees of the Tax Commissioner of Treutlen County, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2986), is hereby repealed in its entirety. Section 7. The provisions of this Act shall become effective 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 1979 regular session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Treutlen County, the Clerk of Superior

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Court of Treutlen County, and the Probate Judge of Treutlen County, on an annual salary; to provide that all fees, costs, and other emoluments of said officers shall become the property of said county; to provide for the collection and periodic statements of such fees, costs and emoluments; to provide for the expenses of the personnel of said offices; to provide for compensation of personnel of said offices; and to provide for the effective date; and to repeal conflicting laws, and for other purposes. This 8th day of January, 1979. Board of Commissioners of Treutlen County By: Jim L. Gillis, Jr., Chairman 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 10, 17, 24, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1979.

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MONTGOMERY COUNTYMETHOD OF SELECTION OF BOARD OF EDUCATION, REFERENDUM. No. 72 (House Bill No. 687). AN ACT To provide for a referendum election in Montgomery County at which the voters of the Montgomery County School District shall be given several choices relating to the composition and selection of the board of education and relating to the appointment or election of the county school superintendent; to provide for education districts; to provide for qualifications of the members of the board; to provide for the manner of election in certain cases; to provide for filling vacancies; to provide for compensation of members of the board and compensation of the county school superintendent under certain conditions; to provide procedures for holding the referendum election; to provide for the ballot; to provide for clarification; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I Section 1. The Board of Education of Montgomery County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing members of the board, Montgomery County shall be divided into five (5) education districts as follows: Education District No. 1 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1654 (Tarrytown) and Militia District No. 1781 (Kibbee). Education District No. 2 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1567 (Higgston) and Militia District No. 275 (Alston). Education District No. 3 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1343 (Mt. Vernon).

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Education District No. 4 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1757 (Ailey). Education District No. 5 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1810 (Uvalda). Section 2. There shall be one (1) member of the board elected from each education district. Any person qualifying as a candidate shall designate the education district for which he desires to qualify. A person may not offer as a candidate for election to the board from any education district other than from the education district in which he is a legal resident. The members of the board of education shall be elected by the voters of the entire county. Section 3. No person shall be eligible to offer for election to the board or serve thereon unless he is at least twenty-one (21) years of age, has been a resident of the State at least one (1) year and has been a resident of the territory embraced within the education district from which he offers as a candidate for at least six (6) months immediately preceding the date of the election. In the event a member moves his residence from the education district he represents, his place on the board shall immediately become vacant. Section 4. On the effective date of this Article, the members of the board appointed by the Grand Jury of Montgomery County from Militia District No. 275 (Alston), Militia District No. 1781 (Kibbee) and Militia District No. 1343 (Mt. Vernon), or any successors appointed to fill vacancies created by such members, shall serve for a term of office expiring December 31, 1980. At the general election in 1980, the initial members of the board elected from Education Districts No. 1, No. 2 and No. 3 pursuant to Article I shall be elected to take office on January 1, 1981, for terms of four (4) years and until their successors are elected and qualified. On the effective date of this Article, the members of the board appointed by the Grand Jury of Montgomery County from Militia District No. 1810 (Uvalda) and from Militia District No. 1757 (Ailey), or any successors appointed to fill vacancies created by such members, shall serve for a term of office expiring December 31, 1982. At the general election in 1982, the initial members of the board elected from Education Districts No. 4 and No. 5 pursuant to Article I shall be elected

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to take office on January 1, 1983, for terms of four (4) years and until their successors are elected and qualified. Thereafter, successors to all members shall be elected for terms of four (4) years and until their successors are elected and qualified. Successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election. Section 5. At the first meeting of the board in January, 1983, and at the January meeting biennially thereafter, the board shall elect one (1) of its members as chairman to serve for a term of two (2) years and such other officers as the board shall determine. Three (3) members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $50.00 for each meeting actually attended, plus actual and necessary expenses incurred in carrying out their official duties. Section 6. In the event any vacancy occurs on the Board of Education of Montgomery County, the grand jury shall select a successor to serve for the unexpired term or until the next general election, at which time a successor shall be elected to serve for the unexpired term. Such person selected shall be a resident of the education district in which the vacancy occurs. In the event a vacancy occurs in the office of chairman of the board, the remaining members shall elect from among their members a new chairman to serve for the unexpired term. The Board of Education of Montgomery County created by this Article shall be the successor to all the rights, powers, duties and obligations of the old Board of Education of Montgomery County and shall be subject to all constitutional and statutory provisions relating to county boards of education not in conflict with this Act. ARTICLE II Section 1. The Board of Education of Montgomery County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing members of the board, Montgomery County shall be divided into five (5) education districts as follows:

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Education District No. 1 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1654 (Tarrytown) and Militia District No. 1781 (Kibbee). Education District No. 2 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1567 (Higgston) and Militia District No. 275 (Alston). Education District No. 3 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1343 (Mt. Vernon). Education District No. 4 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1757 (Ailey). Education District No. 5 shall be composed of all that territory within Montgomery County embraced within Militia District No. 1810 (Uvalda). Section 2. There shall be one (1) member of the board elected from each education district by the voters of that education district only. Any person qualifying as a candidate shall designate the education district for which he desires to qualify. A person may not offer as a candidate for election to the board from any education district other than from the education district in which he is a legal resident. Section 3 . No person shall be eligible to offer for election to the board or serve thereon unless he is at least twenty-one (21) years of age, has been a resident of the State at least one (1) year and has been a resident of the territory embraced within the education district from which he offers as a candidate for at least six (6) months immediately preceding the date of the election. In the event a member moves his residence from the education district he represents, his place on the board shall immediately become vacant. Section 4 . On the effective date of this Article, the members of the board appointed by the Grand Jury of Montgomery County from Militia District No. 275 (Alston), Militia District No. 1781 (Kibbee) and Militia District No. 1343 (Mt. Vernon), or any successors appointed to fill vacancies created by such members, shall serve

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for a term of office expiring December 31, 1980. At the general election in 1980, the initial members of the board elected from Education Districts No. 1, No. 2 and No. 3 pursuant to Article II shall be elected to take office on January 1, 1981, for terms of four (4) years and until their successors are elected and qualified. On the effective date of this Article, the members of the board appointed by the Grand Jury of Montgomery County from Militia District No. 1810 (Uvalda) and from Militia District No. 1757 (Ailey), or any successors appointed to fill vacancies created by such members, shall serve for a term of office expiring December 31, 1982. At the general election in 1982, the initial members of the board elected from Education Districts No. 4 and No. 5 pursuant to Article II shall be elected to take office on January 1, 1983, for terms of four (4) years and until their successors are elected and qualified. Thereafter, successors to all members shall be elected for terms of four (4) years and until their successors are elected and qualified. Successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election. Section 5 . At the first meeting of the board in January, 1983, and at the January meeting biennially thereafter, the board shall elect one (1) of its members as chairman to serve for a term of two (2) years and such other officers as the board shall determine. Three (3) members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $50.00 for each meeting actually attended, plus actual and necessary expenses incurred in carrying out their official duties. Section 6 . In the event any vacancy occurs on the Board of Education of Montgomery County, the grand jury shall select a successor to serve for the unexpired term or until the next general election, at which time a successor shall be elected to serve for the unexpired term. Such person selected shall be a resident of the education district in which the vacancy occurs. In the event a vacancy occurs in the office of chairman of the board, the remaining members shall elect from among their members a new chairman to serve for the unexpired term. The Board of Education of Montgomery County created by this Article shall be the successor to all the rights, powers, duties and obligations of the old Board of Education of Montgomery County and shall be subject to all constitutional

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and statutory provisions relating to county boards of education not in conflict with this Act. ARTICLE III Section 1. Effective January 1, 1985, the County School Superintendent of Montgomery County shall be appointed by the Board of Education of Montgomery County. No election for the office of Montgomery County School Superintendent shall be held in 1984 or thereafter. The Board of Education of Montgomery County shall fix the compensation to be received by the superintendent and the superintendent shall be subject to all constitutional and statutory provisions relating to county school superintendents not in conflict with this Act. ARTICLE IV Section 1. 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 Montgomery County to issue the call for an election for the purpose of submitting to the electors of the Montgomery County School District, for approval or rejection, the proposals hereafter provided relative to the Board of Education of Montgomery County. The superintendent shall set the date of such election for the first Tuesday of June, 1979. He shall issue the call for such election at least thirty (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 (2) weeks immediately preceding the date thereof in the official organ of Montgomery County. The ballot shall be so prepared that the electors shall have an opportunity to vote for the following proposals: Proposal No. 1 () Question No. 1. Shall the Board of Education of Montgomery County continue to be appointed by the Grand Jury of Montgomery County? () Question No. 2. Shall the Board of Education of Montgomery County be elected by the voters of Montgomery County?

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Vote for One. No voter shall vote for more than one of the above questions. If Question No. 1 receives more votes or an equal number of votes as Question No. 2, the board of education shall continue to be appointed by the grand jury. If Question No. 2 receives more votes, the board of education shall be elected as provided in Proposal No. 2. Proposal No. 2 If the board of education is to be elected: () Question No. 1: Shall each member be a resident of a different education district but elected by the voters of the entire county? () Question No. 2: Shall each member be a resident of a different education district and be elected only by the voters of that education district? Vote for One. No voter shall vote for more than one of the above questions of Proposal No. 2. If Question No. 1 receives more votes or an equal number of votes as Question No. 2, Article I of this Act shall become effective and Article II shall be void and of no force and effect. If Question No. 2 receives more votes, Article II of this Act shall become effective and Article I shall be void and of no force and effect. Notwithstanding any other provisions of this paragraph, if Question No. 1 of Proposal No. 1 receives one-half or more of the votes cast on Proposal No. 1, both Article I and Article II of this Act are void and of no force and effect. Proposal No. 3 If the board of education is to be elected: () Question No. 1. Shall the County School Superintendent of Montgomery County be appointed by the Board of Education of Montgomery County?

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() Question No. 2. Shall the county school superintendent continue to be elected by the voters of Montgomery County? Vote for One. No voter shall vote for more than one of the above questions. If Question No. 1 receives more votes or an equal number of votes as Question No. 2, the county school superintendent shall be appointed pursuant to Article III of this Act. If Question No. 2 receives more votes, the county school superintendent shall continue to be elected as provided by law and Article III shall be void and of no force and effect; provided, however, if Question No. 1 of Proposal No. 1 receives one-half or more of the votes cast on Proposal No. 1, Article III of this Act is void and of no force and effect. The expense of such election shall be borne by Montgomery County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. ARTICLE V Section 1. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill relative to the selection of the Board of Education and Superintendent of Schools of Montgomery County; and for other purposes. This 15 day of December, 1978. L. L. Pete Phillips

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that 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: December 27, 1978, January 3, 1979 and January 10, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1979. ROCKDALE COUNTYCORONER'S SALARY. No. 76 (House Bill No. 659). AN ACT To amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. Laws 1967, p. 2505), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2839), so as to change the salary of the coroner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. Laws 1967, p. 2505), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, 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 coroner shall receive a salary of $224.70 per month from the funds of Rockdale County. In addition to said

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salary, the coroner shall receive an automobile expense allowance of $120.00 per month, payable from the funds of Rockdale County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the Coroner of Rockdale County, approved April 4, 1967 (Ga. Laws 1967, p. 2505,) as amended; and for other purposes. This 4th day of January, 1979. Clarence R. Vaughn Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn who, on oath, deposes and says that he/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 11, 18, 25, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979.

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ROCKDALE COUNTYSHERIFF'S COMPENSATION. No. 77 (House Bill No. 660). AN ACT To amend an Act placing the Sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2039), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2848), 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 Rockdale County upon an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2039), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2848), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The sheriff shall receive a salary of $1,572.90 per month, payable from the funds of Rockdale County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Rockdale County, on an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2039,) as amended; and for other purposes. This 4th day of January, 1979. Clarence R. Vaughn Representative, 57th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn 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 11, 18, 25, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979. ROCKDALE COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 78 (House Bill No. 661). AN ACT To amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2844), so as to change the salary of the clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2844), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The Clerk of the Superior Court of Rockdale County shall receive a salary of $1,572.90 per month, payable from the funds of Rockdale County. Said salary shall be the sole compensation of the Clerk of the Superior Court of Rockdale County, whether he be ex officio clerk of other courts or not, but he shall be reimbursed for all expenses incurred in the official operation of his office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176,) as amended; and for other purposes. This 4th day of January, 1979. Clarence R. Vaughn Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn who, on oath, deposes and says that he/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

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organ of Rockdale County, on the following dates: January 11, 18, 25, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979. ROCKDALE COUNTYPROBATE JUDGE'S SALARY. No. 79 (House Bill No. 662). AN ACT To amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. Laws 1969, p. 2143), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2842), so as to change the salary 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 providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. Laws 1969, p. 2143), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2842), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The judge of the probate court shall receive a salary of $1,572.90 per month, payable from the funds of Rockdale County.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2143,) as amended; and for other purposes. This 4th day of January, 1979. Clarence R. Vaughn Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn who, on oath, deposes and says that he/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 11, 18, 25, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979.

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ROCKDALE COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 80 (House Bill No. 663). AN ACT To amend an Act creating a Board of Commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), as amended by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3855), so as to change the compensation of the chairman and the other members of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), as amended by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3855), is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7, to read as follows: Section 7. Compensation. (a) Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of $3,852.00 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 $20,865.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman or either commissioner shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. (b) The board of commissioners shall be authorized to provide the chairman with a county-owned automobile which the chairman may use in carrying out his official duties, and county funds may be expended for the operation and maintenance of said automobile. The board of commissioners may provide by ordinance or resolution

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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 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 1979 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,); and for other purposes. This 4th day of January, 1979. Clarence R. Vaughn Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn who, on oath, deposes and says that he/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 11, 18, 25, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979.

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ROCKDALE COUNTYTAX COMMISSIONER'S SALARY. No. 81 (House Bill No. 664). 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 March 4, 1977 (Ga. Laws 1977, p. 2837), so as to change the salary 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 Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2837), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4, to read as follows: Section 4. The Tax Commissioner of Rockdale County shall receive a salary of $1,572.90 per month, payable from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy and four full-time deputies to assist him in the discharge of his official duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Tax Commissioner of Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106,) as amended; and for other purposes. This 4th day of January, 1979. Clarence R. Vaughn Representative, 57th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn 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 11, 18, 25, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979. ROCKDALE COUNTYJURISDICTION, ETC. No. 82 (House Bill No. 1006). AN ACT To amend an Act creating the Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907), so as to add jurisdiction over nuisances in said court; to clarify certain terms; 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 Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907), is hereby amended by adding the following sentence to the end of subsection (a) of Section 2: When so provided by county ordinance, this shall include the authority to determine the question of the existence of a nuisance and, if found to exist, to order its abatement, which order may be directed to and executed by the sheriff, his deputy or other appropriate county officials., so that when so amended, subsection (a) shall read as follows: (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. When so provided by county ordinance, this shall include the authority to determine the question of the existence of a nuisance and, if found to exist, to order its abatement, which order may be directed to and executed by the sheriff, his deputy or other appropriate county officials. Section 2. Said Act is further amended by striking Section 29 in its entirety and inserting in lieu thereof a new Section 29 to read as follows: Section 29. General Powers of Court. Said magistrate's court is hereby granted all general powers heretofore or hereafter granted by any general State law, other than a population-based Act, to any police, municipal or magistrate's court in this State. 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907); and for other purposes. This 13th day of February, 1979. Clarence R. Vaughn Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn who, on oath, deposes and says that he/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 15, 22, 1979 and March 1, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979.

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ROCKDALE COUNTYACT ABOLISHING OFFICE OF TREASURER AMENDED. No. 83 (House Bill No. 1007). AN ACT To amend an Act abolishing the office of County Treasurer of Rockdale County, approved August 9, 1915 (Ga. Laws 1915, p. 342), so as to repeal all of said Act with the exception of the provision abolishing said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of County Treasurer of Rockdale County, approved August 9, 1915 (Ga. Laws 1915, p. 342), is hereby amended by repealing the phrase , as hereinafter provided in Section 1 of said Act and also by repealing Sections 2 through 7, inclusive, of said Act. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act abolishing the Office of County Treasurer of Rockdale County, approved August 9, 1915 (Ga. Laws 1915, p. 342,); and for other purposes. This 13th day of February, 1979. Clarence R. Vaughn Representative, 57th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn 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 15, 22, 1979 and March 1, 1979. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1979. STATE COURT OF SUMTER COUNTYTERMS OF COURT, SOLICITOR, ETC. No. 88 (House Bill No. 550). 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 August 6, 1903 (Ga. Laws 1903, p. 114), an Act approved August 14, 1905 (Ga. Laws 1905, p. 170), and an Act approved January 29, 1951 (Ga. Laws 1951, p. 2016), so as to change the residency requirement applicable to the Solicitor; to change the time of commencement of the January term of 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 creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93), as amended, particularly by an Act approved August 6, 1903 (Ga. Laws 1903, p. 114), an Act approved August 14, 1905 (Ga. Laws 1905, p. 170), and an Act approved January 29, 1951 (Ga. Laws 1951, p. 2016), is hereby amended by adding a new Section after Section 6A thereof, to be designated Section 6B, to read as follows: Section 6B. Any provision of Section 6 to the contrary notwithstanding, the residency requirement applicable to the Solicitor shall be that he have resided in Sumter County for not less than one year prior to the time he takes office. Section 2. Said Act is further amended by striking Section 11 thereof in its entirety and substituting in lieu thereof a new Section 11, to read as follows: Section 11. The terms of the court shall be held quarterly, beginning on the third Monday of January, March, June, and September of each year. The day on which an original petition is deposited in the clerk's office shall be known as the return day of that petition and the day on which defensive pleadings shall be filed with respect to a petition shall be known as the appearance day of that case. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 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 time of the January Term of said court from the first Monday to the third Monday in January, and so as to change the length of residency requirement in the qualifications provided for the office of solicitor of said court; and for other purposes.

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This 19th day of January, 1979. Bill Murray Representative, 116th District Hugh Carter Senator, 14th 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 20, 1979, January 26, 1979 and February 2, 1979. /s/ Bill Murray Representative, 116th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 4, 1979. SUMTER COUNTYTREASURER'S COMPENSATION. No. 89 (House Bill No. 549). AN ACT To amend an Act fixing the compensation of the Treasurer of Sumter County, approved August 7, 1917 (Ga. Laws 1917, p. 390),

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as amended, so as to change the compensation of the Treasurer of Sumter County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the Treasurer of Sumter County, approved August 7, 1917 (Ga. Laws 1917, p. 390), as amended, is hereby amended by striking from Section 1 the following: $5,400.00, and inserting in lieu thereof the following: $7,900.00, so that when so amended, Section 1 shall read as follows: Section 1. The Treasurer of Sumter County, Georgia, shall receive, as full compensation for his duties in lieu of any and all fees, commissions or emoluments whatsoever, now received by him, a salary of $7,900.00 per annum, payable in equal monthly installments at the end of each calendar month, out of the funds of the 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 1979 session of the General Assembly of Georgia a bill to amend an Act fixing the compensation of the Treasurer of Sumter County, approved August 7, 1917 (Ga. Laws 1917, p. 390), as amended, so as to change the compensation of the treasurer to make the compensation of the Treasurer of Sumter County commensurate with the salaries of treasurers of other counties comparable in size to Sumter County; and for other purposes.

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This 19th day of January, 1979. Bill Murray Representative, 116th District Don Castleberry Representative, 111th District Hugh Carter Senator, 14th 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 19, 1979, January 26, 1979 and February 2, 1979. /s/ Bill Murray Representative, 116th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 4, 1979. ALCOVY SHORES WATER AND SEWERAGE AUTHORITY ACT. No. 90 (House Bill No. 731). AN ACT To create the Alcovy Shores Water and Sewerage Authority; to provide for a short title; to provide for definitions; to authorize the Authority to acquire, construct, add to, extend, improve, equip,

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operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to confer powers and to impose duties on the Authority; to provide for the members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to the use of the utilities and facilities of the Authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Jasper County shall be incurred in the exercise of any of the powers granted by this Act; 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), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended, to provide for the separate enactment of each provision of this Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This may be cited as the Alcovy Shores Water and Sewerage Authority Act.

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Section 2. Alcovy Shores Water and Sewerage Authority. (a) There is hereby created a body corporate and politic to be known as the Alcovy Shores Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority 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, all of whom shall be residents of Jasper County and the Alcovy Shores Community. The three (3) members of the Authority shall be appointed by the governing body of Jasper County. The members of the Authority shall be appointed to serve for a term of four (4) years from the date of such appointment and until their successors shall have been selected and appointed. (c) Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one (1) of its members as chairman and another member as vice chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Two (2) 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 serve without compensation; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

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Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Alcovy Shores Water and Sewerage Authority created in Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within the territorial boundaries of the project area, and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate water system, the acquisition, construction and equipping of sewerage facilities useful and necessary for the gathering of waste matter, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds and lagoons, within the territorial boundaries of the project area and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate sewerage system. Said water facilities and said sewerage facilities, at the discretion of the Authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one (1) year after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing 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.

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(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, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority having no power to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time

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such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State of Georgia for the credit of the general fund of the State of the reasonable value of such land in accordance with the applicable laws of the State of Georgia; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in a county or in any municipality incorporated under the laws of the State of Georgia, the governing authority or body of said county or municipality, is hereby authorized to convey title to such lands to the Authority upon payment for the credit of the general funds of said county or municipality the reasonable value of such lands, such value to be determined by three (3) appraisers to be agreed upon by the governing authority or body of said county or municipality and the Chairman of the Authority; (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired, and any and all persons, firms and corporations, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations, counties and other political subdivisions and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the Authority to such municipal corporations, counties and political subdivisions for a term not exceeding fifty (50) years; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in

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whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereto; (g) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (h) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment

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thereto, interest shall be payable semiannually, principal shall mature at such time or times not exceeding forty (40) years from such date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. 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 issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; Signatures; Seal. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such person as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any 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.

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Section 8. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. Section 12. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 13. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Jasper 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

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

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Section 16. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (a) the interest upon such revenue bonds as such interest shall fall due, (b) the principal of the bonds as the same shall fall due, (c) any premium upon bonds acquired by redemption, payment or otherwise, (d) the necessary charges of the paying agent or agents for paying principal and interest, and (e) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered. Section 17. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or 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

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revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Jasper 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 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 Alcovy Shores Water and Sewerage 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. Monies Received Considered Trust Funds. All monies received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Tort Immunity. The Authority shall have the same immunity and exemption from liability for torts and neglignece as Jasper County; and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Jasper County when in performance of thier public duties or work of the County. Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise, from time to time, rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of a water system, a sewerage system or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made.

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Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26. Powers Declared Supplemental and Additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. This Act does not in any way take from Jasper County or any municipality located therein or any adjoining county the authority to own, operate and maintain a water system, a sewerage system or a combined water and sewerage system, or to issue revenue bonds as is provided by the Revenue Bond Law. Section 27. Liberal Construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and their inhabitants, shall be liberally construed to effect the purposes hereof. Section 28. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 29. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to create the Alcovy Shores Water and Sewerage Authority; to provide for short, title; to provide for definitions and for other purposes.

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The 8th day of January, 1979. Honorable E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Monticello News which is the official organ of Jasper County, on the following dates: January 11, 18, 25, 1979. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 4, 1979. STATE COURT OF COLQUITT COUNTYJUDGE AND SOLICITOR. No. 91 (House Bill No. 771). AN ACT To amend an Act creating the State Court of Colquitt County (formerly known as the City Court of Colquitt County), approved

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August 7, 1931 (Ga. Laws 1931, p. 293), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3081), so as to change the provisions relating to the salary of the Judge of said Court and the Solicitor of said Court; to provide for the practice of law by the Judge and the Solicitor of said Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Colquitt County (formerly known as the City Court of Colquitt County), approved August 7, 1931 (Ga. Laws 1931, p. 293), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3081), is hereby amended by striking from Section 10 the following: The Judge of said State Court shall receive a salary of five thousand seven hundred ($5,700.00) dollars per annum,, and inserting in lieu thereof the following: The Judge of said State Court shall receive a salary of not less than six thousand dollars ($6,000.00) and not more than ten thousand dollars ($10,000.00) per annum, to be set by the County Commissioners. Section 2. Said Act is further amended by striking from Section 14 the following: but all such fees shall be paid into the county Treasury by said Solicitor as collected, and in lieu thereof he shall receive the sum of $400.00 per month., and inserting in lieu thereof the following: but all such fees shall be paid into the county Treasury by said Solicitor as collected, and in lieu thereof he shall receive a salary of not less than six thousand dollars ($6,000.00) and not more than ten thousand dollars ($10,000.00) per annum, to be set by the County Commissioners. Section 3. After the effective date of this Act, the Judge of the State Court of Colquitt County may practice law in any of the

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courts of this State or of the United States, except in the State Court of Colquitt County and except in any appeal from a judgment of said State Court. The Judge may practice law in partnership with other attorneys, provided such other attorneys do not practice law in the State Court of Colquitt County while their partner is a Judge of the State Court. Section 4. After the effective date of this Act, the Solicitor of the State Court of Colquitt County may practice law in any of the courts of this State or of the United States, except in the State Court of Colquitt County and except in any appeal from a judgment of said State Court. The Solicitor may practice law in partnership with other attorneys, provided such other attorneys do not practice law in the State Court of Colquitt County while their partner is a Solicitor of the State Court. 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 application will be made to the 1979 session of the General Assembly of Georgia for the passage of a local bill, captioned, which is as follows: An amendment to an Act entitled An Act to establish the City Court of Colquitt County, in and for the County of Colquitt, approved August 7, 1931 (Ga. L. 1931, p. 293), and Acts amendatory thereof, to provide for a change in the salary of the Judge of the State Court of Colquitt County and the Solicitor of said Court, and for other purposes. This 21st day of December, 1978. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh D. Matthews who, on oath, deposes and says that he/she is Representative from the 145th

Page 3194

District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following dates: December 21, 1978, December 28, 1978, and January 4, 1979. /s/ Hugh D. Matthews Representative, 145th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 4, 1979. SUMTER COUNTYSMALL CLAIMS COURT CREATED. No. 92 (House Bill No. 956). AN ACT To create and establish a Small Claims Court in and for Sumter County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing

Page 3195

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 the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court in and for Sumter 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 civil court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment in addition to the powers herein specifically granted said court. The court shall have no jurisdiction or authority in criminal matters. Section 2 . (a) The judge of the Small Claims Court shall be appointed from among a list of no more than five persons residing in Sumter County who agree to make themselves available for such service. The nominee, or nominees, shall be named by a majority of the members of the Sumter County delegation in the General Assembly, and shall be submitted to the Governor of the State in accordance with the procedure provided in Section 18 hereof. (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 Sumter 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.

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Section 4 . Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized. Section 5 . All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6 . Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (a) A copy of the verified statement of claim, together with a notice that an answer to the claim must be filed with the judge of the Small Claims Court, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (b) The notice that an answer to the claim must be filed with the judge of the court shall specify that the answer may be made in writing or orally to the judge of the court; must specifically deny or admit each claim made in the statement of claim; must give the defendant's reasons for denying any claim; and must be made within thirty days of receipt of the notice or subject the defendant to entry of a default judgment. When any answer is given orally, the judge shall reduce the answer to writing and shall forward a copy of the answer to both the defendant and the plaintiff. A copy of the answer shall be attached to the notice of hearing provided to the plaintiff. (c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.

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(d) When served as provided, the cost of service shall be $8.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to answer within thirty days of service of the statement of claim, when the claim of the plaintiff is for a liquidated amount. A judgment by default may be reopened upon request of the defendant within fifteen days after it is granted upon payment by the defendant of all accrued costs in the action. (f) If an answer is filed in a timely manner, the judge, within five days of receipt of the answer shall notify the defendant and the plaintiff of the calling of a hearing on the claim. The notice of the hearing 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 the notice is given. The notice shall be served on the plaintiff and defendant by registered or certified mail or in the manner provided for the initial service of the statement of claim. If 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 $7.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small

Page 3198

Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (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. If the defendant fails to appear and the plaintiff does appear, the judge shall grant a judgment by default, provided, however, that the defendant shall have the right to proper default as provided in Section 6(e). 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 rendered and the party against whom it is entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have

Page 3199

full discretionary power 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 Sumter 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.

Page 3200

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: A. STATEMENT OF CLAIM Small Claims Court of Sumter County

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B. NOTICE TO DEFENDANT OF HEARING Notice.

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C. NOTICE TO PLAINTIFF OF HEARING Notice.

Page 3203

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Section 18 . On or as soon as practicable after the effective date of this Act, the Governor shall appoint a person qualified as provided in Section 2 hereof, to serve as judge of said court until January 1, 1982, and until his successor is qualified. Thereafter, such judge shall be appointed by the Governor, each such judge to serve a term of two years and until his successor is qualified. Section 19 . Any and all compensation for personnel employed by said court shall be paid entirely from the fees of such court as provided for herein. Section 20 . The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia Laws to the Small Claims Court, without cost to the court or the county. Section 21 . Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than thirty days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 22 . A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, and cost for service shall be the same as provided in subsection (d) of Section 6. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment

Page 3205

which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 23 . The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Section 24 . The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The commission on all judicial sales shall be $25.00. 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 1979 session of the General Assembly of Georgia a bill to create a Small Claims Court for Sumter County, Georgia. This the 19th day of January, 1979. Bill Murray, Representative, 116th District Hugh Carter, Senator, 14th District

Page 3206

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 20, 26, 1979 and February 2, 1979. /s/ Bill Murray Representative, 116th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 4, 1979. HABERSHAM COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 93 (House Bill No. 966). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Habersham County, approved March 13, 1978 (Ga. Laws 1978, p. 3541), so as to provide for transfer cases; to change residency requirements; to change service costs; to change the provisions relative to notice and hearing dates, so as to authorize the judge of said court to issue writs of execution and assess fees

Page 3207

therefor; to provide for certiorari from judgments; to authorize the judge of said court to assess a fee for materials, equipment, and supplies under certain conditions; 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 and establishing a Small Claims Court in and for Habersham County, approved March 13, 1978 (Ga. Laws 1978, p. 3541), is hereby amended by designating the existing text of Section 1 as subsection (a) and by adding a new subsection (b) to read as follows: (b) If a case filed in the Small Claims Court is not within the jurisdiction of the Small Claims Court but is within the jurisdiction of the State Court of Habersham County or the Superior Court of Habersham County, the judge of the Small Claims Court may transfer such case to the State court or superior court. The clerk of the State court or superior court may require such filing fee or advance against costs as is required for new actions filed in such court. The judge of the Small Claims Court may refund to the plaintiff any unexpended funds deposited with the Small Claims Court by plaintiff. Section 2. Said Act is further amended by striking from subsection (a) of Section 2 the following: five years, and inserting in lieu thereof the following: one year, so that said subsection (a) of Section 2 when so amended shall read as follows: (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 one year immediately preceding the date of the election or appointment of such judge, must be at least twenty-five years of age, must have completed two years of college education

Page 3208

and have at least an associate degree, and must be a person of outstanding character and integrity. Section 3. Said Act is further amended by striking from subsection (e) of Section 6 the following: $5.00, and inserting in lieu thereof the following: $7.50, so that said subsection (e) of Section 6 when so amended shall read as follows: (e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 4. Said Act is further amended by striking from subsection (g) of Section 6 the word thirty and inserting in lieu thereof the words forty-five, so that when so amended said subsection (g) of Section 6 shall read as follows: (g) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than forty-five 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 5. Said Act is further amended by designating the existing text of Section 15 as subsection (a), so that when so designated said subsection (a) shall read as follows: (a) 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.,

Page 3209

and by adding a new subsection (b) of Section 15 to read as follows: (b) The judge shall have authority to issue all necessary and proper writs of execution, including fieri facias, and to charge and collect for issuance of each such writ a fee of $2 in addition to the deposit of costs required by Section 8. It shall be the duty of the clerk of the superior court when any such writ is filed with him to enter same on the general execution docket. Section 6. Said Act is further amended by striking in its entirety Section 16 which reads as follows: 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., and inserting in lieu thereof a new Section 16 to read as follows: Section 16. Review of judgments returned in the Small Claims Court may be had by writ of certiorari to the superior court. Section 7. Said Act is further amended by adding at the end of Section 19 the following: In the event that the Board of County Commissioners fails to furnish any of the above items, the judge shall have the authority to assess in each case an administrative fee not to exceed $2.50 in addition to the deposit of costs required by Section 8., so that said Section 19 when so amended shall read as follows: 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. In the event that the Board of County Commissioners fails to furnish any of the above items, the judge shall have the authority to assess in each case an administrative fee to

Page 3210

cover the cost of said items not to exceed $2.50 in addition to the deposit of costs required by Section 8. Section 8. Said Act is further amended by striking from Section 23 the following: $5.00, and inserting in lieu thereof the following: $7.50, so that when so amended Section 23 shall read as follows: Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $7.50, 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 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 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 1979 session of the General Assembly of Georgia, a bill to amend Act 907 (House bill 1825) that created the Small Claims Court in and for Habersham County. This 1st day of February, 1979. Bill Dover Representative, 11th District

Page 3211

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover who, on oath, deposes and says that he/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: February 8, 15, 22, 1979. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 4, 1979. CLINCH COUNTYSHERIFF'S COMPENSATION, DEPUTIES, ETC. No. 94 (House Bill No. 465). AN ACT To amend an Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. Laws 1965, p. 2897), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2896) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3464), so as to change the compensation of the sheriff; to add one additional full-time deputy sheriff; to change the provisions relating to the salaries of the deputy sheriffs and the part-time deputy sheriff; to repeal conflicting laws; and for other purposes.

Page 3212

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. Laws 1965, p. 2897), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2896) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3464), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The sheriff shall receive an annual salary of not less than $12,000.00 and not more than $14,000.00, the exact amount thereof to be fixed and determined by the governing authority of Clinch County. Whenever the governing authority of Clinch County shall raise the annual salary of the sheriff to a figure which shall exceed $13,000.00 per annum, the governing authority shall publish a notice of their intention to do so in the official organ of Clinch County once a week for three weeks prior to such action taking place. The compensation of the sheriff shall be paid in equal monthly installments from the funds of Clinch County. 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 sheriff is hereby authorized to appoint three deputy sheriffs and one part-time deputy sheriff to assist him in the performance of his duties, and such deputy sheriffs and part-time deputy sheriff shall serve at the pleasure of the sheriff. Each of the two deputy sheriffs shall receive a salary of not less than $7,800.00 per annum and not more than $10,800.00 per annum. The deputy sheriffs shall not be eligible to receive the maximum salary specified herein until they have completed the basic course of instruction offered by the Georgia Peace Officer Standards and Training Council. The part-time deputy sheriff shall receive a salary of not less than $1,200.00 per annum and not more than $2,400.00 per annum. The sheriff shall be authorized to fix the salaries of the deputy sheriffs and part-time deputy sheriff within said limits with the approval of the Board of Commissioners of Clinch County, and when so fixed by the sheriff, said salaries shall be paid in equal monthly installments from the funds of Clinch County.

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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. It is the intent of the Clinch County Board of Commissioners to have introduced in the 1979 Session of the General Assembly of Georgia local legislation concerning the change in the salaries of deputies in the Clinch County Sheriff's Department, for the number of deputies and for other purposes. This the 27th day of December, 1978. Tom Crosby, Representative, 150th District Notice of Intention to Introduce Local Legislation. It is the intent of the Clinch County Board of Commissioners to have introduced in the 1979 Session of the General Assembly of Georgia local legislation concerning the change in salaries of the Sheriff's Department of Clinch County, Georgia; to repeal conflicting laws and for other purposes. This the 27th day of December, 1978. Tom Crosby, Representative, 150th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr. who, on oath, deposes and says that he/she is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following dates: December 29, 1978, January 5, 12, 1979. /s/ Tom Crosby, Jr. Representative, 150th District

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Sworn to and subscribed before me, this 29th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 5, 1979. COBB COUNTYSHERIFF'S COMPENSATION, ETC. No. 96 (House Bill No. 839). AN ACT To amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3529), so as to change the provisions relative to the compensation of the Sheriff, the Chief Deputy Sheriff, and the Chief Investigator for Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3529), is hereby amended by striking from Section 2 of said Act the following:

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That salary of the Clerk of the Superior Court and the Sheriff of Cobb County shall be $22,000.00 each, per annum to be paid in equal monthly installments from the funds of Cobb County., and inserting in lieu thereof the following: The salary of the clerk of the superior court shall be $22,000.00 per annum to be paid in equal monthly installments from the funds of Cobb County. The salary of the Sheriff of Cobb County shall be $23,900.00 per annum until March 31, 1980, and shall be $25,800.00 per annum effective April 1, 1980, and thereafter, to be paid in equal monthly installments from the funds of Cobb County., so that when so amended Section 2 shall read as follows: Section 2. The salary of the clerk of the superior court shall be $22,000.00 per annum to be paid in equal monthly installments from the funds of Cobb County. The salary of the Sheriff of Cobb County shall be $23,900.00 per annum until March 31, 1980, and shall be $25,800.00 per annum effective April 1, 1980, and thereafter, to be paid in equal monthly installments from the funds of Cobb County. The salary of the Judge of the Probate Court of Cobb County shall be $25,000.00 to be paid in equal monthly installments from the funds of Cobb County. 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. (a) That the Sheriff of Cobb County shall have one chief deputy whose salary shall be $20,250.00 per annum until March 31, 1980, and shall be $22,000.00 per annum effective April 1, 1980, and thereafter, to be paid in equal monthly installments from the funds in the county treasury. Said chief deputy shall offer for said office and be elected to same at the time as the said sheriff offers for office and is elected. That in the event the office of sheriff becomes vacant by death, resignation or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the Sheriff of Cobb County. That in addition to the said chief deputy

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the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County provided, however, that said salaries shall not be less than $4,560.00 per annum per each additional deputy approved by the said governing authority of Cobb County. In addition to the said chief deputy and other deputies above provided for, the Sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (b) In addition to those employees provided for by subsection (a) of this Section, 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 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 of the chief investigator shall be $19,500.00 per annum to be paid in equal monthly installments from the funds of Cobb County. Section 3. This Act shall become effective on April 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 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

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February 19, 1949 (Ga. L. 1949, p. 427) as heretofore amended and for other purposes. This 5th day of January, 1979. Roy E. Barnes Hasken Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, deposes and says that he/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 5, 12, 19, 1979. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 5, 1979.

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STATE COURT OF COBB COUNTYMARSHAL'S COSTS. No. 97 (House Bill No. 977). 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 23, 1977 (Ga. Laws 1977, p. 3188), so as to change certain costs in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3188), is hereby amended by striking from Section 20 the following: MARSHAL For levying each fi. fa. where amount involved is $300.00 or less $ 3.00 For levying each fi. fa. where amount involved is over $300.00 $ 3.00 For each search and return of nulla bona $ 3.00 For advertising personal property for sale $ 5.00 For settling fi. fa. from another court $ 5.00 For marshal's bill of sale to personalty $ 6.00 Commission on personal property of the marshal's sale shall be 5% on the first $1,000.00 and 3% on all amounts in excess of

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$1,000.00; the marshal's fee shall be $10.00 for levy on real property; the marshal's fee for a marshal's deed shall be $10.00., and inserting in lieu thereof the following: MARSHAL For levying each fi. fa. where amount involved is $300.00 or less $ 5.00 For levying each fi. fa. where amount involved is over $300.00 $ 10.00 For each search and return of nulla bona $ 5.00 For advertising personal property for sale the actual expense(s) incurred For settling fi. fa. from Cobb County $ 10.00 For settling fi. fa. from other counties $ 10.00 For marshal's bill of sale to personalty $ 10.00 For serving subpoena $ 5.00 For serving copy of process from other counties and returning original (to be paid in advance) $ 10.00 For settling execution from justice's court $ 10.00 Following property out of county with attachment, for every mile going and returning (at a per mile rate of) $.20 For commission on sale of personal property on sum of $1,000.00 or less 7% For commission on sale of personal property on sum in excess of $1,000.00 5% Service of certified copies from other counties $ 11.00 Third party complaint to be served $ 10.00 For certified copy $ 1.00 For levying on Writ of Possession from Cobb County $ 10.00 For levying on Writ of Possession from other counties $ 10.00 For keeping and feeding animals: the actual expense(s) incurred For service of process by an officer of this court out of Cobb County mileage going and returning (at a per mile rate of) $.20.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County,

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formerly the Civil and Criminal Court of Cobb County, approved March 28th, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene Housley who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1979. /s/ Eugene Housley Representative, 21st District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 5, 1979.

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CITY OF GUM BRANCHINCORPORATED. No. 98 (House Bill No. 1023). AN ACT To create the City of Gum Branch; 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 Gum Branch, Georgia, and by that name shall have perpetual succession. BOUNDARIES Section 1.11. Corporate Boundaries. The corporate limits of the City of Gum Branch shall be as follows: All that certain tract or parcel of land situate, lying and being in the 1756 G.M. District of Liberty County, Georgia, containing 0.77 square miles more or less and beginning at a point where Wells Cemetery Road intersects Georgia State Highway 196, said Highway 196 being bounded on the westerly side at said beginning point by lands of Joe Deal, Sr., said beginning point being the center of the right-of-way of Georgia State Highway 196 and running from said beginning point N3900[UNK]W a distance of 735 feet to a point; running

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thence S5100[UNK]W a distance of 150 feet to a point; running thence S4040[UNK]W a distance of 1,685 feet to a point; running thence N7450[UNK]W a distance of 600 feet to a point; running thence N842[UNK]W a distance of 1,485 feet to a point; running thence S8600[UNK]W a distance of 920 feet to a point; running thence N1330[UNK]W a distance of 1,580 feet to a point; running thence N6254[UNK]E a distance of 1,085 feet to a point; running thence N3530[UNK]W a distance of 365 feet to a point; running thence N4718[UNK]E a distance of 155 feet to a point; running thence N3120[UNK]W a distance of 450 feet to a point; running thence N6720[UNK]E a distance of 5,635 feet to a point; running thence S1448[UNK]E a distance of 1,425 feet to a point; running thence S7150[UNK]W a distance of 925 feet to a point; running thence S1548[UNK]W a distance of 1,835 feet to a point; running thence S6610[UNK]W a distance of 1,550 feet to a point; running thence S146[UNK]W a distance of 1,170 feet to a point; running thence S1804[UNK]W a distance of 240 feet to a point; running thence S5030[UNK]W a distance of 180 feet to a point; running running thence S6446[UNK]W a distance of 425 feet to a point of beginning. 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.

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ARTICLE II GOVERNMENT STRUCTURE LEGISLATIVE BRANCH Section 2.10. City Council Creation; Composition; Number; Election . The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. Council Terms and Qualification of Office . The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city immediately prior to the date of the election of mayor or members of the council; each shall continue to reside there during his period of service and shall be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancy; Filling of Vacancies . (a) VacanciesThe office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Filling of VacancyA vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses . The mayor and council members shall receive compensation for their services in an amount set by ordinance. 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.

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Section 2.15. Inquiries and Investigations . The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Council . Except as otherwise provided by this charter, the council shall be vested with all the powers of government of this city as provided by Article I. Section 2.17. Regular and Special Meetings . (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the council may be held on call of the mayor 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 roll-call

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vote. The affirmative vote of three council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.20. Ordinance Forms; Procedure . (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Mayor and Council of the City of Gum Branch 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

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such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.23. Codes of Technical Regulations . The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. Section 2.24. Codification of Ordinances . All ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as The Code of the City of Gum Branch, Georgia. 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;

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(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; (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 Gum Branch. 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 Liberty 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 $300.00 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 May 1979, and on that day semi-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 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

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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 (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

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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. Section 6.11. Millage Rate, Due Rates, Payment Methods. The council, by ordinance, shall establish a millage rate for the city property tax, a due date and in what length of time these taxes must be paid. The council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation and Business Taxes. The council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes.

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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. 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

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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 and short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.21. Contracting Procedures. No contract with the city shall be binding on the city unless: (1) it is in writing; (2) it is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) it is made or authorized by the council and such approval is entered in the council journal of minutes required under Section 2.20. Section 6.22. Sale of City Property. (a) The council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general State law as now or later amended in Section 69-318 of the 1933 Code of Georgia (Ga. 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.

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(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city of deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent Domain. The council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and, for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. 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 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

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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. 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. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1979 session of the General Assembly of Georgia a bill creating the City of Gumbranch; to provide for other matters relating to the City of Gumbranch; and for other purposes. This 22nd day of January, 1979. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/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 25, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 14th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 5, 1979.

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STATE COURT OF GRADY COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 99 (House Bill No. 593). AN ACT To amend an Act establishing the State Court of Grady County (formerly Civil and Criminal Court of Grady County), approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, so as to change the compensation provisions relating to the judge and 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 establishing the State Court of Grady County (formerly Civil and Criminal Court of Grady County), approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, 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(a). The governing authority of Grady County is hereby authorized to fix the salary of the Judge of the State Court of Grady County in an amount not less than $8,600.00 per annum, payable in equal monthly installments from county funds. The judge shall receive an additional amount of not less than $50.00 per month for secretarial and other expenses to be paid from county funds. 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 fees of the Solicitor of the State Court of Grady County shall be the same as the fees allowed district attorneys for similar services in the superior courts. The fee for drawing an accusation shall be the same as that allowed district attorneys for drawing a bill of indictment. All fees to which the solicitor is entitled and which he receives shall be paid into the county treasury by the solicitor and shall become county funds. The governing authority of Grady County is hereby authorized to fix the salary of the Solicitor

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of the State Court of Grady County in an amount not less than $8,400.00 per annum, payable in equal monthly installments from county funds. Said salary shall be in lieu of all fees, commissions, costs or perquisites of whatever kind which would otherwise accrue to him as solicitor of said court. The solicitor shall receive an additional amount of not less than $50.00 per month for secretarial expenses to be paid from county funds. 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 1979 Session of the General Assembly of Georgia a bill to amend an Act creating the City Court of Cairo (now State Court of Grady County) in and for Grady County, approved August 8, 1906, (Georgia Laws 1906, pp. 191-200) as amended; and for other purposes. This 27th day of December, 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/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: December 29, 1978, January 5, 1979 and January 12, 1979. /s/ Bobby Long Representative, 142nd District

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Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Carolyn H. Norris Notary Public. Approved April 11, 1979. GRADY COUNTYCLERK OF SUPERIOR COURT, SALARIES, ETC. No. 100 (House Bill No. 789). AN ACT To amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Grady County on an annual salary in lieu of the fee system of compensation, approved March 30, 1971 (Ga. Laws 1971, p. 2423), as amended, so as to change the minimum compensation of the clerk of the superior court; to provide for additional compensation of the clerk of said court; to provide for minimum salaries and additional minimum compensation for the chief deputy and deputy 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 and the Judge of the Probate Court of Grady County on an annual salary in lieu of the fee system of compensation, approved March 30, 1971 (Ga. Laws 1971, p. 2423), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than $18,000.00 for his services as clerk of

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said court, payable in equal monthly installments out of the funds of Grady County. In addition to the foregoing salary, the clerk of said court shall receive additional compensation of not less than $3,000.00 per annum for his services as Clerk of the State Court of Grady County. The exact salary of the clerk of the superior court shall be fixed by the governing authority of Grady County. Section 2 . Said Act is further amended by adding a new Section 9A immediately following Section 9, to read as follows: Section 9A. Notwithstanding any other provisions of this Act to the contrary, the chief deputy clerk of the superior court shall receive an annual salary of not less than $8,500.00, and the deputy clerk of the superior court shall receive an annual salary of not less than $8,000.00, payable in equal monthly installments out of the funds of Grady County. In addition to the foregoing salaries, the chief deputy clerk of the superior court shall receive additional compensation of not less than $2,400.00 per annum and the deputy clerk of the superior court shall receive additional compensation of not less than $2,100.00 for their services in the State Court of Grady County. The exact salary and additional compensation of the chief deputy clerk and the deputy clerk shall be fixed by the governing authority of Grady County. Such compensation shall be paid in equal monthly installments out of the funds of Grady County. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an act placing certain County Officers of Grady County upon an annual salary, approved March 30, 1971 (Ga. Laws 1971, pp. 2423, 2427), and for other purposes. /s/ Bobby Long Representative, 142nd District

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Georgia, Grady County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths in the County and State cited above, H. H. Wind, Jr., who after being duly sworn makes the following statements: That he is the Publisher of the Cairo Messenger, a newspaper of general circulation in Grady County, Georgia, and the newspaper in which the advertising of the Sheriff of Grady County is published, and, That the attached is a true and accurate copy of an advertisement of intention to introduce local legislation relative to placing certain County Officers of Grady County, Georgia, upon an annual salary, the advertising having been published on December 29, 1978, January 5, 1979, and January 12, 1979. This the 16th day of January, 1979. H. H. Wind, Jr., Publisher, Cairo Messenger Sworn to and subscribed before me, this 16th day of January, 1979. /s/ Joyce S. Wade Notary Public: Grady County, Georgia My Commission Expires Sept. 14, 1982. (Seal). Approved April 11, 1979.

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CITY OF VARNELLCORPORATE LIMITS. No. 101 (House Bill No. 844). 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) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3365), so as to deannex certain property from the corporate limits of said city; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3365), 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

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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 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 Old 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 Old Georgia Highway #2, and an extension thereof, to the south side of the right-of-way of New Georgia Highway #2; and thence southeast along the south line of the right-of-way of said 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 the right-of-way of Old Georgia Highway #2, and thence along the north line of the right-of-way of Old Georgia Highway #2 to its intersection with the present corporate limits of the City of Varnell; thence south across Old Georgia Highway #2 to the point of beginning. Section 2 . This Act shall become effective on June 15, 1979. Section 3 . An Act entitled 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., approved March 13, 1978 (Ga. Laws 1978, p. 3365), is hereby repealed in its entirety.

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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 1979 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; and for other purposes. This 31 day of January, 1979. /s/ Tom Ramsey Honorable 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 organ of Whitfield County, on the following dates: February 2, 9, 16, 1979. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CLAY COUNTYSHERIFF'S BUDGET, ETC. No. 102 (Senate Bill No. 21). AN ACT To amend an Act placing the Sheriff of Clay County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2250), so as to provide that the annual salary of the Sheriff of Clay County shall be fixed by the governing authority of Clay County; to provide that the governing authority of Clay County shall fix the limits of the annual budget of the sheriff's office; to provide the powers and duties of the sheriff in relation to his office and budget; to provide that the expenses of operating the sheriff's office and county jail shall be met from the funds of Clay County; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Clay County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2250), is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2, to read as follows: Section 2. The annual salary of the Sheriff of Clay County shall be fixed and determined by the governing authority of Clay County. Such salary shall not be less than that minimum salary prescribed by general law. Section 2. Said Act is further amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4, to read as follows: Section 4. The sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. Provided, however, that the aggregate sum of all such personnel's compensation shall not exceed a figure to be fixed annually by the governing authority of Clay County within such budgetary limits as the governing authority shall annually determine. It shall be within the sole power and authority of the sheriff, during

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his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. The compensation to be received by each employee of the sheriff's office, other than the sheriff's compensation, shall be fixed and determined by the sheriff within the above budgetary constraints provided for herein. Section 3. Said Act is further amended by adding between Sections 4 and 5 a new Section 4A, to read as follows: Section 4A. The expenses of operating the county jail shall be met from the funds of Clay County, including the method and manner of feeding prisoners confined therein. All expenses connected with the operation of the sheriff's office and the county jail, including out-of-county travel expenses and the purchase, operation and maintenance of motor vehicles, shall be provided for by Clay County. 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 1979 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Clay County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2250), so as to provide that the annual salary and the operating budget of the sheriff shall be fixed by the governing authority of Clay County; and for other purposes. This 8th day of December, 1978. Jimmy Hodge Timmons Senator, 11th District

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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 Cuthbert Times-News Record which is the official organ of Randolph County, on the following dates: December 14, 21 and 28, 1978. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 8th day of January, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979. FULTON COUNTYBOARD OF EDUCATION PENSION SYSTEM ACT AMENDED. No. 103 (Senate Bill No. 111). AN ACT To amend an Act to provide a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, particularly by an Act approved March 5, 1957 (Ga. Laws 1957, p. 2574), so as to change the age for mandatory retirement; to provide for pension benefits for individuals who shall become reemployed after having been awarded a pension; to provide

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a minimum period of creditable service for an individual to be eligible for a pension; to provide that certain persons shall not be required to participate in the pension fund; to preserve rights; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, particularly by an Act approved March 5, 1957 (Ga. Laws 1957, p. 2574), is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 and which shall read as follows: Section 5. Notwithstanding any other provision of this Act, commencing with the fiscal school year of 1978/1979 all persons coming under the provisions of this Act shall retire at the end of the fiscal school year in which such person attains the age of seventy (70) years. No person required to retire because of age shall be entitled to any pension benefits under this Act, other than the refund of contributions, unless he or she shall have at least ten (10) years of creditable service at the end of the fiscal school year in which such person attains the age of 70 years. Section 2. Said Act is further amended by inserting following Section 20 thereof, two new sections to be known as Sections 20A and 20B to read as follows: Section 20A. Notwithstanding any other provision of this Act, no person who shall be sixty-one (61) years of age or older at the time of his or her initial employment by the Fulton County Board of Education shall be required to participate in the pension fund established by this Act if such person shall file a statement with the Fulton County Board of Education and with the pension board renouncing the provisions of this Act. If such a statement is filed, such person shall not participate in the pension fund established hereby and no deductions will be made from the salary or wages of such person. If such a statement is filed such person shall never thereafter be entitled to participate under the provision of this Act.

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Section 20B. In the event that any person who shall have been awarded a pension by the pension board shall become reemployed by the Fulton County Board of Education pension payments to such individual shall be suspended during the course of active employment with the Fulton County Board of Education. Such person shall make no further contributions to the pension fund established by this Act and, upon cessation of active employment with the Fulton County Board of Education, shall be entitled to draw the pension which previously had been awarded to such person. Provided, however, that in the event that such person shall within thirty (30) days of entering upon active employment with the Fulton County Board of Education notify said board of education and the pension board of his or her desire to continue to participate in the pension fund established hereby, and shall refund in a lump sum any and all benefits paid to him or her by the pension fund, such person shall continue to participate in the pension fund, make the contributions required by this Act and become entitled to receive any and all benefits provided for by this Act at the time of cessation of active employment with the Fulton County Board of Education. Section 3. No person who shall be a participant in the fund established by this amendatory Act at the time that it shall become effective shall receive any less benefits under this amendatory Act than he or she would have received prior to its enactment. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. BALDWIN COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 104 (Senate Bill No. 151). AN ACT To amend an Act placing the Clerk of the Superior Court of Baldwin County on an annual salary, approved April 3, 1972 (Ga.

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Laws 1972, p. 3317), so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Baldwin County on an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3317), is hereby amended by striking Section 2, which reads 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. Said officer shall receive an automatic annual salary increase of $500.00 for each year of service in said office after January 1, 1973. However, the maximum annual salary payable to said officer shall in no event exceed $15,000.00., in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The clerk of the superior court shall receive a salary of $18,000.00 per annum, to be paid in equal monthly installments from the funds of Baldwin County. Section 2. This Act shall become effective July 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 at the regular session of the 1979 General Assembly of Georgia, we will introduce the following legislation: A bill or bills to provide for a change in the compensation of the Judge of Probate Court, Sheriff, Clerk of the Superior Court, and Tax

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Commissioner of Baldwin County, Georgia; and for other purposes. Culver Kidd Senator, 25th District B. E. Parham Wilbur Baugh 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 14, 21 and 18, 1978. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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BALDWIN COUNTYSALARY OF JUDGE OF PROBATE COURT. No. 105 (Senate Bill No. 152). AN ACT To amend an Act placing the Judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. Laws 1967, p. 2006), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2788), so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Baldwin County upon an annual salary, approved January 27, 1967 (Ga. Laws 1967, p. 2006), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2788), is hereby amended by striking Section 1 of said Act, which reads as follows: Section 1. After the effective date of this Act, the present method of compensating the Judge of the Probate Court of Baldwin County, known as the fee system, is hereby abolished, and in lieu thereof the judge of the probate court shall receive an annual salary as provided in this Section. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites heretofore allowed as compensation to the judge of the probate court, regardless of in what capacity services were rendered. The judge of the probate court shall receive a base salary of $12,000.00 per annum. In addition to said base salary the judge of the probate court shall also receive a longevity increase of $500.00 per annum for each complete year in office actually served by such judge since July 1, 1971; provided that the total salary of the judge of the probate court shall not exceed $16,500.00 per annum. The additional longevity increase shall be calculated and shall become payable as of the first day of July of each year. The total salary so calculated shall be payable in equal monthly installments from the funds of Baldwin County.,

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in its entirety and inserting in lieu thereof the following: Section 1. After the effective date of this Act, the present method of compensating the Judge of the Probate Court of Baldwin County, known as the fee system, is hereby abolished, and in lieu thereof the judge of the probate court shall receive an annual salary as provided in this Section. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites heretofore allowed as compensation to the judge of the probate court, regardless of in what capacity services were rendered. The judge of the probate court shall receive a salary of $18,000.00 per annum, to be paid in equal monthly installments from the funds of Baldwin County. Section 2. This Act shall become effective July 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 at the regular session of the 1979 General Assembly of Georgia, we will introduce the following legislation: A bill or bills to provide for a change in the compensation of the Judge of Probate Court, Sheriff, Clerk of the Superior Court, and Tax Commissioner of Baldwin County, Georgia; and for other purposes. Culver Kidd Senator, 25th District B. E. Parham Wilbur Baugh 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

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was published in the Union Recorder which is the official organ of Baldwin County, on the following dates: December 14, 21 and 28, 1978. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BALDWIN COUNTYSHERIFF'S SALARY. No. 106 (Senate Bill No. 153). AN ACT To amend an Act placing the Sheriff of Baldwin County on an annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amended, particularly by an Act approved February 13, 1970 (Ga. Laws 1970, p. 2036), so as to change the provisions relating to 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 Baldwin County on an annual salary, approved March 1, 1966 (Ga. Laws 1966, p. 2981), as amended, particularly by an Act approved February 13, 1970 (Ga. Laws 1970, p. 2036), is hereby amended by striking Section 2, which reads as follows:

Page 3256

Section 2. The sheriff shall receive a base salary of $12,000.00 per annum, payable in equal monthly installments from the funds of Baldwin County. This figure shall be increased by the sum of $500.00 per year for each year which the sheriff shall serve in office after the effective date of this amendatory Act, until a maximum of $15,000.00 per annum is reached., in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff shall receive a salary of $18,000.00 per annum, payable in equal monthly installments from the funds of Baldwin County. Section 2 . This Act shall become effective July 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 at the regular session of the 1979 General Assembly of Georgia, we will introduce the following legislation: A bill or bills to provide for a change in the compensation of the Judge of Probate Court, Sheriff, Clerk of the Superior Court, and Tax Commissioner of Baldwin County, Georgia; and for other purposes. Culver Kidd Senator, 25th District B. E. Parham Wilbur Baugh 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

Page 3257

Baldwin County, on the following dates: December 14, 21 and 28, 1978. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. WILKINSON COUNTYSMALL CLAIMS COURT, COSTS. No. 107 (Senate Bill No. 154). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Wilkinson County, approved March 21, 1970 (Ga. Laws 1970, p. 3008), so as to change the provisions relating to cost; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a Small Claims Court in and for Wilkinson County, approved March 21, 1970 (Ga. Laws 1970, p. 3008), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

Page 3258

Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $12.50, 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 $12.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. (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 $12.50 for every such claim case. The same practice and procedure shall apply in cases of affidavits of illegality. All attachment proceedings shall also be tried by the judge and without a jury. Section 2. This Act shall become effective on the first 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 1979 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing a Small Claims Court in and for Wilkinson County, approved March 21, (Ga. Laws 1970, p. 3008); and for other purposes. This 26 day of Dec. 1978. Culver Kidd Senator, 25th District

Page 3259

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: January 11, 1979, January 18, 1979 and January 25, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BALDWIN COUNTYTAX COMMISSIONER'S SALARY. No. 108 (Senate Bill No. 155). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Baldwin County into the Office of Tax Commissioner of Baldwin County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3260

Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Baldwin County into the Office of Tax Commissioner of Baldwin County, approved March 21, 1975 (Ga. Laws 1975, p. 2774), is hereby amended by striking Section 5, which reads as follows: Section 5. The tax commissioner shall receive an annual base salary of $12,000.00, to be paid in equal monthly installments from funds of Baldwin County. Said base salary shall be increased in the amount of $500.00 per annum for each year of service completed as tax commissioner up to a maximum of $15,000.00; provided, however, that the initial tax commissioner elected as herein provided shall be given credit at the rate of $500.00 per year up to the maximum of $15,000.00 for each year of prior service to Baldwin County, Georgia, as an elected, full-time county officer. `County officer' as used in this Section shall include only the offices of tax collector, tax receiver, clerk of superior court, Judge of the Probate Court, sheriff and county commissioners., 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 of $18,000.00, to be paid in equal monthly installments from the funds of Baldwin County. Section 2. This Act shall become effective July 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 at the regular session of the 1979 General Assembly of Georgia, we will introduce the following legislation:

Page 3261

A bill or bills to provide for a change in the compensation of the Judge of Probate Court, Sheriff, Clerk of the Superior Court, and Tax Commissioner of Baldwin County, Georgia; and for other purposes. Culver Kidd Senator, 25th District B. E. Parham Wilbur Baugh 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 14, 21 and 28, 1978. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CITY OF MILLEDGEVILLERECORDER'S RESIDENCE. No. 109 (Senate Bill No. 170). AN ACT To amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p.

Page 3262

345), as amended, so as to repeal the requirement that the recorder be a resident of the City of Milledgeville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, is hereby amended by striking from the first sentence of the Section of the city charter which was originally numbered as Section 48 in an Act approved December 15, 1900 (Ga. Laws 1900, p. 345), which has been renumbered as Section 46 by an Act appearing in Ga. Laws 1902, p. 510, the following: , resident of said city,, and by adding following the first sentence thereof a new sentence to read: The recorder need not be a resident of the city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Milledgeville, approved Dec. 15, 1900 (Ga. Laws 1900, p. 345), as amended; and for other purposes. This sixth day of Jan., 1979. Culver Kidd Senator, 25th District

Page 3263

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 11, 18, 25, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. JASPER COUNTYDEPUTY CORONER. No. 110 (Senate Bill No. 173). AN ACT To authorize the Coroner of Jasper County to appoint a deputy coroner; to provide for the powers, duties, and authority of the deputy coroner; 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 Coroner of Jasper County is hereby authorized to appoint a deputy coroner who shall serve at the pleasure of the

Page 3264

coroner. The deputy coroner shall perform such duties and shall possess such powers and authority as shall be specified by the coroner. 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 1979 session of the General Assembly of Georgia, a bill to provide for a Deputy Coroner for Jasper County and to provide for his qualifications, appointment, powers, duties, and compensation; and for other purposes. This 10th day of January, 1979. Culver Kidd Senator, 15th 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 Monticello News which is the official organ of Jasper County, on the following dates: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3265

WILKINSON COUNTYCOMPENSATION OF DEPUTY SHERIFFS, ETC. No. 112 (Senate Bill No. 180). AN ACT To amend an Act placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2551), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3203), so as to change the provisions relating to the compensation of deputy sheriffs, radio operators, jailers, and secretaries; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2551), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3203), is hereby amended by striking from Section 4 the following: $32,260, and inserting in lieu thereof the following: $50,000, so that when so amended Section 4 shall read as follows: Section 4. The Sheriff of Wilkinson County shall have the sole power and authority to appoint and employ such deputies, radio operators, jailers, and secretaries as he shall deem necessary to carry out the duties of his office. Such deputies, radio operators, jailers, and secretaries shall perform such duties and shall have such powers and authority as may be assigned or delegated to them by the sheriff and shall receive such compensation as may be fixed by the sheriff, but the total compensation for all such deputies, radio operators, jailers, and secretaries shall not exceed $50,000 per annum. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be

Page 3266

employed as such deputies, radio operators, jailers, and secretaries and to remove or replace them at will and within his sole discretion. Section 2 . This Act shall become effective on the first 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 1979 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2551), as amended; and for other purposes. This 14 day of December, 1978. Culver Kidd Senator 25th District Wilbur E. Baugh State Rep. 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 Wilkinson County News which is the official organ of Wilkinson County, on the following dates: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ Culver Kidd Senator, 25th District

Page 3267

Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. WILKINSON COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 113 (Senate Bill No. 181). AN ACT To amend an Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended, particularly by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3237), so as to change the compensation of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended, particularly by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3237), is hereby amended by striking from Section 7 the following: forty ($40.00) dollars, and inserting in lieu thereof the following: one hundred ($100.00) dollars,

Page 3268

so that when so amended Section 7 shall read as follows: Section 7. That said commissioners shall hold monthly meetings at the courthouse in said county on the first Tuesday in each month; that a majority of such commissioners shall be necessary to constitute a quorum of said board, and the concurrence of such majority shall be necessary to pass any order or decree. The members of the Board of Commissioners of Wilkinson County shall receive one hundred ($100.00) dollars per month as compensation for their services. That said commissioners are hereby given the right, when they deem necessary, to employ a clerk of said board, also an attorney for said county. The salary of said clerk and attorney shall be fixed by said board of commissioners. Said clerk and attorney shall hold office at the will of the commissioners. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended; and for other purposes. This 14th day of December, 1978. Culver Kidd Senator 25th District Wilbur E. Baugh State Rep. 108th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes

Page 3269

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 21, 1978, December 28, 1978 and January 4, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. HANCOCK COUNTYSALARY OF SECRETARY OF CLERK OF SUPERIOR COURT. No. 114 (Senate Bill No. 198). AN ACT To amend an Act placing the Sheriff, the Judge of the Probate Court and the Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), as amended, so as to change the compensation provisions relating to the secretary of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3270

Section 1. An Act placing the Sheriff, the Judge of the Probate Court and the Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), as amended, is hereby amended by striking in its entirety the last sentence of Section 4 which reads as follows: The clerk of the superior court is hereby authorized to employ a secretary who shall be compensated in an amount not to exceed $3,600.00 per annum, payable in equal monthly installments on the last business day of each calendar month out of the funds of Hancock County., and inserting in lieu thereof the following: The clerk of the superior court is hereby authorized to employ a secretary who shall receive a salary of not less than $500.00 per month, the exact amount to be determined by the governing authority of the county, said compensation to be paid on the last business day of the calendar month out of the funds of the 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 1979 session of the General Assembly of Georgia a bill to change the compensation of the secretary of the Clerk of the Superior Court of Hancock County; and for other purposes. This 2nd day of January, 1979. /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

Page 3271

was published in The Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: December 28, 1978, January 4, 1979, January 11, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 8th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. HANCOCK COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 115 (Senate Bill No. 199). AN ACT To amend an Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. Laws 1884-85, p. 435), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3292), 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 the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. Laws 1884-85, p. 435), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3292), is hereby amended by striking Section VIII in its entirety and inserting in lieu thereof a new Section VIII to read as follows: Section VIII. The chairman shall receive a salary of $350 per month. The remaining members of the board of county commissioners shall receive a salary of $200 per month. All such compensation shall be paid monthly from the funds of Hancock County.

Page 3272

Section 2. This Act shall become effective on the first 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 1979 session of the General Assembly of Georgia a bill to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. Laws 1884-85, p. 435), as amended; and for other purposes. This 18 day of December, 1978. Culver Kidd Senator, 25th District E. Roy Lambert Representative, 112th 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 The Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 8th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF ST. MARYSCITY COURT. No. 116 (Senate Bill No. 210). AN ACT To amend an Act creating a new charter and municipal government for the City of St. Marys, as amended by an Act approved February 11, 1941 (Ga. Laws 1941, p. 1763), an Act approved January 30, 1946 (Ga. Laws 1946, p. 614), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2440), an Act approved February 8, 1955 (Ga. Laws 1955, p. 2104), an Act approved February 23, 1956 (Ga. Laws 1956, p. 2426), an Act approved February 14, 1962 (Ga. Laws 1962, p. 2104), an Act approved March 14, 1963 (Ga. Laws 1963, p. 2193), an Act approved March 3, 1964 (Ga. Laws 1964, p. 2261), an Act approved March 31, 1965 (Ga. Laws 1965, p. 3019), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2900), an Act approved April 4, 1967 (Ga. Laws 1967, p. 2436), and an Act approved January 24, 1972 (Ga. Laws 1972, p. 3330), so as to provide a City Court; to provide for appointment, qualifications, compensation, and oath for the judges of said court; to provide for absence or disability of said judges; to provide for convening, jurisdiction, and powers of said court; to provide for appeals from said court; to provide for rules and regulations of said court; 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 new charter and municipal government for the City of St. Marys, as amended by an Act approved February 11, 1941 (Ga. Laws 1941, p. 1763), an Act approved January 30, 1946 (Ga. Laws 1946, p. 614), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2440), an Act approved February 8, 1955 (Ga. Laws 1955, p. 2104), an Act approved February 23, 1956 (Ga. Laws 1956, p. 2426), an Act approved February 14, 1962 (Ga. Laws 1962, p. 2104), an Act approved March 14, 1963 (Ga. Laws 1963, p. 2193), an Act approved March 3, 1964 (Ga. Laws 1964, p. 2261), an Act approved March 31, 1965 (Ga. Laws 1965, p. 3019), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2900), an Act approved April 4, 1967 (Ga. Laws 1967, p. 2436), and an Act approved January 24, 1972 (Ga. Laws 1972, p. 3330), is

Page 3274

hereby amended by striking Sections 36, 37, 38, and 39 and inserting in lieu thereof new Sections 36 through 39 to read as follows: Section 36. There shall be a court to be known as the City Court of the City of St. Marys. Section 37. (a) The City 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 City 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 and shall serve at the pleasure of the city council. (c) Compensation for the judges shall be fixed by ordinance. (d) 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. (e) In the event of the absence or disability of the judge of the City Court 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 judge until the return of the judge or the removal of disability or until the vacancy in office has been regularly filled. Section 38. (a) The City Court shall be convened at regular intervals as designated by ordinance or as provided by ordinance, but the court shall convene at least once a month. All sessions of the City Court shall take place in the Council Chambers at City Hall. (b) Jurisdiction and powers shall be as follows: (1) The City Court shall try and punish violations of all city ordinances. (2) 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.

Page 3275

(3) The City Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for ninety (90) days, or both, for each violation or sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding ninety (90) days. (4) The City 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. (5) 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 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 and 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. (6) The City 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. (7) 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. (8) The City Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of

Page 3276

summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general State law. (9) The City Court is specifically vested with all of the jurisdictions 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 authorize the abatement of nuisances and prosecution of traffic violations. Section 39. (a) The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Camden 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; provided, that any person who fails to file an appeal within ten (10) days of the date of conviction shall be deemed to have waived the right. An appeal to the superior court shall be a de novo proceeding. (b) 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 city court. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection. 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 1979 session of the General Assembly of Georgia a bill to amend an Act creating a new charter and municipal government for the City of St. Marys, and for other purposes, approved August 15, 1910 (Ga. Laws 1910, p. 1086), as amended; to repeal conflicting laws, and for other purposes. This third day of January, 1979. /s/ Richard W. Littlefield, Jr. Senator, 6th District. James C. Moore Rep. 152-Post 1 Tommy Smith, Rep. 152-Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Southeast Georgian which is the official organ of Camden County, on the following dates: January 11, 18, 25, 1979. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 8th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3278

ST. MARYS AIRPORT AUTHORITY ACT AMENDED. No. 117 (Senate Bill No. 211). AN ACT To amend an Act to create and establish the St. Marys Airport Authority, approved March 4, 1964 (Ga. Laws 1964, p. 2438), so as to provide that the members of said airport authority shall serve at the pleasure of the Mayor and City Council of the City of St. Marys and may be removed from office with cause; to provide 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 and establish the St. Marys Airport Authority, approved March 4, 1964 (Ga. Laws 1964, p. 2438), is hereby amended by adding to the first sentence of Section 3 immediately following the phrase shall be appointed by, the following: , shall serve at the pleasure of, and may be removed with cause by,, so that said first sentence of Section 3, when so amended, shall read as follows: The Saint Marys Airport Authority shall be composed of five members who shall be appointed by, shall serve at the pleasure of, and may be removed with cause by, the Mayor and City Council of the City of St. Marys, Georgia. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to amend the St. Marys Airport Authority Act, approved March 4, 1964, (Ga. Laws 1964, pp. 2438-2455); and for other purposes. This 15th day of January, 1979. /s/ Alvin J. Dickey Mayor, City of St. Marys Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Southeast Georgian which is the official organ of Camden County, on the following dates: January 8, 1979, January 25, 1979, February 1, 1979. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 9th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF LIBERTY COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 118 (Senate Bill No. 216). AN ACT To amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. Laws 1916, p. 232), as amended, so as to change the compensation of the judge and the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. Laws 1916, p. 232), as amended, is hereby amended by striking from Section 4A the following: seven thousand four hundred dollars ($7,400.00), and inserting in lieu thereof the following: eleven thousand dollars ($11,000.00), so that when so amended, Section 4A shall read as follows: Section 4A. The judge of the State Court of Liberty County shall receive a salary of eleven thousand dollars ($11,000.00) per annum, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The judge of said court shall receive no other compensation for his service. He shall not be permitted to practice law in his own court, but may practice in other courts. Section 2 . Said Act is further amended by striking Section 5A in its entirety and inserting in lieu thereof a new Section 5A to read as follows: Section 5A. The solicitor of the State Court of Liberty County shall be compensated in the amount of eleven thousand dollars

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($11,000.00) per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which he has heretofore received except those provided in Section 6. The solicitor shall not be allowed any additional reimbursement for secretarial help. In the absence or disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem, who shall be paid the amount on a pro rata basis which the solicitor would have received had he been serving. 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. Pursuant to the request of the Commissioners of Liberty County, notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to change the salary of the Solicitor of the State Court of Liberty County; to provide for other matters relating to the Solicitor's office; and for other purposes. This 22 day of January, 1979. /s/ Glenn E. Bryant Senator 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn E. Bryant who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Liberty County Herald which is the official organ of Liberty County, on the following dates: January 25, 1979, February 1, 1979, February 8, 1979. /s/ Glenn E. Bryant Senator, 3rd District

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Sworn to and subscribed before me, this 9th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CAMDEN COUNTYCOMPENSATION OF NAMED COUNTY OFFICERS. No. 119 (Senate Bill No. 226). AN ACT To amend an Act placing certain county officials of Camden County upon an annual salary, approved March 5, 1957 (Ga. Laws 1957, p. 2307), as amended, so as to change the compensation for the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Camden County; to provide for a cost-of-living increase up to certain limits; to provide for starting salaries; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officials of Camden County upon an annual salary, approved March 5, 1957 (Ga. Laws 1957, p. 2307), 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:

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Section 2. The Sheriff of Camden County shall receive, effective July 1, 1979, a base salary of $13,500.00 per annum, to be paid in equal monthly installments from the funds of Camden County. The governing authority of Camden County shall defray the expenses of the sheriff's office including the payment of mileage and providing deputies. The salary herein provided shall be for all services of such sheriff and shall include services for any ex officio office of the sheriff. Provided, however, in addition to the foregoing salary, the sheriff shall receive $200.00 per month in expense allowances. Section 2. Said Act is further amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The Judge of the Probate Court of Camden County shall receive, effective July 1, 1979, a base salary of $13,000.00 per annum, to be paid in equal monthly installments from the funds of Camden County. Section 3. Said Act is further amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The Clerk of the Superior Court of Camden County shall receive, effective July 1, 1979, a base salary of $13,000.00 per annum, to be paid in equal monthly installments from the funds of Camden County. Section 4. Said Act is further amended by adding immediately following Section 6 of said Act a new Section 6a to read as follows: Section 6a. (a) Effective January 1, 1980, and each year thereafter, the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Camden County shall receive a cost-of-living increase. Such cost-of-living increase shall be computed in December and shall be payable in equal monthly installments from county funds beginning in the month of January next following such computation. Any such cost-of-living increase shall be derived by multiplying the salary for the year in which such computation is made by three percent; provided, however, that such cost-of-living increase shall cease upon each county officer attaining a salary of

Page 3284

$20,000.00 per annum, or until such salary is increased by a local Act of the General Assembly. (b) Anyone assuming the position and duties of Sheriff, Judge of the Probate Court, or Clerk of the Superior Court of Camden County shall begin at the respective base salary as provided in Sections 2, 3, and 4 of this Act. Section 5. This Act shall become effective July 1, 1979. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to provide for a salary increase of certain county officers of Camden County; and for other purposes. This 9th day of January, 1979. /s/ Richard W. Littlefield, Jr. Senator, District Six /s/ Tommy Smith Representative, Dist. 152 /s/ James W. Moore Representative, District 152 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Southeast Georgian which is the official organ of Camden County, on the following dates: January 11, 18, 25, 1979. /s/ Bill Littlefield Senator, 6th District

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Sworn to and subscribed before me, this 9th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CAMDEN COUNTYTAX COMMISSIONER'S COMPENSATION, ETC. No. 120 (Senate Bill No. 227). AN ACT To amend an Act creating the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. Laws 1970, p. 3278), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2495), so as to change the compensation of the Tax Commissioner of Camden County; to provide for a cost-of-living increase up to certain limits; to provide for a starting salary; to provide for expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. Laws 1970, p. 3278), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2495), is hereby amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

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Section 3. (a) The Tax Commissioner of Camden County shall receive, effective July 1, 1979, a base salary of $13,000.00 per annum, to be paid in equal monthly installments from the funds of Camden County. (b) Effective January 1, 1980, and each year thereafter, the Tax Commissioner of Camden County shall receive a cost-of-living increase. Such cost-of-living increase shall be computed in December and shall be payable in equal monthly installments from county funds beginning in the month of January next following such computation. Any such cost-of-living increase shall be derived by multiplying the salary for the year in which such computation is made by three percent; provided, however, that such cost-of-living increase shall cease upon the tax commissioner attaining a salary of $20,000.00 per annum, or until such salary is increased by a local Act of the General Assembly. (c) Anyone assuming the position or duties of tax commissioner shall begin at the base salary as provided in subsection (a) of Section 3 of this Act. Section 2. Said Act is further amended by striking Section 5 of said Act in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, including, but not limited to, office equipment, supplies, fixtures, and utility expenses shall be paid by the county from county funds. Section 3. This Act shall become effective July 1, 1979. 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 1979 session of the General Assembly of Georgia, a bill to provide for a salary increase of certain county officers of Camden County; and for other purposes. This 9th day of January, 1979. /s/ Richard W. Littlefield, Jr. Senator, District Six /s/ Tommy Smith Representative, Dist. 152 /s/ James W. Moore Representative, District 152 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Southeast Georgian which is the official organ of Camden County, on the following dates: January 11, 18, 25, 1979. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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THOMAS COUNTY HIGHER EDUCATION AUTHORITY ACT. No. 121 (Senate Bill No. 99). AN ACT To create the Thomas County Higher Education Authority; to provide for a short title; to provide for the general purpose of the Authority; to provide for the membership of the Authority; to provide for certain definitions; to provide for the powers of the Authority; to authorize Thomas County to levy taxes and expend tax monies or other funds available to the County pursuant to agreements or contracts with the Authority; to provide for the issuance of revenue bonds by the Authority; to provide for the payment of revenue bonds; to provide for the remedies of bondholders; to provide for the issuance of refunding bonds; to provide for the validation of bonds; to provide for the continuance of the Authority and its powers and duties while revenue bonds are outstanding; to provide for certain rules and regulations; to provide that the Authority is created for a public purpose and will perform governmental functions; to provide for annual audits of the financial affairs of the Authority; to provide procedures, requirements and other matters relative to the foregoing; to provide conditions for this Act becoming effective and for an effective date in connection therewith; 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 Thomas County Higher Education Authority Act. Section 2. Authority created. There is hereby created a public body corporate and politic to be known as the Thomas County Higher Education 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 corporation 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 be an instrumentality of the State of Georgia and the County of Thomas.

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Section 3. General purpose of the Authority. Without limiting the generality of any of the provisions hereof, the general purpose of the Authority is to provide educational facilities within Thomas County to enable persons attending such facilities to obtain a higher education or other post-secondary education or training beyond the twelfth grade. The Authority is hereby authorized to acquire, construct, improve, extend, equip, staff, maintain and operate any buildings or other facilities useful, desirable or convenient in order to accomplish its corporate purpose. The Authority is further authorized, in addition to any specific powers hereinafter provided, to enter into agreements or otherwise cooperate with any persons, bodies or agencies, both public and private, to foster or otherwise accomplish its corporate purpose. Section 4. Membership; vacancies; officers. (a) The Authority shall consist of seven members as follows: one member shall be the Chairman of the Board of Commissioners of Thomas County, ex officio; one member shall be a member of the governing authority of the largest municipality, by population, located within Thomas County, and such member shall be appointed by the Board of Commissioners of Thomas County to serve for a term concurrent with his term of office as a member of the governing authority of said municipality; the five remaining members shall be residents of Thomas County appointed by the Board of Commissioners of Thomas County. Of said five remaining members, two shall be appointed for initial terms of two years and three shall be appointed for terms of four years. Upon the expiration of their respective terms of office, their successors and future successors shall be appointed for terms of four years and until their successors are appointed and qualified. Successors to the member who is also a member of the governing authority of said largest municipality located within Thomas County shall be appointed by the Board of Commissioners of Thomas County in the same manner as the original appointee, and such successors shall also serve for terms concurrent with their respective terms as members of the governing authority of said largest municipality. All members of the Authority shall be eligible to succeed themselves in office. (b) In the event of a vacancy in the membership of the Authority, the Board of Commissioners of Thomas County shall appoint a qualified person to serve for the unexpired term.

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(c) The Authority shall elect one of its members as chairman and one as vice chairman, and it shall also elect a secretary and treasurer who need not be a member of the Authority. Four 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 serve without compensation but may be reimbursed for actual and necessary expenses incurred by them in carrying out their duties as members of the Authority. The Authority shall adopt rules and regulations for its own government, except as provided herein, and shall have perpetual existence. Section 5. Definitions. As used in this Act, the following words or terms shall have the following meanings: (a) The word Authority means the Thomas County Higher Education Authority created by Section 2 of this Act. (b) The word projects or project shall be deemed to mean and include the acquisition, construction, equipping, extension, improvement, maintenance and operation of any facility to provide higher educational opportunities or opportunities for education beyond the twelfth grade, and any and all other facilities useful, convenient or desirable in connection with such undertakings including, without limitation, the acquisition of the necessary property therefor, both real and personal. (c) The term cost of the project shall embrace the cost of acquisition and construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest on its revenue bonds accruing prior to and during acquisition and construction, and for one year after completion of acquisition and construction, cost of engineering, architectural, fiscal, accounting and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incidental to the acquisition and construction of any project and the placing of the same in operation. (d) The terms revenue bonds, bonds and obligations as used herein mean revenue bonds as defined in the Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, except that it is specifically provided that such

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revenue bonds may be issued for the purpose of financing, in whole or in part, the cost of a project as provided herein. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the anticipated revenues 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, repairing, renewing and replacing 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. Section 6. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To own, manage, staff and control colleges or other higher educational institutions or facilities or institutions and facilities providing post-secondary education or training beyond the twelfth grade; (c) To charge, assess and collect tuition and other fees from students enrolled in or receiving services from any college or other educational facility or institution under the control and management of the Authority; (d) To grant degrees or other certificates or diplomas to students successfully completing educational or training programs prescribed for the educational institutions under the control and management of the Authority; (e) To prescribe curricula and programs for educational institutions under the control and management of the Authority and to prescribe requirements for the granting of degrees, certificates and diplomas; (f) To acquire by gift, purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (g) To acquire by gift or purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easement therein or franchises necessary or convenient for

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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; (h) To appoint, select, employ and compensate such officers, agents and employees as may be necessary or desirable to enable the Authority to carry out its corporate purposes; (i) To enter into contracts and leases, and to execute all instruments necessary or convenient for its corporate purposes, including contracts for the acquisition and construction of projects and contracts with respect to the use of projects which it causes to be acquired or constructed, and to dispose by conveyance of its title in and to real and personal property of every kind and character, subject to the rights and interests of the holders of any bonds or obligations authorized to be issued by this Act and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in this Act; (j) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds and other funds available to the Authority; (k) To accept loans or grants or loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (l) To accept gifts, loans or grants, or any combination thereof, 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; (m) To accept gifts, loans or grants, or any combination thereof, of money or materials or property from any private person, firm or corporation;

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(n) 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; (o) To sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein, not required in the normal operation of and usable in the furtherance of the purposes for which the Authority was created, except as such right and power may be limited as provided by this Act or by any instrument executed in connection with the acquisition of such property; (p) 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 forty years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all or any portion of funds to be received by the Authority from the operation of any institutions and facilities under its control and management; (q) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution or laws of the State of Georgia; (r) To do all things necessary or convenient to carry out the powers expressly granted herein. Section 7. Thomas County. (a) Subject to the limitations hereinafter provided, Thomas County is hereby authorized to levy taxes and to expend tax monies of said County or any other funds available to said County and to obligate said County to make payment thereof to the Authority upon such terms as may be provided by any contract or other agreement entered into by and between the Authority and Thomas County 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 debt service reserve for that purpose and also to enable the Authority to pay the operating costs of any educational institution or facility under the control and management of the Authority.

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(b) The total amount of funds which Thomas County may expend annually for all purposes under this Act shall not exceed an amount equivalent to the amount which would be derived from the levy of an ad valorem tax of three mills on the assessed value of all taxable property located within Thomas County based on the net tax digest of the County for the year during which such expenditures are made. (c) It is specifically provided that any monies expended by Thomas County pursuant to the authority herein granted shall be from the general funds of said County and shall not reduce or otherwise affect ad valorem taxes levied for educational purposes as required by Article VIII, Section VII of the Constitution of 1976. Section 8. Issuance of revenue bonds. The Authority, or any public authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereinafter provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law, as now or hereafter amended. Interest shall be payable semiannually or annually, principal shall mature at such time or times not exceeding forty years from the date or dates of such bonds, shall be payable as to both principal and interest in lawful monies of the United States of America, 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 shall be issued pursuant to and in conformity with the Revenue Bond Law, as now or hereafter amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law. Section 9. Form of bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest

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thereof, which may be at any bank or trust company within or without the State of Georgia. 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 principal and interest. Section 10. Execution of bonds. All such bonds shall be executed by the manual or facsimile signature of the chairman or the vice chairman of the Authority and attested by the manual or facsimile signature of 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 or vice chairman and the secretary and treasurer of the Authority. At least one of the signatures appearing on each bond shall be a manual signature. Any coupon may bear the 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 and shall 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 bond or 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 or she had remained in office until such delivery. Section 11. Negotiable instruments; tax exempt. All revenue bonds issued under the provisions hereof shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the interest payable thereon shall be exempt from all taxation within the State of Georgia. Section 12. Sale of bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purposes provided in the proceedings authorizing the issuance of such bonds. Section 13. Interim receipts. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim

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receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 14. Replacement of lost bonds. The Authority may also provide for the replacement of any bond or any coupon which shall become multilated or be destroyed or lost. Section 15. Other proceedings not necessary. 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 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 meeting of the Authority. Section 16. Bonds not debt of County. Revenue bonds issued hereunder shall not be deemed to constitute a debt of Thomas County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the funds hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this sentence. Section 17. Trust indenture. In the discretion of the Authority, any issue of 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 of Georgia. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale, from time to time, of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of a project, the maintenance,

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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 any such trust indenture may be treated as a part of the cost of maintenance, operation and repair of a project affected by such indenture. Section 18. Payment of proceeds. The Authority shall, in the resolution providing for the issuance of revenue bonds or in such trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolution or trust indenture may provide. Section 19. Sinking fund. The revenues, fees and earnings derived from any project of the Authority or from any educational institution or facility under the control and management of the Authority or from funds of Thomas County made available to the Authority as hereinabove provided 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 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

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the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of: (a) the interest upon such revenue bonds as such interest becomes due; (b) the principal of the bonds as the same becomes due; (c) any premium upon bonds acquired by redemption, payment or otherwise; (d) the necessary charges of the paying agent or agents for paying principal and interest; and (e) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered. Section 20. Remedies of bondholders. Any holder of revenue bonds issued under the provisions hereof 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 hereby 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 21. Refunding bonds. The Authority is authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such 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

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same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable. Section 22. Action brought in Superior Court of Thomas County. 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 Thomas County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 23. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, which has contracted with the Authority for the services and facilities of any project for which bonds are to be issued and sought to be validated and such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the 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. When validated, the bonds 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, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Authority. Section 24. Existence, powers, duties continued. 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 affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.

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Section 25. Trust funds . All monies received pursuant to the provisions 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 and in the resolution providing for the issuance of such bonds or such trust indenture. Section 26. Rules and regulations . It shall be the duty of the Authority to prescribe rules and regulations for the operation, management and control of any project or educational institution or facility belonging to or otherwise operated by the Authority. Section 27. Public purpose . It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder. Section 28. Audits . At the conclusion of each fiscal year of the Authority, the financial affairs of the Authority shall be audited by an independent certified public accounting firm. The governing authority of Thomas County shall select the firm which shall conduct the audit. Section 29. Condition for effectiveness; effective date . This Act shall become effective on January 1, 1981, only if a constitutional amendment authorizing the General Assembly to provide by law for the creation of a public authority for Thomas County in order to provide educational facilities within Thomas County to enable persons attending such facilities to obtain a higher education or other post-secondary education or training beyond the twelfth grade is ratified at the general election of 1980. If such constitutional amendment is not ratified at said general election, this Act shall be null, void and of no force and effect. Section 30. Conflicting laws repealed . 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 1979 session of the General Assembly of Georgia, a bill to create the Thomas County Higher Education Authority; to provide for any matters relative thereto and to authorize Thomas County to expand certain public funds in connection therewith; and for other purposes. This 20 day of December, 1978. /s/ Henry P. Russell, Jr. Senator, 10th District 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, 1978, December 30, 1978 and January 6, 1979. /s/ Henry P. Russell, Jr. Senator, 10th District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF GAINESVILLENEW CHARTER. No. 122 (Senate Bill No. 263). 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 by the City of Gainesville (Ga. Laws 1922, p. 834), as amended, particularly by the following Acts: Ga. Laws 1926, Act 24, p......; Ga. Laws 1929, Act 213, p. 1095; Ga. Laws 1937, Act 451, p. 1908; Ga. Laws 1941, Act 73, p. 1453; Ga. Laws 1943, Act 371, p. 1417; Ga. Laws 1945, Act 75, p. 611; Ga. Laws 1945, Act 169, p. 807; Ga. Laws 1945, Act 197, p. 871; Ga. Laws 1947, Act 93, p. 464; Ga. Laws 1949, Act 94, p. 362; Ga. Laws 1949, Act 182, p. 798; Ga. Laws 1949, Act 198, p. 882; Ga. Laws 1949, Act 198, p. 894; Ga. Laws 1949, Act 380, p. 1668; Ga. Laws 1951, Act 194, p. 2612; Ga. Laws 1951, Act 275, p. 2824; Ga. Laws 1951, Act 475, p. 3305; Ga. Laws 1953, Act 601, p. 2370; Ga. Laws 1955, Act 46, p. 2163; Ga. Laws 1955, Act 185, p. 2587; Ga. Laws 1956, Act 157, p. 2539; Ga. Laws 1956, Act 283, p. 2847; Ga. Laws 1957, Act 362, p. 2983; Ga. Laws 1957, Act 373, p. 3042; Ga. Laws 1958, Act 77, p. 2279; Ga. Laws 1960, Act 493, p. 2150; Ga. Laws 1960, Act 514, p. 2240; Ga. Laws 1960, Act 535, p. 2261; Ga. Laws 1960, Act 752, p. 2766; Ga. Laws 1961, Act 206, p. 2561; Ga. Laws 1961, Act 212, p. 2595; Ga. Laws 1961, Act 408, p. 3088; Ga. Laws 1962, Act 642, p. 2309; Ga. Laws 1965, Act 449, p. 3207; Home Rule Act 69-1; Home Rule Act 69-2; Home Rule Act 69-3; Home Rule Act 69-4; Ga. Laws 1971, Act 224, p. 2554; Home Rule Act 72-1; Home Rule Act 72-2; Home Rule Act 72-2A; Home Rule Act 77-2; Home Rule Act 77-3; Ga. Laws 1978, Act 10553, p. 3813; so as to designate and create a new charter for the City of Gainesville, Georgia; to provide for incorporation and boundaries; to provide for powers; to provide for a commission form of government; to provide for organization and administration; to provide for a Civil Service System; to provide for a retirement system; to provide for financial and fiscal administration; to provide for municipal services and regulatory functions; to provide for elections; to provide for a municipal

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court; to provide for interim and general provisions; 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: CHAPTER 1 Incorporation; Boundaries; Powers Article 1 Incorporation and Boundaries Section 1.10. Incorporation. The City of Gainesville, Georgia, in the County of Hall, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Gainesville, Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued, without waiving sovereign immunity from suit; 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 kind and nature whatsoever. Section 1.11. Boundaries. The corporate boundaries of the city shall be the same as those of the City of Gainesville as provided by law and existing on the effective date of this charter, or as hereafter lawfully changed. The city clerk shall maintain a current map and written legal description indicating the boundaries and wards of the city. Article 2 Powers of the City Section 1.20. Corporate Powers. The government of the City of Gainesville is hereby vested with all powers which municipal corporations are now, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia; with all powers which the City of Gainesville was heretofore authorized

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to exercise on the effective date of this charter under any general or local law, or both, of the General Assembly of Georgia, or under any general or local constitutional provision or amendment, or both, of the State of Georgia. In addition thereto, the government of the City of Gainesville, Georgia, shall exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the government of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if such powers were fully enumerated herein. The powers granted by this Section shall include, but shall not be limited to, all powers granted in the charter of 1873 (Ga. Laws 1873, p. 139), the charter of 1877 (Ga. Laws 1877, p. 163), the charter of 1883 (Ga. Laws 1883, p......), and the charter of 1922 (Ga. Laws 1922, p. 834), all as amended and the enumeration of powers herein are cumulative and not exclusive of all other powers the City may have or which may be implied under this Charter or the Laws of the State of Georgia as now or hereafter enacted. Section 1.21. 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 and shall be construed liberally in favor of the city. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the Commission and as provided by the pertinent laws of the State of Georgia including the Municipal Home Rule Act for the State of Georgia. Section 1.22. Ordinances. All ordinances, bylaws, rules and regulations now in force in the city, not inconsistent with this charter, are hereby declared valid and of force until amended or repealed by the Commission. Section 1.23. Sales or Lease of Property. (a) Except as otherwise provided in this Charter or general State law, the Commission, when disposing of any real or personal property of the city shall make all such sales to the highest responsible bidder either by sealed bids or by auction after due notice has been given. The city shall have the right to reject any and all bids or to cancel any proposed sale. The Commission shall cause notice to be published once in the

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official legal organ of Hall County or in a newspaper of general circulation in the community not less than 15 days nor more than 60 days preceding the day of the auction, or if the sale is by sealed bids, preceding the last day for the receipt of proposals. Such legal notice shall include a general description of the property to be sold if such property is personal property or a legal description of the property to be sold if such property is real property. If such sale is by sealed bids, such notice shall also contain an invitation for proposals, shall state the conditions of the proposed sale, shall state the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If such sale is by auction, such notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date such bids are opened. (b) Notwithstanding the foregoing provisions of this Section, the Commission is authorized to sell any lots from a municipal cemetery or personal property belonging to the city with an estimated value of $500 or less without regard to the foregoing provisions of this Section. Such sales may be made in the open market without advertisement and without the acceptance of bids. The estimation of the value of any personal property to be sold shall be in the sole and absolute discretion of the Commission or their designated agent: Provided, however, nothing herein shall prevent the Commission from trading or swapping property with another property owner, if said trade or swap is deemed to be in the best interest of the municipality. (c) Provided further, however, the foregoing provisions of this Section shall not apply to the disposal of property which is acquired by deed or gift, will or donation and is subject to such conditions as may be specified in the instrument giving or donating the property; or which is received from the United States Government or the State of Georgia pursuant to a program which imposes conditions on the disposal of such property; or which is disposed of pursuant to the powers granted in the Urban Redevelopment Law, or a homesteading

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program; or which is sold or transferred to another governing authority or government agency for public purposes. (d) Provided further, however, no real property of the city shall be sold or any bid accepted for the sale thereof unless the amount offered for such property shall at least equal one-half (1/2) of the last assessed value of said real property for tax purposes; provided, however, that if the Commission shall, with the written concurrence of the city manager, unanimously agree to sell such real property for a lesser amount than one-half of such assessed value, the same may be done. (e) Provided further, the governing authority of the City is hereby authorized to sell real property in established municipal industrial parks or in municipally designated industrial development areas for industrial development purposes. CHAPTER 2 Commission Article 1 Section 2.10. Composition; Election; Terms; Qualifications. 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 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. Section 2.11. Vacancy in Elected Offices. The office of commissioner shall become vacant upon the incumbent's death, resignation, removal from office in any manner authorized by law, or forfeiture of his office, or when he ceases to reside within his respective ward or within the corporate limits of the City of Gainesville. A vacancy in the office of commissioner shall be filled for the remainder of the unexpired term, if any, as provided for in Chapter 6.

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Section 2.12. Compensation. The commissioners shall receive as compensation for their services an amount to be fixed in accordance with State Law. Initially, under this charter, four commissioners shall receive $400.00 per month, and the commissioner serving as mayor shall receive $500.00 per month. Section 2.13. Oath of Office. Before entering upon the discharge of his duties, each commissioner shall take and subscribe before the city clerk or some judicial officer the following oath, which shall be entered on the minutes of the Commission: I do solemnly swear (or affirm) that I will faithfully demean myself as a commissioner of the City of Gainesville during my continuance in office; that I will discharge the duties of the office to the best of my ability, that in the enactment and revision of all legislation I will have due regard for the charter of the City of Gainesville, the Constitution and laws of the State of Georgia, and of the United States of America and I do further swear that I have not, either in the general election or party primary, in which I was a candidate directly or indirectly expressed or implied any promise of support to any person for any office in the government of the City of Gainesville, nor have I influenced my election by the unlawful use of money, or other thing of value, or by the use of intoxicating liquor. I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the city government or on the passage or adoption of any ordinance before the Commission, to be influenced by fear, favor, affection, reward or the hope thereof, but that in all things pertaining to my said office I will be governed by my conviction as to do public good. So help me God. Section 2.14. Unlawful Preelection Promise. No candidate for commissioner shall before his election, or in a party primary election, directly or indirectly promise any person to appoint or vote for such person, or any other person, to any office or employment in the city government. For a violation of this provision, the candidate making such promise and the person to whom the same is made shall forfeit such office or employment and shall upon conviction be punished as prescribed in Section 27-2506 of the Code of Georgia, as now or hereafter amended. Either of the parties to such promise shall be compelled to testify against the other, and the one of said parties first testifying against the other shall himself be immune from prosecution on account of the transaction about which he testifies.

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Section 2.15. Forfeiture of Office. Any commissioner shall forfeit his office if he: (1) lacks at any time during his term of office any qualification for the office as prescribed by this charter or by law; (2) violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. Section 2.16. Judge of Qualifications. The Commission shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their offices and for that purpose shall have the power to subpoena witnesses, administer oaths and require the productions of evidence. A commissioner charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the Commission under this Section shall be subject to the review of the courts. Section 2.17. Inquiries and Investigations. The Commission may make inquiries and investigations into the affairs of the city and conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Commission shall be punished as provided by ordinance. Section 2.18. Independent Audit. The Commission shall provide for an independent annual audit of all accounts of the City of Gainesville and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who has no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers and the Commission may, without requiring competitive bids, designate such accountant or firm provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. Section 2.19. General Power and Authority of Commission. (a) Except as otherwise provided by law or this charter, the Commission shall be vested with all the powers of government of the City of Gainesville as granted by Chapter 1, Article 2, of this charter.

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(b) In addition to other powers conferred upon it by law, the Commission shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and general 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, morals, prosperity and well-being of the inhabitants of the City of Gainesville and may enforce such ordinances by imposing penalties for violations thereof. Article 2 Mayor Section 2.20. Powers and Duties. The mayor shall act as chairman at all meetings of the Commission, shall approve the minutes of such meetings, shall act as mayor of the city on all ceremonial occasions and shall have such other authority and duties as hereinafter provided. He shall be ex officio a member of all boards of which the mayor of the city is now ex officio member. Section 2.21. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason, any one of the commissioners chosen by the Commission 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. Article 3 Organization and Procedures Section 2.30. Organizational Meeting. The Commission shall meet for organization at the first regular meeting in January following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected commissioners. Following the induction of members, the Commission by majority vote of all the members thereof shall elect one of their number to be mayor, for a term of two (2) years, and one of their number to be mayor pro tem, for a term of one (1) year. Section 2.31. Regular and Special Meetings. (a) The Commission shall meet at least twice each month in the city hall, unless

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providentially prevented, at such hour as shall be fixed by it at the annual organization meeting. This hour shall not be changed except after public notice stating the hour to which changed. All such meetings shall be public as provided by law and open to all the residents of the city. (b) Special meetings of the Commission shall be held on call of the mayor, or when requested in writing by a majority of the members of the Commission. 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. Section 2.32. Quorum; Voting. A majority of the commissioners shall constitute a quorum. The vote of a majority of the commissioners present shall determine all questions except as otherwise provided by law. Article 4 Ordinance Procedure Section 2.40. Form of Legislation. Every official act of the Commission having the force and effect of law shall be by ordinance; all other actions may take such form as determined by rules or resolutions of the Commission. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. Section 2.41. Publication; Passage. The title of each proposed ordinance, after the ordinance has been read at a meeting of the Commission, shall be published in the official newspaper of the City of Gainesville and shall not come up for passage until ten (10) days after each publication. Section 2.42. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the Commission 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

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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 commissioners 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 seventy (70) days following the date upon which it was adopted, but the ordinance may be reenacted 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 2.43. Codes of Technical Regulations. The Commission may adopt any code of technical regulations by references 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 2.44. Copies of any adopted code of the technical regulations shall be made available by the city clerk for the distribution or for purchase at a reasonable price. Section 2.44. Authentication and Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and maintain in a file kept for the purpose, all ordinances adopted by the Commission. (b) At least every ten years, the Commission shall provide for the preparation of a codification of all general and permanent city ordinances having the force and effect of law. Such codification shall be adopted by the Commission by ordinance and shall be published promptly, together with this charter and any amendments thereto, and such codes of technical regulations and other rules and regulations as the Commission may specify. This compilation shall be known and cited officially as The Code of Ordinances, City of Gainesville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and placed in public libraries for free public reference and made available for purchase by the public at a reasonable price as fixed by the Commission.

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(c) The Commission shall cause each general and permanent ordinance having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be distributed or sold to the public at a reasonable price to be fixed by the Commission. The Commission shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations or other rules and regulations included in the code. CHAPTER 3 Organization and Administration Article 1 General Section 3.10. Departments of City Government. The following now constitute the various departments of the city government and titles of the heads thereof: Police Department , including regulation and management of the city prison, the head of which shall be designated chief of police. Fire Department , including inspection of buildings for fire safety, the head of which shall be designated fire chief. Public Finances , the head of which shall be designated treasurer. Public Records , the head of which shall be designated city clerk, who also shall serve as secretary to the City Commission. Sanitation Department , the head of which shall be designated superintendent. Water and Sewer Department , the head of which shall be designated director of utilities. Engineering, Street and Inspection Departments , including cemetery, city shop and airport, the head of which shall be designated public works director. Community Service Center , the head of which shall be designated director of community service.

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Housing and Relocation , the head of which shall be designated director of housing and relocation. (a) The Commission may by ordinance from time to time on the recommendation of the city manager create, change, alter, abolish and consolidate departments of the city and may define the duties pertaining to each department. (b) The Commission may by ordinance, not contrary to general law, create, change, alter, abolish and consolidate offices, agencies, boards and commissions, and may assign additional functions to any offices, agencies, boards and commissions. Section 3.11. Deputy Department Heads. Except in the case of the municipal court judge and the city attorney, the city manager may appoint a deputy for any department, which deputy shall have all the authority of the head of the department in the absence or disability or disqualification of the head. Section 3.12. Officers Not to Contract With City. No officer of the city shall, during the time for which he was elected or appointed, be capable of contracting with such municipality for the performance of any work which is to be paid for by the city; nor shall any person be capable of having any substantial interest in such contract, either by himself or another, directly or indirectly. Article 2 City Manager Section 3.20. Appointment; Compensation. The Commission shall appoint for an indefinite term an officer whose title shall be city manager and who shall be the head of the administrative branch of the city government. The Commission is hereby empowered to be the sole judge of the qualifications of the person appointed city manager, said selection or appointment to rest solely upon the judgment of the majority of the Commission. At the time of his appointment he need not be a resident of the city but shall reside therein during his tenure of office. The city manager shall serve at the pleasure of the Commission and shall receive such salary as the Commission shall fix.

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Section 3.21. Duties and Powers. The manager shall devote all his working time and attention to the affairs of the city. He shall not be interested, directly or indirectly, in any business enterprise in the city, or in any contract with or sale to the city. With the exception of the city attorney, municipal court judge and department heads, the manager shall appoint, suspend and remove all employees of the city. He shall be responsible for the efficiency of each department of the city government. He shall have an office at the city hall. He shall have charge of the purchase of all supplies and materials for the city. The manager shall submit to the Commission for its consideration a budget of proposed expenditures for that year as prescribed in the Budget Ordinance, showing in as much detail as practicable the amounts allotted to each department of the city government and the reason for such estimated expenditures. No part of any amount allocated to any department shall be expended by the manager on account of any other department, except upon consent of the Commission. The manager shall make a full written report to the Commission each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of reports shall be published monthly by the city clerk in the official newspaper. All payments of city funds shall be made by warrants signed by the city treasurer and approved for payment by the manager. All such warrants shall be recorded by the city treasurer and issued to the person or persons in whose favor the warrant is drawn. The manager shall have the right to attend all meetings of the Commission and to discuss with the commissioners all matters coming before the Commission but shall have no vote thereon. Article 3 City Attorney Section 3.30. Appointment; Qualifications; Term; Compensation. The Commission shall appoint a city attorney who shall be an attorney at law licensed to engage in the practice of law in Georgia. The city attorney shall serve at the pleasure of the Commission and shall receive such compensation as they shall determine. Section 3.31. Duties of the City Attorney. The city attorney shall be the head of the department of law and shall have the right to attend all meetings of the Commission. It shall be his duty to

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prosecute and defend suits for and against the city; to serve as legal advisor to the commissioners, city manager and other city officials with respect to the affairs of the city; to draw proposed ordinances when requested to do so; to inspect and pass on the legality and form of all agreements, contracts, franchises, and other instruments with which the city may be concerned; and to perform such other duties as may be required of him by virtue of his position as city attorney. Article 4 Other Officials Section 3.40. City Clerk. The city manager shall appoint a city clerk who shall serve also as secretary to the Commission and clerk of municipal court. He shall have charge and custody of the city seal and records; shall attend all meetings of the Commission; shall keep accurate minutes of all its proceedings; shall keep all oaths taken by, and all bonds of, officers and employees; shall supervise and keep a record of all elections; shall keep a record of all appointments to office; shall receive tax returns and shall maintain city financial records, contracts and account for and protect all city funds and property. Section 3.41. City Treasurer. (a) The city manager shall appoint a city treasurer. With the consent of the Commission, the city clerk may be appointed to serve as city treasurer. Such officer shall collect all taxes, fines, forfeitures, and all other incomes to the city. (b) The treasurer shall keep a record of all receipts and expenditures and he shall keep all warrants and shall at any time make a report to the Commission when requested showing the exact financial status of the city. The Commission shall have the power to make a bank or banks of the city a depository of city funds. Article 5 Civil Service System Section 3.50. Civil Service Board Continued; Composition; Appointment; Term; Oath. The Civil Service Board of the City of Gainesville, composed of five members who are each qualified electors of the City of Gainesville, is hereby continued. While on the

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board such members shall neither hold nor be a candidate for any other public office or position. The members of the Civil Service Board shall be the five members serving at the time this Act becomes effective. The members shall serve until their terms expire. Upon the expiration of such terms the appointment of succeeding members of the Civil Service Board shall be as follows: Member No. 1Appointed by City Commission for a term of two years. Upon expiration of said two-year term the City Commission shall make subsequent appointments for two-year terms. If a vacancy occurs during term City Commission shall fill the vacancy for unexpired portion of term. Member No. 2Appointed by city personnel in the classified service of the city for a term of two years. Upon expiration of said two-year term, city personnel in the classified service shall make subsequent appointments for two-year terms. If a vacancy occurs during the term, city personnel in the classified service shall fill the vacancy for the unexpired portion of the term. Member No. 3Appointed by city personnel in the classified service for a term of two years. Upon the expiration of said two-year term city personnel in the classified service shall make subsequent appointments for two-year terms. If a vacancy occurs during the term, city personnel in the classified service shall fill the vacancy for the unexpired portion of the term. Member No. 4Appointed by City Commission for a term of two years. Upon the expiration of said two-year term the City Commission shall make subsequent appointments for two-year terms. If a vacancy occurs during the term, the City Commission shall fill the vacancy for the unexpired portion of the term. Member No. 5Appointed by four board members, two of whom shall have been appointed by the city personnel in the classified service and two of whom shall have been appointed by the City Commission for a period of two years. Should the four board members fail to appoint the fifth member, or should an appointee fail to qualify within thirty days, then the fifth member shall be appointed by the senior judge of the Superior Court of Hall County, Georgia. Upon the expiration of said two-year term the board or senior judge of the superior court shall make subsequent appointments for two-year

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terms. If a vacancy occurs during the term, the vacancy shall be filled for the unexpired term by the four board members or senior judge of the superior court. Each member of the Civil Service Board before entering upon the duties of the office shall take and subscribe to an oath or affirmation as follows: I do solemnly swear (or affirm) that as a member of the Gainesville Civil Service Board I will, to the best of my ability, carry out the provisions of the Act of the General Assembly creating said board; that in the performance of my duties I will not allow personal, family or political considerations to influence my vote or actions, but will to the best of my ability adopt fair and reasonable rules and regulations governing the employees of the City of Gainesville, and fairly and impartially administer said rules and regulations. So help me God. Section 3.51. Duties of Board Enumerated. The Civil Service Board shall: (a) Hold all meetings at such times as shall be designated by a majority of the board and after reasonable notice to all board members. The Civil Service Board shall appoint a secretary of the board who shall prepare all minutes of meetings which shall be approved by the board. Meetings of the board and hearings before the board shall be public, but the board may go into executive session for the purpose of discussing any matter or issue before it. (b) Elect a chairman for a certain term who shall preside at each meeting or hearing, or in his absence his duties may be performed by a vice-chairman designated at said meeting by the members present. Three members of the board shall constitute a quorum for a meeting or hearing, but the affirmative votes of three members of the board shall be required for official action or decision by the board. (c) Hold public hearings on any appeal de novo filed in writing with the secretary of the board within fifteen days after such written appeal is filed by any city employee aggrieved by action taken against him by the city manager or any department head. The appealing party shall be given ample opportunity to be heard by oral testimony, depositions or interrogatories and shall have the right of cross-examination of all witnesses against him and he may

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be represented by counsel if he so desires. The opposite party shall likewise be given ample opportunity to be heard, and the city attorney shall represent the board and perform such functions and duties as shall be requested by the board. After such hearing the board shall issue its decision which shall be placed in its minutes and such decision shall be final unless writ of certiorari issues as hereinafter provided. (d) Hold public meetings regarding rules, regulations and standards of the Civil Service System proposed at any regular or specially called meeting and thereafter recommend to the governing authority of the city the adoption of rules, regulations and standards effectuating the Civil Service System established under the provisions of this Act. If the City Commission shall fail to adopt, modify, alter or reject such rules, regulations and standards within 45 days, they shall become of full force and effect unless the City Commission shall defer adoption of said rules and regulations for a period not to exceed 10 days following submission for further consideration or public hearing. At the end of the 10 day extension, if the City Commission has still failed to modify, alter or reject such rules, regulations or standards, then they shall become of full force and effect. Such rules and regulations shall prohibit political activity by any employee covered by the Civil Service System or the Civil Service Board. Said rules and regulations when adopted by the City Commission of the City of Gainesville or otherwise becoming effective, shall be binding upon the Civil Service Board, all departments, offices, and employees of the city unless modified, altered or repealed as provided for herein. (e) Should a vacancy occur for any reason, the Civil Service Board shall appoint the following department heads: Chief of Police, Chief of the Fire Department, Superintendent of the Sanitation Department, Director of Utilities of the Water and Sewer Department and City Engineer. Such appointments shall be only after consulting with the city manager and subject to ratification of the City Commission. Such department heads shall be considered as classified service employees. (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 qualified

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applicants as a result of examinations held. Each applicant for employment must be not less than eighteen (18) years of age. Section 3.52. Employee Classifications Established. The general employee classifications in the City of Gainesville shall be as follows: (a) The appointed service which shall include the city manager, the municipal court judge, the city attorney, the solicitor and all personnel appointed by the City Commission pursuant to the city charter except employees in the classified service appointed as provided in this Act. (b) The classified monthly service which shall include monthly salaried employees under the Retirement System only. (c) The classified weekly service which shall include all weekly salaried employees in all departments of the city (includes employees under social security, Civil Service employees who do not meet the Retirement System age requirements and all other employees who are not under Civil Service regardless of age). (d) The nonclassified service which includes all part-time or temporary employees as designated by the city manager, and who are not in the appointed or classified monthly or classified weekly service. Section 3.53. City Manager in Charge of Employees; Duties. The city manager shall be the executive officer of the city in charge of all city employees in the classified and nonclassified service. His duties with respect to the Civil Service System shall include, but shall not be limited to, the following: (a) He shall be responsible for the efficient operation of all departments of the city and the personnel thereof. (b) He shall have authority to employ persons to positions in the classified monthly and classified weekly service of the city, except as otherwise set out in Section 3.51 (e). (c) He shall have authority to employ persons to jobs in the nonclassified service of the city.

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(d) He shall have authority to promote, demote, suspend and discharge personnel in the classified and nonclassified service of the city, but all such demotions, suspensions, and discharges shall be subject to appeal de novo to the Civil Service Board in the manner herein provided, before becoming final. (e) He shall prepare and maintain a classification roster listing all city employees in the classified and nonclassified service in their proper classification. (f) He shall prepare and maintain a pay plan for all employees in the classified and nonclassified service of the city according to position and job classifications. Such pay plan, to become effective, shall first be approved by the City Commission, and all amendments to such pay plan shall be approved by the City Commission before becoming effective. (g) He shall make an annual report to the Civil Service Board during the first quarter in each calendar year. Section 3.54. Complaints Against Persons Subject to Act; Procedure. Complaints may be filed against a person subject to this Act. Such complaint must be in writing, must be brought in the name of the city manager or the city commissioners or a department head as the complaining party, and must avert that there is reasonable ground to believe the charges are true, and the charges must be alleged specifically and with such certainty as to inform the accused of their nature. Such complaint must be based upon a violation of a rule, or the omission of a duty incumbent upon the accused, or the complaint may be by an employee against a decision, ruling, directive, or other action of another within the purview of this Act and which adversely affects the complaining party, and must allege specifically the decision, ruling, directive or other action of which complaint is made. Complaints must be filed with the secretary of the Civil Service Board in writing within fifteen days from the act, occurrence, decision, or ruling complained of or be barred, except that if no complaint is so filed then an aggrieved person may within ten days after expiration of the fifteen days from the act, occurrence, decision or ruling file an affidavit with the city commissioners alleging facts in justification of a complaint and the City Commission must decide within ten days from its first meeting after receiving the affidavit whether or not the city manager, city commissioners

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or a department head shall file a complaint and their decision shall be final. Should the City Commission fail to decide within ten days from their first meeting whether or not charges should be filed then the aggrieved person may within ten days from such failure file the complaint in his own name with the Civil Service Board who shall provide and conduct a hearing. The Civil Service Board shall grant a speedy hearing in all cases but not within three days of the date the accused or respondent is served with a copy of the written charges. After hearing the Civil Service Board shall enter its judgment in writing which shall be recorded in the minutes and be final and conclusive between all parties subject to issuance of a writ of certiorari as herein provided. The Civil Service Board is hereby given the same and like right, power and authority to compel the presence and attendance of witnesses by subpoena, attachment or arrest, and to punish for contempt, and to enforce its decisions as is afforded the Judge of the Municipal Court of Gainesville in all matters before such judge. All subpoenas, attachments and decisions shall be issued by the secretary of the board, shall bear teste in the name of the chairman or vice-chairman of the board, and be in writing, or print, and all decisions of the board shall be entered on the minutes of the board which shall be open to inspection by the public during regular office hours. All testimony before the board shall be rendered under oath or affirmation, by oral testimony, depositions, or interrogatories, and with the right of cross-examination. Any person may serve a subpoena for the appearance of witnesses which service shall be in person or by leaving at the residence or most notorious place of abode of such witness. Either the board or the employee about to be tried may engage a stenographer to take down the testimony and evidence offered in the trial of any case, and in the event that the board shall engage a stenographer, the cost of his services shall be paid by the City of Gainesville from the general funds. Section 3.55. Appeals from Decisions of Board. Any employee dissatisfied with a decision of the board shall have and he is hereby given the right to make application within ten days to the Superior Court of Hall County for the issuance of the writ of certiorari to review the judgment or decision of the board. In the event no appeal shall be filed within ten days the same shall be forever barred. In case an application for the issuance of the writ of certiorari is sanctioned, such writ shall be directed to the chairman or

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vice-chairman of the board (naming him) who shall cause all papers and all evidence before the board to be transmitted to the superior court in accordance with such writ, together with a certified copy of the minutes containing the decision complained of. Section 3.56. Employee Status on Effective Date of Act. The rights, status, salaries, wages, rank, and conditions of employment of all employees of the City of Gainesville subject to this Act shall be and remain as they existed at the time this Act become effective and shall so remain until and unless changed or terminated under some provision of this Act. Section 3.57. Rules and Regulations to Remain in Effect. All rules, regulations and standards of the Civil Service Board effective as of the passage of this Act shall remain in full force and effect until repealed, altered, modified or replaced in accordance with Section 3.51 (d). Article 6 Retirement System Section 3.60. System Continued. There is hereby continued a system of retirement for city employees of the City of Gainesville, Georgia, a method of providing a fund for the payment of retirement benefits, which shall be deposited with the Clerk of the City of Gainesville who shall be custodian thereof, and who shall keep said fund separate and apart from the other funds of the City of Gainesville, and which shall be used exclusively for the purposes provided for in this Act, and which shall be collected, administered and disbursed according to the provisions of this Act. Section 3.61. Salary Assessments. The City of Gainesville shall, each month, levy upon the salary of each and every classified monthly salaried employee of said city an assessment of 6 3/4% of said salary, which assessment shall be deducted from the salary of each employee by the city clerk or other officer in charge of the payment of such salaries. The City of Gainesville shall, through its City Commission, appropriate from the funds of the City of Gainesville, and pay into the retirement fund hereby created, a sum of money equal to 7% of the aggregate amount of the salaries of the employees affected hereby.

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Whenever additional benefits are recommended, the Board of Trustees will first determine the requirement for additional funding, if any, and shall recommend the method of obtaining the funding as a part of the overall additional benefits recommendation. No additional benefits shall be provided for which funding, if applicable, is not designated by the City Commission at the time benefits are approved. Section 3.62. Investments. (a) The Board of Trustees of the Retirement System shall select and enter into a contract with a corporate trustee for the investment and general financial management of all funds and property under the board's jurisdiction. (b) The board of trustees shall have the power and authority to establish the investment powers and limitations of the corporate trustee, such powers and limitations shall be included in the contract with the corporate trustee or in an amendment thereto; and such contract and all amendments thereto shall first be approved by the City Commission of the City of Gainesville by proper resolution before becoming effective as a contract. Section 3.63. Board of Trustees; Election, Rules and Regulations; Appeals to Superior Court. (a) The general administration and responsibility for the proper operation of the Retirement System, and for making effective the provisions of this Act, is hereby vested in a board of trustees consisting of five members. Said five trustees shall pass upon all applications and all business pertaining to the Retirement Fund and all rights and privileges of the employees hereunder. (b) The composition of the said board of trustees shall be as follows: (1) One member from the classified monthly employees of the Police Department. (2) One member from the classified monthly employees of the Fire Department. (3) One member from all other classified monthly employees of the city.

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(4) One member to be at large from all classified monthly employees of the city. (5) One member shall be the city clerk by virtue of office. Each and every member of the Retirement System who is qualified shall be entitled to vote in an election for a trustee to represent them in the membership as enumerated above. (c) All persons who are qualified to vote at said election shall be notified in person or by writing five days in advance by the city clerk. (d) The city clerk shall preside at the election of said trustee and a majority of those voting shall elect. (e) The term of office of each of said trustees, except the city clerk, shall commence on the first Monday after his election and continue for a period of two years, and until his successor shall be elected and qualified. (f) An election shall be held, in the manner hereinbefore described, at the expiration of the term of office of each trustee, except the city clerk, for the purpose of electing his successor; and election for each trustee, except the city clerk, being compulsory every two years. (g) Said board of trustees may establish reasonable rules and regulations for the purpose of administering this Act but not inconsistent with same. (h) Any employee dissatisfied with the action of the Board of Trustees shall have the right of appeal to the Superior Court of Hall County, Georgia, within thirty days from the date of such action by said board, but said employee shall defray all expenses of appeal from an action by said board. Section 3.64. Vacancy. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term within thirty days and in the same manner as the office was previously filled; provided, however, that during such vacancy the action of the four remaining members of the board shall be binding in all business which they may transact.

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Section 3.65. Compensation. The trustees shall serve without compensation. Section 3.66. Oath. Each trustee, other than the city clerk, shall before assuming the duties of his office, take an oath of office before the city clerk of said city, that so far as it devolves upon him he will diligently and honestly administer the affairs of the said board, and that he will not knowingly or willfully violate or permit to be violated any of the provisions of the law applicable to the Retirement System. Such oath shall be subscribed to by the trustee making it, and certified by the said clerk, and filed in his office. A similar oath shall be made by the city clerk before the mayor or other executive head of the city, which oath shall be subscribed to by the city clerk before the mayor or other executive head of the city, and filed in the office of said mayor or other executive head of said city. Section 3.67. Attendance at Board Meetings Compulsory. Attendance of trustees at all board meetings shall be compulsory. Any trustee who neglects the duties of his office may be removed by the board. Section 3.68. Warrants for Withdrawal of Money. Money shall be withdrawn from the fund continued by this Act only upon warrants executed by the person or persons selected by a majority of the Board of Trustees and in amounts authorized by a majority of the Board of Trustees. Section 3.69. Retirement Eligibility. (a) An employee must have been a classified monthly salaried employee, in the aggregate service of the City of Gainesville, for twenty-five (25) years to be eligible for full retirement benefits as set out in Section 3.70 (a), and must have paid into said Retirement Fund the salary assessments set out in Section 3.61 (a) as set out or amended from time to time. (a-1) An employee may elect to retire early with at least twenty (20) years' service with reduced benefits as set out in Section 3.70(e). (a-2) An employee who has completed at least ten (10) years of continuous service may elect to leave his contributions in the Retirement Fund and be entitled to a deferred pension at

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his otherwise normal retirement date as set out in Section 3.71 (b). (a-3) Retirement with less than 25 years of service under the provisions of this Act shall be optional with or in the discretion of the board of trustees or a majority of them when the employee is between the ages of sixty and seventy years, but said board shall compel the retirement of any employee reaching the age of seventy years at the end of the month in which the seventieth birthday of said employee is reached. (b) No person employed by the City of Gainesville on the day of the passage hereof shall be compelled by the board of trustees to retire until said person shall have reached the age of seventy years. (c) The board may compel the retirement of any employee subject to the provisions of this Act who shall become totally and permanently disabled. (d) No employee, subject to the provisions of this Act, shall be considered as totally and permanently disabled and retired by the board of trustees before reaching his twenty-fifth anniversary of service with said city, unless he shall have been found insane or incompetent in a regular proceeding for that purpose under the laws of Georgia; or (1) Such employee shall have been examined by three regularly licensed and practicing physicians, at least two of whom shall be selected by the board, who shall have certified in writing to the board that such employee is at least 75% totally and permanently disabled by reason of physical or mental disability; and (2) Such employee shall be unable to perform another job or function with the City of Gainesville at a salary comparable to that which he was receiving when he became disabled, or no position exists in the employ of said city at a salary comparable to that of such disabled employee, in which he may be employed. In making the decision required by this subparagraph, the board may call upon the Civil Service Board of the city, whose duty it shall be, if possible, to recommend placement of such disabled employee in another position with said city, at a

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salary comparable to that received by him when he became disabled, and if no such position be available or open, to so certify to the board of trustees; and (3) The board of trustees, by majority vote, after considering the certificates of physicians and making such other investigations as it shall deem needful in any case, determine that such employee is actually totally and permanently disabled; and (4) Any employee who shall refuse to undergo a physical or mental examination as above provided, when ordered by the board of trustees, shall forfeit any rights he may have to retirement benefits under this Act; the board shall certify to the Civil Service Board that such employee refuses to be examined, and said Civil Service Board may thereupon relieve such employee from duty without pay; and (5) Any employee who shall become disabled and who shall not be able to perform his regularly assigned duties who shall refuse other employment with the city in a position which he is able to fill and at a salary comparable to that received by him at the time he became disabled, shall thereby forfeit his rights to retirement hereunder and may be dismissed by the Civil Service Board without pay; and (6) Notwithstanding other provisions regarding disability retirement, any employee determined to be actually totally and permanently disabled and retired under the provisions of this Section who later demonstrates recovery from the disability by performing elsewhere the same job, or a similar job requiring the ability for which the employee was retired, shall be removed from the disability retired rolls and benefits shall cease. Section 3.70. Retirement Benefits. (a) An employee retiring under the provisions of this Act shall receive monthly benefits for the remainder of his life in a sum of money equal to one-half the amount of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund, provided the employee shall have completed twenty-five (25) years of aggregate service for the City of Gainesville. If the employee has not, at the time of retirement, completed 25 years of aggregate service to the City of Gainesville, then the Board of Trustees

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shall cause to be paid to said employee a monthly sum of money equal to that percentage of one-half of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund that his total years of service bear to 25 years. Said benefit shall be paid said retired employee from the Retirement Fund therein provided for on the first of each month until the death of said employee or as otherwise provided in Section 3.69(d)(6). (b) Should an employee die without having received any actual cash benefits hereunder, the amount he has contributed to said Retirement Fund shall be paid to his heirs at law, or to any person, firm or corporation designated by such employee in writing before his death. (c) Should a retired employee die without having received in retirement benefits a sum equal to the amount he has paid into the Retirement Fund, then the difference between the amount paid into the fund by the employee and the amount received by the employee in benefits shall be paid in regular monthly installments or in a lump sum, at the discretion of the trustees, to the heirs at law of deceased employee, or to any person, firm or corporation designated by him in writing before his death. (d) Should there be more than one heir at law of a deceased employee to benefits, or should one or more of said heirs at law be not sui juris, the board of trustees, at its option, may designate some person, firm or corporation to receive said benefits for the use and benefit of all the heirs at law of said deceased employee, said benefits to be paid in regular monthly installments to said person, firm or corporation. (e) Upon the completion of at least 20 or more years of service with the city, an employee may elect to retire early and receive either the right to a deferred pension commencing at his otherwise maximum retirement date or with some reduction, the right to have this pension commence immediately upon his early retirement. The benefit upon such early retirement will be calculated as for maximum retirement reflecting the average salary and the service up to the date of such early retirement. If the retirement commences immediately, such benefit will be reduced by five percent (5%) for each year or fraction thereof that the employee's age at early retirement is less than his otherwise normal retirement age.

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(f) By filing an application with the board of trustees, an employee may elect to a joint and survivor option by designating his spouse as his contingent pensioner and elect to receive in lieu of the pension to which he may otherwise become entitled upon retirement, a reduced pension payable for life, with a percentage of such payments (100%, 75%, 50%) to be continued after the employee's death to his contingent pensioner during the latter's lifetime. The aggregate of the pension payments expected to be paid to an employee and his contingent pensioner under the above option shall be the actuarial equivalent of the pension which the employee is otherwise entitled to receive upon retirement. An employee may elect or revoke an option with the approval of the board of trustees, if his election or revocation is filed in writing with the board of trustees prior to retirement, and the board of trustees may require evidence of the good health of the employee prior to such approval if such request is one year or less prior to retirement. An employee may elect or revoke an option without the approval of the board of trustees if his election or revocation is filed in writing with the board of trustees one year or more prior to retirement. An election of such option shall become inoperative in the event that (a) the employee's death occurs prior to his retirement, or (b) the death of the contingent pensioner occurs before the employee's retirement. Section 3.71. Employees Leaving Service Before Retirement. (a) Any employee leaving the service of the City of Gainesville, for any reason other than by retirement by the board of trustees, shall be refunded the actual amount of money he has paid into the Retirement Fund; provided, however, that any employee who leaves the service of the City of Gainesville and withdraws the amount of his contributions to the Retirement Fund as in this Section provided, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum into said Retirement Fund, after being reemployed. (b) If an employee leaves the employ of the city before having completed at least 10 years of continuous service, he shall be entitled to a refund of his total employee contributions to the Retirement

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System as of such termination date. If, however, upon such termination, the employee has completed at least 10 years of continuous service and elects to leave his contributions in the fund, he will be entitled to a deferred pension commencing at his otherwise normal retirement date. Such deferred pension will be equal to a specific percentage of his accrued benefits calculated as for maximum retirement based on service and average monthly salary as of the date of termination, specific percentages paid, based upon employee's completed years of service as of the date of such termination, shall be as follows: Completed Years of Service at Termination Percentage of Accrued Benefits Vested in City-Paid Pension 10 50% 11 60% 12 70% 13 80% 14 90% 15 or more 100% The city-paid portion of the pension shall be the pension accrued according to Section 11 (a) of the said Act of 1941 hereby amended, minus the pension purchased from the employee's own contribution. In addition to the amount of the city-paid portion of the pension, the employee will be 100% vested in the pension purchased by his own contributions, regardless of his length of service. The employee will forfeit all right to a deferred pension if, at the time of termination or any subsequent date prior to the commencement of his vested benefits, he receives a refund of his employee contributions. Section 3.72. Employees Subject to Article . Employees subject to the provisions of this Article shall be all classified monthly employees of the City of Gainesville; provided, however, that any person hired under the previous retirement system who was over age 35 and was not eligible to join the retirement system, shall elect in writing, at such employee's option, whether to be subject to the provisions of this retirement system. Classified weekly employees and nonclassified occasional and temporary employees working for weekly or hourly wages are not subject to the provisions of this Article. Any person who is or was over 55 years of age at the time of

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employment by the city shall not be eligible for retirement benefits nor shall he be responsible for contributions under this Article. Section 3.73. Service Records of Employees . The board of trustees elected and qualified as herein provided shall establish the service record of all employees of the City of Gainesville who may be entitled to participate in the benefits of this Article and shall keep and maintain a record thereof, and said board shall at all times keep a service record of all employees subject to the provisions of this Article. Section 3.74. Funds not Subject to Legal Process . The Retirement Fund and the benefits provided for in this Act shall not be subject to garnishment for debt or to any other legal process or proceeding. Section 3.75. Periodic Study and Report on Retirement System . It shall be the duty of the City Commission at least once every two years to cause a study by a qualified actuarial firm and investigation of the Retirement System to be made and a written report with respect thereto made to the board of trustees with specific recommendations for such changes as may be necessary. The board of trustees shall make such report a public record and available for inspection. CHAPTER 4 Financial and Fiscal Administration Article 1 Taxation, Fees and Assessments Section 4.10. Property Taxes . (a) All persons owning property within the city limits of the City of Gainesville shall be subject to pay an ad valorem tax to said city thereon, and the lien for said tax shall attach as of January 1st in each year. The taxable property within the limits of said city shall be assessed at 100% of its fair market value as determined by general State law. Upon failure to make a tax return for city taxes hereunder, when required by general State law, the owner of such property shall be liable for a penalty of 10% of the city taxes finally charged against said property. One-half of all ad valorem taxes owned by every taxpayer of the city shall become due and payable on the 1st day of July of each year and the remaining one-half of all ad valorem taxes owned by

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every taxpayer of the city shall become due and payable on December 20th of each year, or at such later dates provided by the Commission if a final tax digest is not available within sufficient time. Any taxpayer failing to pay said ad valorem taxes when due shall be charged interest at the highest legal rate that is now or may hereafter be established by State law at an annual rate on the taxes due from the due date until paid. After the due date each year the books for the collection of taxes shall be closed; and it shall be the duty of the city clerk to see that tax executions are promptly issued and promptly collected, the provisions herein respecting collection of same being mandatory, and a failure to properly perform the duties developing on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of the officer or officers who shall fail to perform their duties in this regard. (b) Said unpaid tax for which executions are issued shall bear interest at the highest legal rate that is now or may hereafter be established by State law and in addition thereto, the cost for issuing, levying and settling such executions shall be the same as allowed the tax collectors, constables and sheriffs of this State for like services, such costs, however, to be paid into the treasury of the City of Gainesville. (c) The Commission shall levy the taxes upon property liable to taxation of said city to be paid during said year and shall levy a sufficient amount, keeping within the limits allowed by law for any existing current liabilities unpaid, and for the necessities of said city, until the ensuing year. The levy as first made may be added to, and the Commission may amend or increase or decrease the same before any of said taxes are collected. It shall be the duty of the city manager to have prepared and submit to the Commission at the time of said levy, an estimate of the probable income of the city and receipts from all sources, and all the expenses and demands which will have to be met before the end of the following fiscal year. (d) It shall be the duty of the Commission to provide for the payment, as soon as possible, of all the floating debt of said city, for money heretofore borrowed and used according to law for the legitimate expenses of said city. Said provision to be made from the levy of taxes, or from other receipts, and not by further borrowing, and it shall be unlawful for said Commission hereafter to borrow any money, or pledge the credit of the city, or receive any advance of

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money to pay the current expenses of said city, or use for city purposes any money so borrowed or advanced. Provided, nothing herein shall prohibit the exercise of any right to incur a debt or borrow money, given the authorities of said city by the Constitution of this State. Section 4.11. Appeal. Appeal of tax assessments shall be as provided by State law. Section 4.12. Tax Levy. The Commission shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the City of Gainesville for the purpose of raising revenue to pay the cost of public education, parks and recreation, and ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and laws of the State of Georgia, including principal and interest on general obligation bonds. Section 4.13. Collection of Delinquent Taxes. The Commission may provide by ordinance for the collection of delinquent taxes by execution issued by the Commission for the sale of goods and chattels to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city or county taxes, or by any of the foregoing methods, and by the use of any available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment day of the first day of January of each year, which shall be superior to all other liens except that it shall have equal dignity with those of the Federal, State or county taxes. Section 4.14. Licenses and Occupational Taxes. The Commission by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of Gainesville, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the Commission may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify business, occupations, professions or callings for the purpose of such taxation in any way which may be lawful, to require such persons to procure licenses; to

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compel the payment of such license fees or taxes 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. Section 4.15. Sewer Service Charges. The Commission 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 Gainesville to provide for the cost and the expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 4.16. Sanitary and Health Service Charge. The Commission 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, based upon and in accordance with such classifications of property and/or sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other lien except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 4.17. Special Assessments Generally. The Commission shall have power and authority to assess all parts of the cost of constructing, reconstructing, widening, draining, or improving any public way, sewers, or utility mains and appurtenances, against the abutting property owners. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided herein.

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Section 4.18. Street Paving Assessments. Whenever the Commission shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, or any part of them in the city, the Commission shall by ordinance declare such work or improvement necessary. Unless between the time of the first publication of the ordinance and the time when it can be finally adopted, the owners of more than one-half the linear front footage of the land liable to assessment to pay for such improvement shall file with the secretary of the Commission their protest in writing against such improvement, then the Commission shall have the power to pass and adopt the proposed ordinance, and to levy assessments as herein provided for. Any number of streets, avenues, lanes or alleys, or parts thereof to be so improved, may be included in one ordinance, but any protest or objection shall be made as to each street or highway separately; provided, however, that if the owners of more than one-half of the linear front footage of the land liable for any such improvement shall petition the Commission for such improvement of any street or highway or part thereof, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvement, then the Commission may cause such improvement to be made in accordance with the prayers of the petition, without the adoption of any ordinance; provided that the Commission shall finally have the right to determine the kind of material to be used for such improvement, and width thereof. Section 4.19. Proportion of Paving Costs. The lots, pieces or parcels of lands fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvements for said frontage, provided that the frontage of intersecting streets, avenues, lanes or alleys shall be assessed as real estate abutting upon the street, avenue, lane or alley to be paved, or otherwise improved, and the municipal corporation shall be for all intents and purposes of these paving provisions of this Act the owner or legal representative of real estate abutting on any street, avenue, lane or alley, shall possess the same rights and privileges as other owners of real estate abutting on any such street, avenue, lane or alley, and the Commission shall pay from the city treasury the just pro rata of the entire cost of said work or improvement for the said frontage. It is further provided that in the event the city receives a Federal or State grant for such improvements, the City Commission shall have the power

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to relieve the owners of the lots, pieces or parcels of land fronting and abutting upon both sides of said improvements to the extent the grant will cover the entire cost of said improvements. Section 4.20. Assessment Ordinances. Whenever the petition provided for in Section 4.18 of this Chapter is presented or whenever the Commission shall have determined to pave, grade, drain or otherwise improve any street, avenue, lane or alley, or any part of them, and shall have passed the ordinance provided for in said Section the Commission shall then have the power to enact all further ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipes in and underneath the streets, avenues, lanes or alleys where such public improvements are to be made, and all costs and expenses of making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement. Section 4.21. Protest; Resolutions; Terms and Conditions; Bids; Notice. After the expiration of time for objection or protest on the part of the property owners, if no sufficient protest is filed, or on receipt of a petition for such improvement signed by more than one-half of the owners in linear front footage of the property to be assessed, if such petition shall be found in proper form and properly executed, the Commission shall adopt a resolution citing that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of the Commission to proceed with the improvement, stating the material to be used, and the manner of construction, and defining the extent, character and width of the improvement, and such other matters as may be necessary to instruct the city manager and his subordinates in preparing for such improvement the necessary plans, plots, profiles, specification and estimates. Said resolution shall set forth any such reasonable terms and conditions as the Commission shall deem proper to impose with reference to the letting of the contract and the provisions thereof, and the Commission shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and of the contract, and for the protection of the city and all property owners interested

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against any loss or damage by reason of the negligent or improper executions of the work, and may require a bond in an amount to be stated, for the maintenance in good condition of such improvements for a period of at least one year from the date of the completion, or both, in the discretion of the Commission. Said resolution shall also direct the city manager to advertise for bids for furnishing the materials and performing the work necessary in making such improvements. The notice of such bid shall state the street, avenue, lane or alley to be improved, the kind of improvements proposed, what, if any, bond or bonds will be required to be executed by the contracts and shall state the time and place where such sealed bids shall be filed, and when and where the same will be considered by the Commission. Such notice shall be published for ten days in the official newspaper. At the time and place specified the Commission shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder; which contract shall in no case exceed the estimate of cost submitted by the city manager for such work and the Commission shall have the right to reject any and all bids and to readvertise for other bids when any such bids are not in its judgment satisfactory. The City Commission shall have the authority, when it deems such action to the best interest of the city and the owners of the property to be improved, to proceed with the improvements herein provided by the use of city personnel and equipment without contracting therefor as hereinabove required. When the City Commission decides to proceed to make such improvements by the use of city personnel and equipment without a contract therefor all the provisions of this Act not exclusively applicable to appraisement, apportionment and assessment and to hear objections to the same, and to confirm finally the same as made by the board or as corrected by the Commission. Assessment in conformity to said appraisement and apportionment as confirmed by the Commission shall be payable in ten or twenty equal annual installments at the discretion of the Commission and shall bear interest at the rate of seven percent per annum, from the time said assessments are fixed, until paid, the assessments to be payable in each year at such times as the several installments of the assessment are made payable each year. The Commission shall by ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor.

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Section 4.22. Report of Appraisement; Objections; Review, Payment of Assessments. As soon as the contract is let and the cost of such improvements, which shall also include all other expenses incurred or to be incurred by the city incident to such improvement, in addition to the contract price for the work and materials ascertained, the Commission shall by resolution appoint a board of appraisers, consisting of the city manager and three citizens of the city to appraise and apportion the cost and expense of the same to the several tracts of land abutting on the proposed improvements. Within ten days from the date of the resolution appointing such board, the board shall file a written report of the appraisal, assessment and apportionment of such expense and cost to the secretary of the Commission. When such report shall have been returned and filed, the Commission shall designate a time for holding a session for the hearing of any complaints or objections, that may be made concerning such appraisement, assessment, and apportionment as to any such tracts of land abutting on the proposed improvements, and notice of such session for such hearing shall be published by the secretary at least five days prior to such session, and the notice shall provide for the inspection of the return by any person interested therein. The time fixed for such hearing shall be not less than five nor more than ten days from the last publication. The Commission shall at said session have power to review and correct said appraisement, apportionment and assessment and to hear objections to the same, and to confirm finally the same as made by the board or as corrected by the Commission. Assessment in conformity to said appraisement and apportionment as confirmed by the Commission shall be payable in ten or twenty equal annual installments at the discretion of the Commission and shall bear interest at the rate of seven percent per annum, from the time said assessments are fixed, until paid, the assessments to be payable in each year at such time as the several installments of the assessment are made payable each year. The Commission shall by ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor. Section 4.23. Installment Payments. The first installment of said assessment together with interest to that date on the whole shall be due and payable on the first day of September next succeeding the adoption of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on September 1 of each succeeding year until all shall be paid; provided,

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that if such assessing ordinance shall be passed after the first day of August in any year, the first installment of such assessment and interest shall be due and payable on September 1 of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments in full within thirty days from the date of the passage of the ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the city, and relieve their property from the lien of said assessment, which money so paid to the treasurer shall be disbursed pro rata between the contractor and the municipal corporation in proportion to their respective interest. Section 4.24. Lien of Assessment. Such special assessment and each installment thereof, and the interest thereon, and all costs incurred by the municipal corporation in connection therewith are hereby declared to be a lien against the tracts of land so assessed from the date of the ordinance levying the same equal with the lien of taxes, and prior to and superior to all other liens against such tracts, and such lien shall continue until such assessment and the interest thereon shall be paid in full, but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Section 4.24. Bond Issue for Street Improvements. The Commission, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, fixing the date fifteen days after the passage and adoption of the ordinance levying such assessments, and of such denomination as the Commission shall determine, which bond or bonds shall in no event become a liability of the municipal corporation, of the City of Gainesville, nor of the Commission. One-tenth of a 10 year bond or one-twentieth of a 20 year bond in amount of any such series of bonds with the interest upon the whole series to that date shall be payable on the fifteenth day of September next succeeding the maturity of the first installments of the assessments and interest, and one-tenth or one-twentieth (depending upon the terms of bond) thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on September the fifteenth in each succeeding year until all shall be

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paid, such funds to bear interest at a rate not exceeding six percent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street, avenue, lane or alley, for the improvement of which they have been issued, and that they are payable solely from assessments which have levied upon the tracts of land benefited by the said improvement under authority of this Act. Said bonds shall be signed by the mayor and attested by the secretary of the Commission, and shall have the corporate seal of the city affixed, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated in the bond. Said bonds shall be sold at not less than par, and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred in making such improvement, or such bonds in the amount that shall be necessary for that purpose may be delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof, which shall be necessary to pay other expenses incident to and incurred in providing for said improvement, shall be sold or otherwise disposed of as the Commission shall direct and as regulated by law. All said bonds shall be registered by the secretary of the Commission in a book to be provided for that purpose, and certificate of registration shall be endorsed by the secretary on each of said bonds. Whenever the owner of any such bond shall sell or transfer the same, such sale with the name and address of the owner and of the transfer shall be entered on the registry book for such bonds at the office of the secretary, and it shall be the duty of the transferee of said bonds to carry or send said bonds to the secretary for such purpose. Section 4.26. Collection of Assessments; Notice; Executions; Levy and Sale; Affidavit of Illegality; Failure of Notice; Owner Shown by Tax Return. The assessments shall be payable by the persons owning said tracts of land as the several installments become due, together with the interest on the whole amount as before provided for, to the treasurer of said city, who shall give proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate account and special fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purpose; except that, at the time that any payment on said bonds shall be due, if there shall be more than

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enough in such special fund to make payment of the amount then due on said bonds, the other items of expense incurred by the municipal corporation in making such improvement may be paid wholly or partly from such excess. It shall be the duty of the treasurer not less than thirty days and not more than fifty days before the maturity of any such assessments to publish in two successive issues of the official newspaper, a notice advising the owner of the property affected by such assessment of the date when such installments and interest wll be due, and designating the streets or other highway on which such assessments have been levied, and that unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest. It shall be the duty of the treasurer promptly after the maturity of any such installment or assessment and interest, in case of a default in payment of such installment or assessment, with interest, to issue an execution against the tract of land assessed for such improvement or against the person owning the same for the amount of such assessment, with interest, shall deliver the same to the levying officer of said city, or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement, and after advertisement, and other proceedings as in the case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and subject to claims against said property for unpaid taxes; provided, that the defendant shall have the right to file an affidavit denying that the whole, or any part of the amount for which execution issued is due, and stating what amount he admits to be due, which amount shall be paid before the affidavit is received for the balance. All affidavits (and these, the foregoing and following provisions shall apply to the railroads against whom executions shall issue for the cost and expense of paving) shall set out in detail the reasons why the affiant claims the amount is not due, and when received by the levying officer shall be returned to the State Court of Hall County, or the Superior Court of Hall County, whichever shall be first in session and there tried and the issue determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the city treasurer to publish said notice of maturity of any installment of said assessment and interest shall in nowise affect the validity of the assessment and interest thereon or the execution issued therefor. For all such paving or improving purposes, the person last returning

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the real estate for a taxation to the city shall be regarded and taken to be the owner thereof, and if two or more persons shall return the same property for taxation, the city authorities may proceed against all or either of them, and leave to them the settlement as to who is owner and who is liable; and when no person shall return any such real estate for taxation, then no notice shall be given, but the work shall be done and assessment made and execution issued against the property as unreturned property, and the same shall be levied on and sold as unreturned property is levied and sold for the payment of city taxes owing thereon. Section 4.27. Suit to Set Aside Assessment; New Assessment. No suit shall be sustained to set aside any such assessment or levying or collecting any such assessment or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than for failure of the Commission to adopt and publish the ordinance provided for in Section 4.18 of this Act, and to give notice of the return of the board of appraisers, as herein provided for, unless such suit shall be begun within thirty days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient partly or wholly for any reason, the Commission may at any time in the manner provided for the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have the force and effect of an original valid assessment. Section 4.28. Owners of Abutting Property; Method of Paving Cumulative. Whenever the abutting landowners of any street, avenue, lane, or alley of said city shall petition the Commission as hereinbefore set out, or the Commission shall adopt the ordinance as provided in Section 4.18 hereof where the State or any of its political subdivisions is the owner of any property on such street or other highway the frontage so owned is to be counted as if owned by an individual and shall be so treated for the purpose of assessment, and when the State is the owner the Governor is authorized to sign any petition provided for therein, and where the County of Hall is the owner the Chairman of the County Commissioners is authorized to sign in behalf of the county; and where the City of Gainesville is the owner, the mayor is authorized to sign in behalf of the City of Gainesville. The method of paving, grading, macadamizing, draining or repaving, redraining, remacadamizing, or otherwise improving

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any street, avenue, lane or alley, or any part or parts thereof, as provided for in Sections 4.19 to 4.28 inclusive of this Act, shall be, except in cases where the owners of more than one-half in area of the land liable for any such improvements shall petition the Commission for such improvement of any street or highway, or part thereof, in addition to and cumulative of the methods now provided by law for such purposes, or any of them, and the Commission in any case may (subject to the exception before stated) use and apply any of said methods. Section 4.29. Methods for Installation of Sanitary Sewer Line. (a) Whenever the Commission shall deem it necessary in the best interest of the city to install sanitary sewer lines in or around the City of Gainesville or in any block thereof, the Commission shall by ordinance declare such work or improvement necessary and written notice shall be mailed to each owner of the property that will be liable for any assessment. Unless between the time of the first publication of the ordinance and the time when it can finally be adopted, more than one-half the owners in area of the land liable to assessment to pay for such improvements in accordance with Section 4.31 hereunder shall file with the secretary of the Commission their protest in writing against such installation, then the Commission shall have power to pass and adopt the proposed ordinance, and to levy assessments as herein provided. Provided, however, that if the owners of more than one-half in area of the land liable for any such improvement shall petition the Commission for installation of a sanitary sewer line, describing in such petition the area to be served, then the Commission may cause such improvement to be made in accordance with the prayers of the petition, without the adoption of any ordinance. (b) Whenever such sanitary sewer line is to be constructed outside the corporate limits of the City, the City shall first obtain the written consent of at least 50% of the owners of property liable for any assessment to pay for such improvements. Section 4.30. Apportionment of Costs. The lots, pieces or parcels of land to be served by the installation of a sanitary sewer line shall be charged with the costs thereof according to the just pro rata share of the entire costs of said installation, as determined by the proportion the square footage of the individual lot served bears to the square footage of the entire area served.

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Section 4.31. Assessment Ordinances. Whenever the petition provided for in Section 4.29 of this charter is presented or whenever the Commission shall have determined to install sanitary sewer lines in accordance with Section 4.30, and shall have passed the ordinance provided for in said Section the Commission shall then have the power to enact all further ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such assessment. Section 4.32. Protest; Resolutions; Terms and Conditions; Bids; Notices. After the expiration of time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvements signed by more than one-half of the owners in area of the property to be assessed, if such petition shall be found in proper form and properly executed, the Commission shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of the Commission to proceed with the improvement, stating the material to be used, the manner of construction, and defining the extent and character of the improvement, and such other matters as may be necessary to instruct the city manager and any subordinates in preparing for such improvement the necessary plans, plots, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as the Commission shall deem proper to impose with reference to the letting of the contract and the provisions thereof, and the Commission shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and of the contract and for the protection of the city and all property owners interested against any loss or damage by reason of the negligent or improper execution of the work, and may require a bond in an amount to be stated, for the maintenance and good condition of such improvements for a period of at least one year from the date of the completion, or both, in the discretion of the Commission. Said resolution shall also direct the city manager to advertise for bids for furnishing materials and performing the work necessary in making such improvements. The notice of such bid shall state the area to be served by the installation of the sewer line, what, if any, bond or bonds will be required to be executed by the contracts, and shall state the time and place where such sealed bids shall be filed, and when and where the same will be

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considered by the Commission. Such notice shall be published once in the official newspaper at least ten days prior to the time of accepting bids. At the time and place specified, the Commission shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder; which contract shall in no case exceed the estimate of cost submitted by the city manager for such work, and the Commission shall have the right to reject any and all bids and to readvertise for other bids when such bids are not in its judgment satisfactory. The Commission shall also have authority when it deems such action to the best interest of the city and the owners of the property to be improved, to proceed with the improvements herein provided by the use of city personnel and equipment without contracting therefor as hereinabove required. When the Commission decides to proceed to make such improvements by the use of city personnel and equipment without a contract therefor, all the provisions of this ordinance not exclusively applicable to appraisement, apportionment and assessment and to hear objections to the same, and to confirm finally the same as made by the board or as corrected by the Commission shall apply. Section 4.33. Report of Appraisement; Objections, Review; Payment of Assessments. As soon as the contract is let and the costs of such improvements, which shall also include all other expenses incurred or to be incurred by the city incident to such improvement, in addition to the contract price for the work and materials ascertained, the Commission shall by resolution appoint a board of appraisers, consisting of the city manager and three citizens of the city, to appraise and apportion the costs and expense of the same to the several tracts of land to be served by the installation. Within ten days from the date of the resolution appointing such board, the board shall file a written report of the appraisal, assessment and apportionment of such expense and cost to the several tracts of land to be served by the improvement, with the secretary of the Commission. When such report shall have been returned and filed, the Commission shall designate a time for holding a session for the hearing of any complaints or objections, that may be made concerning such appraisement, assessment and apportionment as to any such tracts of land, and notice of such session for such hearing shall be published by the secretary at least five days prior to such session, the notice providing for an inspection of the return by any person interested herein. The time fixed for such hearing shall be not less than five nor more than ten days from the last publication. The

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Commission shall at said session have power to review and correct said appraisement, apportionment and assessment and hear objections to the same, and to confirm finally the same as made by the board or as corrected by the Commission. Assessment in conformity to said appraisement and apportionment as confirmed by the Commission shall be payable in ten equal annual installments and shall bear interest at the rate of seven percent per annum from the time said assessments are fixed, until paid, the assessment to be payable in each year at such time as the several installments of the assessment are made payable each year. The Commission shall by ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor. Section 4.34. Installment Payments. The first installment of said assessment together with interest to that date on the whole shall be due and payable on the first day of September next succeeding the adoption of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on September first of each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in any year, the first installment of such assessment and interest shall be due and payable on September first of the following year. Said ordinance shall also provide the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments in full within thirty days from the date of the passage of the ordinance. The owners of the properties so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the city, and relieve their property from the lien of said assessment, which money so paid to the treasurer shall be disbursed pro rata between the contractor, if such is used, and the municipal corporation in proportion to their respective interest. Section 4.35. Lien of Assessment. Such special assessment and each installment thereof and the interest thereon, and all costs incurred by the municipal corporation in connection therewith are hereby declared to be a lien against the tracts of land so assessed from the date of the ordinance levying the same co-equal with the liens of taxes and street improvements, and prior to and superior to all other liens against such tracts, and such liens shall continue until such assessments and the interest thereon shall be paid in full, but

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unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Section 4.36. Previous Provisions; Effective. The provisions of Sections 4.25, 4.26 and 4.27 of this charter shall have the same force and effect as to sewer line installations as said Sections have as to street improvements, and said Sections are incorporated herein by reference. Section 4.37. Same; Cumulation. The method of installing sanitary sewer line, as provided in Sections 4.29 and 4.30 of this charter shall be in addition to and cumulative of the methods now provided by law for such purposes, or any of them, and the Commission in any case may use and apply any of said methods. Section 4.38. Alternative Power Over Sanitation. The Commission shall have power over and control of all pipes, sewers, private drains, water closets and other receptacles or drains for sewage or other substances or fluids in said city, with power to prescribe their location and structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city; to prescribe the kind of water closets and other receptacles or drains for sewage or other fluids or substance to be used within the corporate limits of the city; to condemn and destroy any water closets or other receptacles or drains now in use or that may hereafter be erected and put in use which do not conform to and are not the kind prescribed by the Commission, or which may be detrimental to the public health. It shall also have power and authority to compel all property owners to connect water closets or other receptacles or drains aforesaid on the premises of such property owners with the sanitary sewers of the city, and such rules and regulations as may be prescribed by the Commission; and if such property owner fails to connect any water closet or other receptacle or drain aforesaid on the premises of such owner with the sanitary sewers within the time prescribed by the Commission and the Commission may make such connection, provide all necessary fixtures and assess the cost of said connection and fixtures against the real estate of said property owner with which such connection is made. It shall have the power and authority to enforce the collection of the cost of such connection and fixtures by execution issued by the clerk against said real estate, and which execution may be enforced as tax executions for

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tax due the city. And the Commission may also make such charges in the first instance for the privilege of connecting such sewers and such charge therefor for the use of the same as shall be reasonable; the amount so to be paid to be regulated by ordinance so to apportion such charge according to the charter or such other methods as may be warranted and amount of use of such sewerage by the person or property for the benefit of which such connections are made and such charges, if not paid when due, may be collected by execution against the property with which connection is made; and the Commission shall have the power to assess against the property within the city abutting on street and along and on which sewers or drains are constructed under this Act, and against any property along or through which such sewer or drain is constructed, and which is benefited by the same and collect the same by execution against such property; and all executions provided for in this Section shall be liens upon the property with which such connections are made, and for the benefit of which the same are used, next in rank to taxes of said city upon the property. Section 4.39 Excise Taxes; Wholesale and Retail Dealers. The Commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine, malt beverages or intoxicating liquors by wholesale and retail dealers within the City. Article 2 Borrowing Section 4.40. General Obligation Bonds. The Commission shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter and the Constitution and laws of the State of Georgia. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Section 4.41. Revenue Bonds. Revenue bonds may be issued by the Commission as now or hereafter provided by the laws of the State of Georgia.

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Article 3 Accounting and Budgeting Section 4.50. Fiscal Year. The fiscal year of the city government shall begin on the first day of July of each year and shall end on the thirtieth day of June 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, agency and activity of the government, unless otherwise provided by State or Federal law. Section 4.51. Preparation of Budget. The Commission shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget. Section 4.52. Scope of Annual Budget. The scope of the annual budget shall be prescribed by ordinance. Section 4.53. Submission of Budget to Commission. The manner of submission of the budget to the Commission shall be prescribed by ordinance. Section 4.54. Action by Commission. (a) The Commission may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues. (b) The Commission shall adopt the final operating budget for the ensuing fiscal year not later than the first day of the budget year. If the Commission fails to adopt the budget by this date, the budget as submitted by the city manager shall be deemed adopted for the ensuing fiscal year. (c) The amount set out in the adopted operating budget for each organizational unit, purpose or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable, except as provided in Section 4.56 of this charter.

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Section 4.55. Property Tax Levies. As the next order of business following the adoption of the operating budget, the Commission shall levy by ordinance an annual tax on all real and personal property within the City of Gainesville which is subject to ad valorem tax. 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 appropirated. Section 4.56. Additional Appropriations. The Commission may by ordinance make supplemental appropriations from revenues in excess of those estimated in the budget or make revisions in the operating budget at any regular or special meeting called for such purpose. Section 4.57. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget shall lapse at the end of the fiscal year. Section 4.58. Capital Improvements Budget. (a) On or before a date fixed by the Commission, but not later than sixty (60) days prior to the beginning of each fiscal year, the city manager shall submit to the Commission a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Commission shall have power to accept with or without amendments or reject the proposed programs and proposed means of financing. (b) The Commission shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first day of the budget year. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by the Commission.

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Article 4 Procurement and Property Management Section 4.60. Contracting Procedures. The Commission shall prescribe by ordinance such rules and regulations as may be necessary to govern the authorization and execution of contracts which shall bind the City of Gainesville. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be reviewed as to form by the city attorney before authorization by the Commission. Except where otherwise provided by law or by ordinance of the Commission, all contracts of the city shall be signed by the mayor or city manager or by some person designated by the Commission and shall be authenicated by the city clerk. Section 4.61. Sale and Disposition of Property. (a) The Commission is hereby authorized to sell and convey any real or personal property owned or held by the City of Gainesville for governmental or other purposes, except as otherwise limited by law; provided, however, no public utility owned or operated by the City of Gainesville shall be sold by the Commission unless the Commission, by a majority vote with all Commissioners participating, first resolves that such utility shall be sold, and thereafter, the proposed sale is approved by a majority vote of the electors of the City of Gainesville voting in a special election called and held for that purpose. (b) The Commission 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 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 Commission may authorize the execution and deliverance in the name of the city of 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

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so executed and delivered shall convey all title and interest the city has in such property, notwithstanding any public sale after advertisement was or is hereafter made. CHAPTER 5 Municipal Services and Regulatory Functions Article 1 Municipal Services Section 5.10. Streets . The Commission is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, close and otherwise to exercise complete control over the streets, public parking areas, alleys, squares and sidewalks of the City of Gainesville. The Commission 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 5.11. Municipal Utilities . The Commission shall have the power and authority to acquire, own, hold, lease, build, maintain and operate systems of waterworks, electric power, sewerage and gas distribution and mass transit; to establish rates and charge fees for services rendered to any of said systems; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of any said systems to consumers outside the corporate limits of the City of Gainesville. Section 5.12. Water, Sewers and Drains . The Commission shall have the power and authority to provide for the establishment, extension and maintenance of a system of water, sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For those purposes the City of Gainesville is granted the power of eminent domain both within and without its corporate limits. The Commission may provide by ordinance for reasonable connection fees for tapping onto the water and sewer lines of said city and may compel citizens within the corporate limits to tap into the same when such service is made available. They may cause said connections to be made when the owners refuse, and issue executions for the amount so expended, which execution shall be special liens on

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the property connected with said water and sewerage systems from the date of the order of connection. Section 5.13. Right-of-way; Water and Sewer System Regulation Within and Without the City Limits . The City of Gainesville shall have the non-exclusive right, easement and franchise of laying the necessary mains, pipes, conduits and drains for waterworks, sewerage and drainage systems purposes along the highways in the County of Hall without cost except that the City shall repair all damage done by the City by reason thereof; 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, sewerage and drainage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said city. Section 5.14. Eminent Domain . The Commission is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, public parking areas, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, mass transit systems, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements or purposes inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Title 36 of the Code of Georgia, 1933, subject to such amendments as shall be enacted thereto or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia. Section 5.15. Public Schools . (a) Whereas the City of Gainesville has organized and put into operation a public school system in and for such city under the Act of September 4, 1883, the said city is hereby authorized and empowered to operate and continue said public schools for as much as ten months in each year instead of for six months as provided in said Act, and to levy and collect a tax sufficient to provide suitable buildings and maintain said schools for and during ten months of each year or such other time as may be determined by the Commission or the board of education appointed by such Commission. The said schools to be

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free of tuition to all pupils resident in said city, except a matriculation fee, and with power to provide for and collect from nonresident pupils an amount for tuition not less than the pro rata cost of each pupil, for the expense of maintaining and operating said schools. (b) The Commission shall have power to pass all ordinances, rules and regulations necessary for carrying into effect the provisions of the foregoing subsection. (c) The city, by and through the Commission, shall have power to levy a tax not exceeding two dollars ($2.00) on hundred dollars ($100.00) of the assessed value of all property located within the corporate limits of the city and subject to an ad valorem tax by the city for school purposes. Article 2 Regulatory Functions Section 5.20. Power to Regulate and License . The Commission 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 Gainesville, regardless of whether or not the subject has an office or establishment within said city. The Commission 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. Section 5.21. Franchises . The Commission shall have authority to exercise control over the use of streets of the City of Gainesville. The power is hereby conferred upon the Commission to grant franchises for the use of said city's streets and alleys, for the purposes of railroads, street railways, telephone and gas companies, electric companies, ambulance companies, taxicabs, community antenna television companies, and transportation companies. This

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franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipe, lines or conduits both above and below the surface. The Commission shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted unless the city receives just and adequate compensation therefor. The Commission shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him. The Commission may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 5.22. Planning and Zoning . (a) The Commission of the City of Gainesville may, in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purposes of regulating the location of trades, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or structures near street frontages. 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 Commission of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry or profession or other activity conducted or to be conducted upon the premises; the number of persons, families or other group units to reside in or use said building; the public, quasi-public or private nature of the use of premises; upon any other base or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. (b) The Commission of the City of Gainesville may by ordinance elect to use the powers and authority granted in the General Laws of Georgia and any amendments thereto (General Planning Enabling Act of 1957, Ga. Laws 1957, p. 420, as amended) for the preparation and amendment of overall plans for the orderly growth and development of said city; providing for the regulation of the subdivision of land; and for providing for the regulation of grading and soil erosion and the regulation of structures in mapped streets, public building sites, and public open spaces.

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Section 5.23. Building, Electrical and Plumbing Regulations . The Commission shall have the power and authority to enact such reasonable rules and regulations as they may deem necessary or expedient regarding the construction of buildings, remodeling of buildings, plumbing, gas installation, 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 Commission, be exercised by adoption of any such standard building, electrical, gas and plumbing codes as may be deemed appropriate. The Commission shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees for inspection and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, gas, electrical or plumbing work. The Commission may enact all ordinances necessary to enforce such rules and regulations. Section 5.24. Abatement of Nuisance . The Commission is hereby empowered to define a nuisance in the City of Gainesville and to provide for its abatement. The Municipal Judge of the City of Gainesville shall have jurisdiction of all nuisance abatement proceedings therein. The Commission may provide by ordinance for any building, structure, or condition maintained in violation of any law of this State or any ordinance of the City of Gainesville, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from said city to do so. The Commission may by ordinance provide for the issuance of an execution for the expense of abatement which shall be a lien upon the property on which such nuisance existed. CHAPTER 6 Elections Section 6.10. Applicability of General Laws . 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. Section 6.11. Regular Elections; Time for Holding; Nominations; Voting . (a) The regular election date for the holding of municipal

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elections of the City of Gainesville shall be the first Tuesday in December of each year. (b) 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. (c) The entire electorate of the city shall be entitled to vote in elections for commissioners required to reside in a specified ward. (d) The Commission 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. Section 6.12. Filling Vacancy by Special Election . In the case of the death, resignation, removal from office, or vacation from office of any commissioner as provided for in this Charter, the city clerk shall proceed to call an election to fill such vacancy, and such election shall be called and held as in the case of an election held to elect to fill a vacancy caused by a recall election as in this Act provided for. Section 6.13. Wards . 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

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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 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

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Morningside Drive to Parkhill 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 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 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

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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 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 it 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

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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. (a) 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 expired 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. (b) 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 (a) 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.

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(c) 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 expire on December 31, 1980. Said first commissioners from Wards One and Four shall be elected at the city elections of 1980 and shall take office on the first day of January 1981 and for terms of three years and until their successors are elected and qualified. (d) Successors to the commissioners elected from Wards One through Five as provided in subsections (a), (b) and (c) 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 the first day of January immediately following their election for terms of three years and until their successors are elected and qualified. (e) The Commission of the City of Gainesville shall review the boundaries of the wards established by 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. CHAPTER 7 Municipal Court Section 7.10. Municipal Court of Gainesville; Seal. The Municipal Court of Gainesville, Georgia, shall have a seal which shall contain the following words: Municipal Court of Gainesville, Georgia and in the center the word Seal. Section 7.11. Jurisdiction of Court. The Municipal Court of Gainesville shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Gainesville and to punish for violations thereof, and shall have jurisdiction and authority to try all offenses occurring within the territorial limits of the City of Gainesville, Georgia, which under the laws of Georgia are now and hereafter placed within the jurisdiction of court of this

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nature and to punish for violations of the same, to the extent of and in accordance with the provisions of such laws. Sessions of the court shall be scheduled by the judge, with proper notice to the parties concerned. Section 7.12. Punishment. Upon violation of any law, statute or ordinance over which this court has jurisdiction, the judge of this court shall have the power to impose fines not exceeding five hundred dollars ($500.00) and to impose imprisonment for a period of not more than ninety (90) days, or both such fine and such imprisonment. Section 7.13. Commitment. The judge of this court shall be a justice of the peace and shall have the authority of a justice of the peace to issue warrants, to bind over, commit to jail, or admit to bail, for appearance of the next term of a court of competent jurisdiction, any person violating any criminal law within the territorial limits of the City of Gainesville. Section 7.14. Bonds and Forfeitures. The clerk, the chief of police or their designated representatives, designated in writing on file in the records of the City of Gainesville, Georgia, shall have the authority to accept cash bonds and security bonds for appearance in this court and the court may forfeit or otherwise dispose of said bonds as provided in the Code of Georgia, Sections 27-907 to 27-910, inclusive (Ga. Laws 1952, pp. 182, 183). Section 7.15. Review by Certiorari. The right of certiorari to the superior court from this court shall lie as provided by law. Section 7.16. Judge of Court. The Municipal Court of Gainesville, Georgia, shall be presided over by a judge, who shall have the authority to try any case now or hereafter made triable in such court and shall have such other authority and perform such other duties as provided by law, statute or ordinance. One or more additional regular judges shall be appointed when required, in the opinion of the Commission, by the caseload of the court. Section 7.17. Appointment and Removal of Judge. (a) The judge shall be appointed by the Commission of the City of Gainesville for a term of two (2) years.

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(b) The judge may be removed at any time for good cause, by a majority vote of the Commission. Before removal, however, written charges must be preferred against him, which written charges must be signed by one or more of the Commissioners. The judge must be furnished a copy of the written charges, together with notice of the time and place of the hearing, which must not be less than five (5) days after serving the judge of a copy of the charges. Such hearing shall be public and the judge shall have the right to call witnesses in his own behalf and examine witnesses which appear before the Commission against him. The action of the Commission in removing or in refusing to remove the judge shall be final and there shall be no appeal from the action of the Commission. (c) Upon any vacancy occurring for any reason during a term of the municipal court judge, a new judge shall be appointed for the remainder of the two-year term during which the vacancy occurred. Section 7.18. Qualifications of Judge. The judge of the municipal court shall be of good moral character. He shall be at least twenty-five (25) years of age at the time of his appointment and shall have been a citizen and resident of the City of Gainesville for at least two (2) years preceding his appointment. In addition thereto, he shall have been admitted to the bar of Georgia and shall have at least five (5) years experience in the practice of law. He shall hold no other municipal office during his tenure as judge. Section 7.19. Salary of Judge. The salary of the judge shall be fixed by the Commission. Section 7.20. Disqualification. In the event of the disqualification, illness or absence from the city of the judge, the mayor or any commissioner may act as judge pro hac vice, or the Commission may appoint in writing a practicing attorney of the bar of Georgia who is a citizen and resident of Gainesville as judge pro hac vice. Any judge so appointed shall have all the power and authority of judge while acting as such. Section 7.21. Solicitor of Court. The Municipal Court of Gainesville, Georgia, shall have a solicitor, whose duties are to prosecute persons charged with violating ordinances of the city or of any other law over which the municipal court has jurisdiction; to assist the judge and other officers and personnel of the court in achieving

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justice in all cases; and to perform such other duties as are or may be required by law or by ordinance or which necessarily appertain to this office. Section 7.22. Appointment and Removal of Solicitor. The solicitor of the municipal court shall be appointed by the Commission of the City of Gainesville for a term of two (2) years. The solicitor may be removed at any time by the Commission of the City of Gainesville, at its sole discretion. Section 7.23. Qualifications of Solicitor. The solicitor of the municipal court must be of good moral character and shall have been a resident and citizen of the City of Gainesville for at least one (1) year at the time of his appointment and shall have been admitted to the bar of Georgia and shall have practiced law for at least one (1) year at the time of his appointment. Section 7.24. Salary of Solicitor. The salary of the solicitor shall be fixed by the Commission. Section 7.25. Clerks of Court. There shall be a clerk of the Municipal Court of Gainesville and there may be an assistant clerk of the Municipal Court of Gainesville. Section 7.26. Appointment and Removal of Clerks. The secretary of the Commission of the City of Gainesville shall be the clerk of the municipal court. In addition, the clerk may designate an assistant clerk of the court to assist him in the performance of his duties. The assistant clerk shall serve at the discretion of the clerk, who may remove said assistant clerk at any time at his sole discretion. Section 7.27. Duties of Clerks. It shall be the duty of the city clerk and/or the assistant clerk to perform such duties relative to the operation of the municipal court as the judge shall direct, and perform all such other duties as are required or permitted by law or ordinance. Section 7.28. Contempt. Any person held in contempt of court may be fined for such contempt not exceeding fifty dollars ($50.00) and may be imprisoned for such contempt not exceeding twenty (20) days, or both.

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Section 7.29. Oaths to be Administered to Judge and Solicitor. (a) The following oath shall be administered to the judge of the municipal court by the secretary to the City Commission upon said judge assuming office: I do solemnly swear that I will carry out the duties of judge of the Municipal Court of Gainesville, Georgia, in accordance with the law, that I will act impartially in deciding issues between the municipality and persons accused of violating ordinances of the municipality, and that I will conduct myself and the affairs of the municipal court in such a manner as will reflect credit upon the municipality in its administration of justice. (b) The following oath shall be administered to the solicitor of the municipal court by the secretary of the City Commission upon his assuming the office of solicitor: I do solemnly swear that I will conduct the office of the solicitor of the Municipal Court of Gainesville, Georgia, in accordance with the law, that I will prosecute all cases made in said court to the very best of my ability, and that I will so conduct myself in carrying out the duties of the office in such a manner as will reflect credit upon the municipality in its administration of justice. CHAPTER 8 Interim and General Provisions Section 8.10. Initial Election. (a) The commissioners in office on the effective date of this Act shall serve out the term for which they were elected. (b) The commissioners shall serve for terms of three years. Section 8.11. Official Bonds. The officers and employees of the City of Gainesville, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Commission may from time to time require. Premiums on such bonds shall be paid by the city. Section 8.12. Existing Ordinances, Etc. Existing ordinances and resolutions of the City of Gainesville not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended by the Commission. Existing rules and regulations of departments or agencies of the City of Gainesville not inconsistent with the provisions of this charter shall continue into effect until they have been repealed, modified or amended.

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Section 8.13. General Laws May be Used. The Commission, in its discretion, may elect to use the provision of any general laws of the State in addition to or instead of the provision of this charter. Section 8.14. 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 8.15. Severability. If any article, Section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 8.16. Effective Date. This charter shall be effective upon its approval by the Governor or upon its becoming law without his approval. Section 8.17. Specific Repealer. (a) 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 by the City of Georgia Laws 1922, page 834, as amended, is hereby repealed in its entirety. (b) Except to the extent that provisions are provided for and saved by this Act, all charters for the city and amendments thereto, including Ga. Laws 1873, p. 139, Ga. Laws 1877, p. 163, and Ga. Laws 1922, p. 834, are hereby repealed. Section 8.18. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Appendix I Powers The corporate powers of the city shall include the following: (1) To create in addition to the debt of 7 percentum of the assessed value of all the taxable property in said city authorized in Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, an additional debt, incurred at one or more times, not to exceed in the aggregate, 3 percentum of the assessed value of all the taxable property in the city; (2) To enter into contracts of insurance with any insurance company authorized to transact business in the city, insuring the employees of the city or any class or group thereof under a policy or policies of group insurance, or more than one class of such insurance, and to contract with any such insurance company or companies granting annuities or pensions, and for any and all such purposes to appropriate use of the treasury funds sufficient to pay the difference between the amount collected from or contributed by the city employees and the total amount of premium charges incident to the issuance and continuation of such policy or policies; and to levy and collect a tax for such purposes; (3) To condemn property within and without its corporate limits anywhere in the State of Georgia, for municipal purposes, including without limitation public buildings, public schools and playgrounds, public recreational facilities, a water plant and distributing system, sewerage disposal plants and systems, handling and disposing of garbage, trash or other refuse, a generating plant for electricity and an electricity distribution system, a gas plant and gas distribution system, public streets and sidewalks, public parking spaces, industrial parks and other public purposes and improvements. The powers and authority herein granted are cumulative and shall be in addition to any other powers heretofore granted the city; (4) To operate water and sewer plants and systems both inside and outside its corporate limits, to fix the rates to be paid by the users of the water or sewage treated by said system and to enact ordinances and pass rules and regulations governing the operation of such plant and system and the use of water therefrom. The

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powers and authority herein granted are cumulative and are in addition to any authority heretofore granted the city; (5) To use the ground or soil under any road, railroad, highway, street, lane, alley or square, within the city limits or elsewhere within this State, for the purpose of constructing or enlarging the water and sewage works or electric plant, upon condition that such road, railroad, highway, street, lane, alley, or square shall not be permanently injured and all damages done thereto shall be repaired; (6) To require payment for the use or rent of water, sewage or electricity, garbage service and trash or other refuse service furnished by the city in or upon any building, place or premises, and in case prompt payment shall not be made, to shut off all water, sewage or electricity, garbage service, as the case may be, from such building, place or premises with such service, until the arrears, with the interest due thereon, shall be fully paid, with all expenses for shutting off and turning on such services and removing and returning any fixtures, with any other necessary or consequent expenses; to issue, through the city clerk, executions for any sums due the city for the use or rent of such services against any delinquent, which execution shall be a lien on the property of such debt or for such services, from the date of its issuance which execution shall be levied by the chief of police of the city and property advertised and sold, and other proceedings had in the same manner as sales for taxes due the city, and the purchaser at such sale shall acquire absolute title; (7) To provide public parking facilities and to make a charge for the use thereof sufficient to defray the expenses of acquiring, equipping, maintaining and policing the said public parking facilities. (8) To require the owner of any railroad with tracks running on the streets, lanes, alleys or other public places of the city to pave, macadamize and drain the width of its tracks and two feet or more as the Commission in each case may determine, on each side of every line of such track now or hereafter laid thereon, under such rules, plans and specifications as the Commission shall specify. If such owner shall fail or refuse to comply with the order of the Commission to make such improvements after receiving thirty days' notice to do said work, a reasonable time being given in which said

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work shall be completed after being begun, then such work may be done by the Commission at the cost and expense of such owner and such cost and expense shall be charged against such owner, and the city shall be entitled to a lien for the full amount of such cost and expense against the property of such owner, which may be enforced against such property as hereinafter provided for the enforcement of other liens for paving; (9) To exercise all power and authority necessary to declare and enforce a quarantine; (10) To light streets, alleys, sidewalks, and other places and have them kept free of obstructions; (11) To regulate the width of sidewalks; (12) To provide for curbing, paving, drains and gutters and to require that they be kept clean and in good order by the owners or occupants thereof; (13) To establish, regulate and prescribe the time of holding markets; (14) To prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; (15) To prevent hogs, cattle, horses, sheep, and other animals and fowl of all kinds, from going at large in the city; (16) To protect places of divine worship wherever held in the city; (17) To regulate the keeping of gunpowder and other combustibles; (18) To provide, in or near the city, places of burial of the dead, and to regulate interments therein; (19) To regulate the construction of houses and other structures and the making of division fences by the owners of adjacent premises, and the draining of lots by proper drains and ditches;

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(20) To make regulations guarding against danger or damage of fire; (21) To protect the property and person of the citizens of the city, and to preserve peace and good order therein; and for this purpose, to appoint when necessary, a police force to assist in the discharge of such duties; (22) To prescribe the powers and define the duties of the officers of the city, fix their term of service and compensation; (23) To authorize or prohibit the erection of gas works, or waterworks in the city and to prevent injury to, or pollution of, the same, or to the water, or healthfulness of the city; (24) To regulate the sale of any drink used as a beverage which contains any alcohol or other intoxicating spirits; (25) To have complete control of the manufacturing, wholesaling and retailing of spirituous and malt liquors within the city; and set the license fees or taxes. Notice of Intent to Introduce Legislation. Notice is given that there will be introduced at the regular 1979 Session of the General Assembly for the State of Georgia, a Bill to amend the Charter of the City of Gainesville, Georgia by creating a new Charter for the City of Gainesville, Georgia; to provide for Incorporation and boundaries; to provide for powers; to provide for commission form of government; to provide for organization and administration; to provide for Civil Service System; to provide for a retirement system; to provide for financial and fiscal administration; to provide for municipal services and regulatory functions; to provide for elections; to provide for a municipal court; to provide for interim and general provisions; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 15th day of January, 1979.

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/s/ Joe T. Wood Representative Ninth District, Post one /s/ Robert W. Lawson, Jr. Representative Ninth District, Post two /s/ Jerry Jackson Representative Ninth District, Post three /s/ Howard T. Overby State Senator, Ninth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Gainesville Tribune which is the official organ of Hall County, on the following dates: January 17, 24, 31, 1979. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF MILLEDGEVILLETAX ASSESSMENTS. No. 123 (Senate Bill No. 229). AN ACT To amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, so as to repeal the provisions relating to the selection of tax assessors, appeals from assessments, evidentiary hearings relative to assessments and notice of assessments; to provide that the provisions of a certain Act shall remain repealed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, is hereby amended by striking and repealing in their entirety the following Sections: (a) Section XXXVII, relating to selection of tax assessors; (b) Section XXXVIII, relating to appeals from assessments; (c) Section XXXIX, relating to evidentiary hearings relative to assessments; (d) Section XL, relating to notice of assessments. Section 2 . The provisions of an Act authorizing city assessors for the City of Milledgeville, approved September 28, 1889 (Ga. Laws 1888-89), and repealed by the Act of 1900 establishing a new charter for the city shall remain repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular

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1979 Session of the General Assembly of Georgia, a bill to amend and 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 22nd day of January, 1979. /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 The Union Recorder which is the official organ of Baldwin County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal.) Approved April 11, 1979.

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WILKES COUNTYCLERICAL ASSISTANCE FOR JUDGE OF PROBATE COURT. No. 124 (Senate Bill No. 238). AN ACT To amend an Act placing the Sheriff, the Judge of the Probate Court and the Clerk of the Superior Court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. Laws 1963, p. 2083), as amended, so as to change the provisions relating to clerical assistance 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 Sheriff, the Judge of the Probate Court and the Clerk of the Superior Court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. Laws 1963, p. 2083), 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 Judge of the Probate Court of Wilkes County shall be compensated as provided by general law. Said salary shall be payable in twelve equal monthly installments to be paid on the last business day of each calendar month from the funds of Wilkes County. The judge of the probate court shall have the authority to appoint one clerk who shall be compensated in the amount of not less than minimum wage. The wage to be paid shall be determined by the board of commissioners. The board shall authorize and determine the number of hours the clerk may be allowed to work. It shall be within the sole power and authority of the judge of the probate court, during each term of office, to designate and name the person or persons who shall be employed as the clerk and to remove or replace such clerk at will and within his sole discretion. The probate judge shall prescribe the duties and assignments of the clerk. The board of commissioners shall furnish suitable office equipment and supplies to the probate judge's office so as to provide for its efficient operation. The cost of such supplies and equipment shall be borne by the county.

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Section 2. This Act shall become effective July 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 1979 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff, Judge of the Probate Court and Clerk of the Superior Court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. Laws 1963, p. 2083), as amended; and for other purposes. This 11th day of January, 1979. /s/ Sam P. McGill Senator, 24th District /s/ Ben Barron Ross Representative, 76th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following dates: January 11, 18, 25, 1979. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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WILKES COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 125 (Senate Bill No. 239). AN ACT To amend an Act recreating the Board of Commissioners of Wilkes County, approved April 17, 1975 (Ga. Laws 1975, p. 2979), so as to change the compensation provisions relating to the members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act recreating the Board of Commissioners of Wilkes County, approved April 17, 1975 (Ga. Laws 1975, p. 2979), 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. Board; Compensation. The chairman of said board shall receive for his services the sum of $2,400.00 per year, payable monthly at the rate of $200.00. The remaining members of the board of commissioners shall receive for their services the sum of $100.00 per day when in actual attendance at a regular board meeting of said board and $50.00 per day when in attendance at a called board meeting, but in no case shall they receive more than $1,500.00 during any one calendar year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act re-creating the Board of Commissioners of Wilkes County, approved April 17, 1975 (Ga. Laws 1975, p. 2979); and for other purposes.

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This 11th day of January, 1979. /s/ Sam P. McGill Senator, 24th District /s/ Ben Barron Ross Representative, 76th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following dates: January 11, 18, 25, 1979. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BRUNSWICKGLYNN COUNTY CHARTER COMMISSION. No. 126 (Senate Bill No. 251). AN ACT To create the Brunswick-Glynn County Charter Commission; to provide for a short title; to provide for definitions; to provide for appointment of the members of said Commission; to provide for the organizational meetings of said Commission; to provide for the election

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of a permanent chairman; to provide for the powers and duties of said Commission; to provide that said Commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of said Commission and for the payment of same by the governing authorities of the City of Brunswick and Glynn County; to provide that said Commission shall study all matters relating to the governments of the City of Brunswick and Glynn County and matters relating to (1) the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Glynn County or the establishment of a separate municipal form of government for St. Simons Island with powers and jurisdiction within the geographical area of St. Simons Island and a single separate form of government with powers and jurisdiction throughout all other portions of the territorial limits of Glynn County and (2) the consolidation of government services with or without changes in the form of government; to provide for the powers of said Commission relating to drafting a charter or charters for the form or forms of government described in (1) above; to provide for submission of such proposed government charter or charters to the qualified voters of Glynn County for approval or rejection; to provide the manner in which such charter or charters shall be submitted to said voters; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and 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: Section 1. This Act shall be known and may be cited as the Act creating the Brunswick-Glynn County Charter Commission. This Act is pursuant to the authority granted by amendment to Article XI, Section I, Paragraph VII of the 1945 Constitution ratified at the November general election held in 1966 and set forth in Ga. Laws 1966, p. 823, and continued in force and effect by the Constitution of the State of Georgia ratified November 2, 1976. Section 2. As used in this Act, the following terms shall have the meaning or meanings ascribed to them unless the context clearly requires otherwise:

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(a) Brunswick or City of Brunswick or governing authority of the City of Brunswick shall mean the Mayor and Commissioners of the City of Brunswick. (b) Governing authority of Glynn County shall mean the Board of Commissioners of Glynn County. (c) Charter Commission or Commission shall mean the Brunswick-Glynn County Charter Commission provided for in this Act. (d) Geographical area of St. Simons Island shall mean that area bounded on the north by the Glynn County/McIntosh County boundary line, on the east by the Atlantic Ocean and on the south and west by the present boundary line of the city limits of the City of Brunswick, including Sea Island. In the event it is determined that residents of Sea Island do not desire to be included, the Sea Island portion of this area may be excluded. Section 3. (a) There is hereby created the Brunswick-Glynn County Charter Commission which shall consist of not less than fifteen members who shall be appointed as hereinafter provided. (b) For the purpose of appointing members of the Brunswick-Glynn County Charter Commission, Glynn County shall be divided into five commission districts as follows: District 1 Glynn Dock Junction CCD 10 ED's 22, 23 and 24 Everett CCD 15 ED's 9, 10, 11 and 12 Thalmann CCD 25 ED's 13 and 14 ED 15B, except that portion which is located on Jekyll Island District 2 Glynn St. Simons CCD 20

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Thalmann CCD 25 ED 15A ED 15B, that portion located on Jekyll Island District 3 Glynn Dock Junction CCD 10 ED's 16, 17, 18, 19, 21A, 21B and 21C District 4 Glynn Brunswick CCD 5 ED's 25, 26, 27, 28, 38, 40, 42, 43 and 9900 Dock Junction CCD 10 ED 20 District 5 Glynn Brunswick CCD 5 ED's 29, 30, 31, 32, 33, 34, 35, 36, 37, 39 and 41. For the purposes of this Section the designation CCD shall mean Census County Division; and the designation ED shall mean Enumeration District. The terms Census County Division and Enumeration District shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. (c) Four members shall be appointed by the governing authority of the City of Brunswick, two each from commission district 4 and commission district 5. Six members shall be appointed by the governing authority of Glynn County, two each from commission district 1, commission district 2 and commission district 3. Each member appointed shall be a resident of the district from which appointed at the time of his appointment and during his term of office on the Charter Commission. Five at-large members residing anywhere in Glynn County shall be appointed by the legislative delegation to the General Assembly representing all or portions of Glynn County.

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(d) To be eligible for appointment, a person must be at least 21 years of age and shall have been a resident of the State for two years and a resident of Glynn County for one year at the time of appointment. If a vacancy should occur on said Commission for any reason, the appointing authority shall promptly fill the same. Except for the election of a permanent chairman as provided in subsection (a) of Section 4, a majority of the members shall constitute a quorum for the transaction of business. Section 4. (a) The Charter Commission shall hold an organizational meeting within 30 days after the approval of this Act by the Governor or its otherwise becoming law. The Mayor of the City of Brunswick and the Chairman of the Board of Commissioners of Glynn County shall call such organizational meeting. In calling said organizational meeting, the Mayor of the City of Brunswick and the Chairman of the Board of Commissioners of Glynn County shall designate to the members of the Charter Commission the date, time and place that said organizational meeting shall be held. The first order of business at said organizational meeting shall be the election of a permanent chairman who shall be elected by majority vote of all members of the Commission. In case a vacancy should occur in the post of permanent chairman, the successor shall be elected by a majority of all members of the Commission after such vacancy is filled as herein provided. (b) After organization and election of a permanent chairman, said Charter Commission shall be authorized to elect a secretary, who need not be a member, and such officers as it shall deem necessary among its members. Said Charter Commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Brunswick and Glynn County and in drafting a charter or charters for such form or forms of government within Glynn County in the event said Charter Commission determines such form or forms of government should be created as hereinafter provided. Said Charter Commission shall not employ for pay any person who holds any public office where the holder of such public office is elected by the people to assist it in making its studies and drafting such charter or charters as herein provided. (c) The members of the Charter Commission shall not receive per diem or other compensation for their services except reimburement

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for actual expenses incurred by them in carrying out their duties as members of the Charter Commission. The staff employed by said Charter Commission shall be paid compensation as determined by said Commission within the limits of the funds available to it under the provisions of this Act. The governing authority of the City of Brunswick and the governing authority of Glynn County are hereby authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of said governing authorities shall initially appropriate not less than $7,500.00 for said Charter Commission, and the treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of said Charter Commission and by one other member of said Commission designated by the chairman. Said governing authorities shall appropriate such additional funds, in equal amounts, as may be necessary to meet the expenses of said Charter Commission, provided such additional expenditures shall be first approved by each of such governing authorities. All public officials, upon request, shall furnish the Charter Commission with information and assistance necessary or appropriate for it to carry out its duties. Section 5. The Brunswick-Glynn County Charter Commission shall study all matters relating to the governments of the City of Brunswick and Glynn County and matters relating to (1) the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Glynn County or the establishment of a separate municipal form of government for St. Simons Island with powers and jurisdiction within the geographic area of St. Simons Island and a single separate form of government with powers and jurisdiction throughout all other portions of the territorial limits of Glynn County and (2) the consolidation of government services with or without changes in the form of government. Said Charter Commission shall make such recommendations, at the time provided for hereinafter, to the governing authorities of the City of Brunswick and Glynn County concerning any changes in the governments of the City of Brunswick and Glynn County which the studies of said Charter Commission indicate are necessary or desirable. Said Charter Commission shall be further authorized, if its studies so indicate, to draft a charter or charters creating a single government or governments, which government or governments may supersede and replace the existing governments of the City of Brunswick and Glynn County and may also supersede and replace

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any public authorities and special service districts located and operating within Glynn County, except as prohibited by Ga. Laws 1966, p. 823, amending Article XI, Section I, Paragraph VII of the 1945 Georgia Constitution and continued in force and effect by the Constitution of the State of Georgia ratified November 2, 1976. Section 6. (a) In the event said Charter Commission determines that a charter should be drafted to create a government or governments as provided in Section 5, said Charter Commission shall be authorized to draft a proposed charter or charters creating such government or governments which shall be submitted to the qualified voters of Glynn County as hereinafter provided. (b) In the event said Charter Commission determines that such government charter or charters should be drafted, the General Assembly hereby delegates its powers to said Charter Commission to draft a proposed government charter or charters which may include any provisions necessary to effectuate the purposes thereof. To that end and without limiting the generality of the foregoing, the General Assembly hereby authorizes said Charter Commission to draft a proposed charter or charters which may provide for any one or more or a combination of the following: (1) the abolishment of the existing governments of the City of Brunswick and Glynn County and for the creation of a new single government having all powers formerly exercised by the City of Brunswick and Glynn County and having such other powers as may be necessary or desirable, including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties or both by the Constitution of Georgia or by other provisions of law, the form and composition of said new government to be as said charter shall provide; (2) the abolishment of the existing governments of the City of Brunswick and Glynn County and the creation of: (A) a new municipal government for St. Simons Island having such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities by the Constitution of Georgia or by other provisions of law, the form and composition of said new government to be as said charter shall provide;

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(B) a new single government for all other portions of Glynn County and the City of Brunswick as set forth in (1) above; (3) the new government or governments to continue to be eligible or become eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants-in-aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or federal programs; (4) the abolishment or modification of any one or more public offices, including coroner, county surveyor, tax collector, tax receiver and county treasurer, or positions of public employment of the City of Brunswick and Glynn County; and for the abolishment or modification of any public authorities and special service districts located within Glynn County, whether created by law or by provisions of the Constitution of Georgia, except as otherwise provided in Section 5 of this Act; and for the transfer of all powers, duties and obligations of such authorities and districts to the new government or governments in such manner as said charter or charters shall provide; and, as further cumulative of its powers, to provide for administrative division or changes with reference to the duties and responsibilities of any other public office or official as said Commission shall deem necessary for the efficient functioning thereof; (5) the creation of the governing authority or authorities of the new form or forms of government, including the number of members of said governing authority or authorities, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal and all other matters incidental or necessary to the creation of said governing authority or authorities; (6) the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said government or governments and all other matters necessary or incidental thereto;

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(7) the creation of two or more taxing districts whereby taxes shall be assessed, levied and collected by said government or governments in accordance with the kind, character, type and degree of services provided by said government or governments within said taxing districts, provided the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district; (8) the assumption by said government or governments of all bonded indebtedness and all other obligations of whatever kind of the City of Brunswick and Glynn County and for an equitable method by which said government or governments shall assume the payment of any obligations of the City of Brunswick and Glynn County issued under the Revenue Bond Law; (9) the transfer to said government or governments (as appropriate to the geographical area of each such government) of the assets, contracts and franchises of the City of Brunswick and Glynn County; (10) the purposes for which said government, governments or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such government or governments or any agency thereof; (11) the method or methods by which said charter may be amended; (12) such other provisions in said charter or charters as may seem necessary so as to achieve the objectives of consolidation of the functions of the City of Brunswick and Glynn County and the creation of an efficient, economical and responsive successor government or governments; and the powers herein granted to said Charter Commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. (c) Said Charter Commission is authorized to contract with any public or private institution or body for any special studies or assistance

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as it shall deem necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to it by the respective governing bodies. (d) Any successor government created and established hereunder shall, without the necessity or formality of deed, bill of sale or other instrument of transfer, be and become the owner of all property, assets and rights previously belonging to the City of Brunswick and Glynn County, which property assets and rights pertain to the geographic area of that new government. (e) Nothing in subsections (b), (c) and (d) above shall be construed so as to authorize the Charter Commission to: (1) abolish or alter the status of the Board of Education of Glynn County or the Glynn County School System; (2) impair or diminish any civil service pension and retirement rights existing at the time of ratification of the constitutional amendment allowing the passage of this Act; (3) abolish the office of sheriff; (4) after the status of any State, county or city courts presently existing in Glynn County or the City of Brunswick; (5) impair or diminish any homestead exemption from taxation now or hereafter specified in the Constitution. Section 7. During the course of its studies, said Charter Commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of Brunswick and Glynn County regarding the work of the Charter Commission. In the event the Charter Commission drafts a government charter or charters, it shall hold at least three public hearings to review and provide information concerning proposed provisions of said government charter or charters. Said Charter Commission shall cause the date, time and place of such hearings to be advertised in the official organ of Glynn County at least twice during the week immediately preceding the week during which such public hearings are held. Said Charter Commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided herein.

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Section 8. (a) Said Charter Commission shall complete its study and make its recommendations regarding any changes that should be made in the governments of the City of Brunswick and Glynn County within 12 months after the date of its initial meeting or, in the event said Charter Commission drafts a proposed charter or charters creating a new government or governments, said proposed charter or charters shall be prepared, completed and filed within 12 months after the date of its initial meeting; provided, however, the time for making such recommendations or for filing such proposed charter may be extended for such period of time as may be authorized by a resolution duly adopted by the governing authority of the City of Brunswick and by a similar resolution being duly adopted by the governing authority of Glynn County. (b) Certified copies of such recommendations or of such proposed charter or charters, as the case may be, shall be filed by said Charter Commission with the clerk of the governing authority of the City of Brunswick and with the clerk of the governing authority of Glynn County and shall be authenticated by the signature of the chairman of said Commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) Said Charter Commission shall also furnish or make available to every daily or weekly newspaper published in Glynn County and to each radio station operating within said county a complete copy of such recommendations or proposed charter or charters, as the case may be, and shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of such recommendations or proposed charter or charters. Said Charter Commission shall also cause summaries of such recommendations or proposed charter or charters to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) Said Charter Commission is hereby authorized to adopt such rules and regulations as it shall deem necessary or desirable to carry out its powers and perform its duties and functions as provided in this Act.

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Section 9. (a) In the event said Charter Commission makes recommendations regarding proposed changes in the governments of the City of Brunswick and Glynn County and does not draft a proposed charter or charters to create a new government or governments, certified copies of such recommendations, as provided in subsection (b) of Section 8, shall also be submitted to each member of the General Assembly whose district is within or whose district includes Glynn County. (b) In the event said Charter Commission drafts a proposed charter or charters to create a new government or governments, a certified copy of such proposed charter or charters, as provided in subsection (b) of Section 8, shall also be submitted to the Judge of the Probate Court of Glynn County; and it shall be the duty of said judge of the probate court to call and hold a special referendum election for ratification or rejection of said proposed charter or charters as provided in Section 10. (c) Said Charter Commission shall be abolished by operation of law on midnight of the day the special referendum election for ratification or rejection is held. Section 10. (a) Not less than 30 nor more than 90 days after receipt of the certified copy of such proposed charter or charters and after receipt of the approval by the Justice Department of such proposed charter or charters, it shall be the duty of the Judge of the Probate Court of Glynn County to issue the call for an election for the purpose of submitting said charter or charters to the qualified voters of Glynn County, including the City of Brunswick, for approval or rejection. No charter shall be submitted if it has not been approved by the Justice Department. The judge of the probate court shall set the date of such election for a day not less than 15 nor more than 30 days after 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 Glynn County. The ballot shall have written or printed thereon the following: For approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single countywide government to supersede and replace said governments.

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Against approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single countywide government to supersede and replace said governments., or For approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and replace the present governments of the City of Brunswick and Glynn County. Against approval of the charter incorporating St. Simons Island as a separate municipality and approval of the charter creating a new single government for all the remaining area of Glynn County, including the City of Brunswick, which charters shall supersede and replace the present governments of the City of Brunswick and Glynn County. All persons desiring to vote in favor of said charter or charters shall vote for approval, and those persons desiring to vote for rejection of said charter or charters shall vote against approval. If more than one-half of the votes cast are for approval of said charter or charters, then said charter or charters shall become effective as provided hereinafter, otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Brunswick and Glynn County. (b) The Judge of the Probate Court of Glynn County is hereby authorized to name assistants to help in conducting said election and may designate such number of poll managers as said judge of the probate court deems necessary and shall designate the time and places for voting at said election. Said judge of the probate court is hereby vested with authority to adopt rules and regulations governing said election and may take such measures as may be necessary to properly conduct said election. Said judge of the probate court shall also be vested with all powers conferred upon judges of the probate courts by the Georgia Election Code as set forth in Title 34 of the Code of Georgia.

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(c) A qualified voter, as used herein, shall be held to mean a voter of Glynn County qualified to vote for members of the General Assembly of Georgia. The judge of the probate court shall canvass the returns and certify the results of said election as follows: The judge of the probate court shall certify, under his hand and seal, the results of said election to the Secretary of State of Georgia and shall furnish the results thereof to the Secretary of State together with a certified copy of the charter or charters previously filed with him by said Commission. The Secretary of State shall issue his proclamation showing and declaring the result of said election on the ratification or rejection of said charter or charters, one copy of which proclamation shall be attached to the copy of the charter or charters certified to said Secretary of State, one copy of which shall be delivered to the clerk of the governing authority of the City of Brunswick who shall attach the same to the copy of the charter or charters previously certified to him, and one copy of which shall be delivered to the clerk of the governing authority of Glynn County who shall attach the same to the copy of the charter or charters previously certified to him. (d) Whenever a charter for the consolidation of the governments of the City of Brunswick and Glynn County or charters for new governments within Glynn County have been adopted, two certified copies of each such charter, with proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter or charters of said new government or governments and shall be admissible in evidence without further authentication. The certified copy of the charter or charters and proclamation deposited with the clerk of the governing authority of the City of Brunswick and the certified copy of the charter or charters and proclamation deposited with the clerk of the governing authority of Glynn County shall subsequently be delivered by them to such officer of the successor government or governments as said charter or charters shall provide. The officer of said successor government or governments to whom said copies of the charter or charters and proclamation are delivered may issue certified copies of said charter or charters authenticated by his signature as custodian and any copy so certified by him shall be admissible as original evidence in a court of law or other proceedings. The Secretary of State of Georgia is hereby authorized to issue certified copies of the charter or charters on file with him, and any copy so certified by him shall be admissible in a court of law or other proceedings as original evidence.

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Section 11. In the event the proposed single countywide government charter is ratified by the qualified voters of Glynn County as provided in Section 10, an election shall be held in accordance with the provisions of said charter to elect the members of the governing authority of said countywide government. Upon the election of the members of said countywide governing authority of said countywide government and their assuming their duties of office, the existing governments of the City of Brunswick and Glynn County shall stand abolished, all in accordance with the provisions of the charter of said countywide government. Section 12. In the event the charter proposing a separate municipal government for St. Simons Island and the charter proposing a consolidated new government for the remainder of Glynn County, including the City of Brunswick, are ratified by the qualified voters of Glynn County as provided in Section 10, elections shall be held in accordance with the provisions of said charters to elect the members of the governing authorities of said governments. Only qualified voters residing within the geographical area of St. Simons Island, as defined in the charter for that separate municipality, may vote for members of the governing body of that separate municipality. Only qualified voters residing in Glynn County outside of the geographical area of St. Simons Island, as defined above, may vote for members of the governing authority of the consolidated area of Glynn County exclusive of St. Simons Island. Upon election of the members of the new governing authorities and the assumption by them of their duties of office, the existing governments of the City of Brunswick and Glynn County shall stand abolished, all in accordance with the provisions of the charters of the new governments. Section 13. 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 14. An Act creating the Brunswick-Glynn County Charter Commission, approved March 29, 1968 (Ga. Laws 1968, p. 2914), is hereby repealed in its entirety. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to create a Brunswick-Glynn County Charter Commission; to provide for membership, duties and expenses of the Commission; to provide for the drafting of charters for forms of government under certain circumstances; and for other purposes. This 22 day of January, 1979. /s/ Dean Auten Representative, 154th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: January 24, 31 and February 7, 1979. /s/ Bill Littlefield Senator, 6th District

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Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal.) Approved April 11, 1979. PUTNAM COUNTYSHERIFF'S COMPENSATION. No. 127 (Senate Bill No. 257). AN ACT To amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, approved February 27, 1962 (Ga. Laws 1962, p. 2440), as amended, so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, approved February 27, 1962 (Ga. Laws 1962, p. 2440), as amended, is hereby amended by striking from Section 2 the following: eight thousand five hundred ($8,500.00) dollars per annum, and inserting in lieu thereof the following: $15,000.00 per annum, so that when so amended Section 2 shall read as follows: Section 2. The Sheriff of Putnam County shall be compensated in the amount of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by said sheriff. The sheriff shall

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appoint one deputy who shall be compensated in the amount of not less than $2,400.00 and not more than $3,600.00 per annum, such compensation to be set solely in the discretion of the Board of Commissioners of Putnam County and to be paid in equal monthly installments from the funds of Putnam County. The board of commissioners shall have the discretion of whether to furnish the sheriff with an automobile and his necessary expenses connected therewith or to pay 10 per mile as mileage expense for the use of the sheriff's personal automobile in discharging the official duties of his office only. The sheriff shall receive from county funds, for each prisoner confined in the common jail, $1.00 per meal to feed said prisoners. Section 2. This Act shall become effective on July 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 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, the Clerk of the Superior Court and the Judge of the Probate Court of Putnam County on a salary basis, approved February 27, 1962 (Ga. Laws 1962, p. 2440); and for other purposes. This 6 day of Jan., 1979. /s/ Culver Kidd Senator, 25th District /s/ Bobby Parham Representative, 109th District I, Battle Smith, editor and publisher of The Eatonton Messenger, official organ of the County of Putnam, state of Georgia, do hereby certify that the legal Notice of Intention to Introduce Legislation did

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appear in the January 1979 issues of The Eatonton Messenger, dates 11, 18 and 25, as ordered. /s/ Battle Smith Sloan S. Gregory Notary Public, Georgia State at Large. My Commission Expires Dec. 3, 1987. (Seal). Approved April 11, 1979. CHATHAM COUNTYEXPENDITURE OF TAX FUNDS FOR REAPPRAISAL OF PROPERTY. No. 128 (Senate Bill No. 259). AN ACT To amend an Act creating and organizing Commissioners of Chatham County, who shall be ex officio judges, approved February 21, 1873 (Ga. Laws 1873, p. 235), as amended, so as to prohibit certain expenditures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and organizing Commissioners of Chatham County, who shall be ex officio judges, approved February 21, 1873 (Ga. Laws 1873, p. 235), as amended, is hereby amended by adding a new Section after Section V, to be designated Section V. 1, to read as follows: Section V.1. The commissioners may not authorize the expenditure of, or expend, any funds for reappraisal of property for purposes of ad valorem taxation more often than one year in each five years. 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 1979 session of the General Assembly of Georgia a bill to amend an Act creating and organizing Commissioners of Chatham County, who shall be ex officio judges, approved February 21, 1873 (Ga. Laws 1873, p. 235), as amended; to repeal conflicting laws; and for other purposes. This 25th day of January, 1979. /s/ Charles H. Wessels Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles H. Wessels who, on oath, deposes and says that he is Senator from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette and Journal Record which is the official organ of Chatham County, on the following dates: January 29, 1979, February 5, 12, 1979. /s/ Charles H. Wessels Senator, 2nd District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal.) Approved April 11, 1979.

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TOWNS COUNTYCOMPENSATION OF SHERIFF AND DEPUTIES. No. 129 (Senate Bill No. 260). AN ACT To amend an Act placing the Sheriff of Towns County on an annual salary, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2216), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2824), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3606), so as to change the provisions relative to the compensation of the sheriff and deputies; to provide for liability insurance; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Towns County on an annual salary, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2216), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2824), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3606), is hereby amended by striking from Section 2 thereof the following: $12,500.00, and substituting in lieu thereof the following: $15,000.00, so that when so amended Section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Towns County. Section 2. Said Act is further amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a), to read as follows:

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(a) The sheriff shall be authorized to employ a chief deputy and fix his compensation at not less than $900.00 nor more than $950.00 per month. The sheriff shall also be authorized to employ an additional deputy and fix his compensation at not less than $850.00 nor more than $900.00 per month. The governing authority of Towns County, with the approval of the sheriff, shall be authorized to increase the compensation of such personnel, notwithstanding the limitations provided for herein, to such amount as the governing authority shall determine. The compensation of other deputies employed by the sheriff shall be not less than $850.00 and not more than $900.00 per month. The compensation of such personnel shall be paid from the funds of Towns County. Section 3. 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 sheriff may purchase liability insurance to protect the sheriff and his deputies and employees from liability for acts or omissions arising out of or related to the performance of their duties. Said sum shall be paid from the funds of Towns County. The sheriff shall be authorized to purchase such insurance as he shall deem necessary, acting in 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of Georgia, a bill to amend an Act, placing the sheriff of Towns County on an annual salary, approved June 30, 1964, (Ga. laws 1964, ex. session, p. 2216), so amended to change certain provisions relating to compensation and benefits of the Sheriff and his deputies; and for other purposes. This 30th day of January, 1979.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on the following dates: February 2, 9, 16, 1979. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. TOWNS COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 130 (Senate Bill No. 261). AN ACT To amend an Act placing the Clerk of the Superior Court of Towns County on a salary, approved March 23, 1977 (Ga. Laws 1977, p. 3972), so as to change the compensation of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Towns County on a salary, approved March 23, 1977 (Ga. Laws 1977, p. 3972), is hereby amended by striking from Section 1 thereof the following: $9,500.00, and substituting in lieu thereof the following: $11,500.00, so that when so amended Section 1 shall read as follows: Section 1. The present method of compensating the Clerk of the Superior Court of Towns County is hereby abolished. Said officer shall receive for his services as such an annual salary of $11,500.00 payable in equal monthly installments from the funds of Towns 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 1979 session of the General Assembly of Georgia, a bill to amend an Act, placing the Clerk of the Superior Court of Towns County on a salary, approved March 23, 1977, (Ga. Laws 1977, p. 3972), so as to change the compensation of the Clerk and other purposes. This 30th day of January, 1979. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes

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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 Towns County Herald which is the official organ of Towns County, on the following dates: February 2, 9, 16, 1979. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal.) Approved April 11, 1979. TOWNS COUNTYTAX COLLECTOR'S SALARY. No. 131 (Senate Bill No. 262). AN ACT To amend an Act placing the Tax Collector of Towns County on a salary, approved March 30, 1977 (Ga. Laws 1977, p. 4464), so as to change the compensation of the tax collector; to provide 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 Collector of Towns County on a salary, approved March 30, 1977 (Ga. Laws 1977, p. 4464), is hereby amended by striking from Section 1 thereof the following:

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$10,500.00, and substituting in lieu thereof the following: $12,500.00, so that when so amended Section 1 shall read as follows: Section 1. The present method of compensating the Tax Collector of Towns County is hereby abolished. Said officer shall receive for his services as such an annual salary of $12,500.00 payable in equal monthly installments from the funds of Towns 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 1979 session of the General Assembly of Georgia, a bill to amend an Act, placing the Tax Collector of Towns County on a salary, approved March 30, 1977, (Ga. Laws 1977, p. 4464), so as to change the compensation of the Tax Collector; and for other purposes. This 30th day of January, 1979. 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 Towns County Herald which is the official organ of Towns County, on the following dates: February 2, 9, 16, 1979. /s/ John C. Foster Senator, 50th District

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Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CITY OF FLOWERY BRANCHNEW CHARTER. No. 132 (Senate Bill No. 265). AN ACT To create a new charter for the City of Flowery Branch; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the city; to create a mayor's court and provide for the jurisdiction, practice, procedure and personnel thereof; to provide for bonds; to provide for the sale of city property; to provide for eminent domain; to provide for the continuation of the present mayor and councilmen; 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:

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ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name. This Act shall constitute the charter of the City of Flowery Branch. The city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of City of Flowery Branch, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries. (a) The corporate limits of the City of Flowery Branch shall be those existing on January 1, 1979. (b) The city council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries. Section 1.3. Powers and construction. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific enumeration or failure to enumerate particular powers shall not be construed as limiting or restricting the powers of the city. Section 1.4. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be executed in accordance with the provisions of this charter, ordinances of the city, and pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.1. City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five 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 2.2. City council terms and qualification for office . No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city for at least one year prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service; and shall be registered and qualified to vote in municipal elections of the city. Section 2.3. General power and authority of the city council . Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.4. The mayor; powers and duties . The mayor shall be the chief executive officer of the city and as such shall have the following powers and duties: (a) to preside at all meetings of the city council and be recognized as the official head and spokesman of the city for service of process and ceremonial purposes; (b) to administer and enforce the ordinances, bylaws, resolutions, regulations, rules, orders and acts of the city council; (c) to vote on matters before the city council only in case of a tie, or if his vote is necessary to constitute a sufficient number to transact business; (d) to sign, for and on behalf of the city, all contracts, ordinances, instruments and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (e) to control the law enforcement agency of the city and other special officers appointed by the city council for any purpose; (f) to fulfill such other executive and administrative duties as authorized or directed by the city council. Section 2.5. Mayor pro tem . At the organization meeting the city council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the

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mayor upon declaration by the city council of the mayor's disability or absence. Section 2.6. Acting mayor . In the event of the absence, disability or disqualification of both the mayor and mayor pro tem, the remaining members of the city council shall elect an acting mayor from their number, to preside and who shall have all the powers of the mayor during the absence, disability or disqualification of the mayor and mayor pro tem. Section 2.7. Salary, compensation and expenses . (a) The mayor shall receive an annual salary of $1,800.00 and each member of the council shall receive an annual salary of $1,200.00, payable in equal monthly installments out of the funds of said city. (b) The mayor and each member of the council shall be entitled to receive their actual and necessary expenses incurred in the performance of the duties of their office. (c) The mayor and council is hereby authorized to fix the salary, compensation and expenses of the mayor and each member of the council in accordance with the provisions of an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as now or hereafter amended. Section 2.8. Organization meeting . The city council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.9. Regular and special meetings . (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.

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(b) Special meetings of the city council may be held on call of the mayor or two 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 council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two 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 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.10. Rules of procedure . The city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.

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Section 2.11. Quorum; voting . The mayor, or the mayor pro tem, or the acting mayor, and three 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 council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.12. Ordinance form; procedure . (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Flowery Branch hereby ordains..., and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.9(c). Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each council member before the same is adopted and at the same time shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.13. Action requiring an ordinance . In addition to other acts required by general State law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. Section 2.14. Codes of technical regulations . The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.12(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of

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technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.15. Section 2.15. Signing; authenticating; recording; codification; printing . (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as the Code of the City of Flowery Branch, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the 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.

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ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. Administrative and service departments . (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of the city. (b) In addition to their elective duties, individual council members may be charged with such administrative duties as the city council may prescribe by ordinance or resolution, provided such duties do not conflict with general State law. (c) The mayor and council shall fix the compensation of all appointed officers and directors of departments of the city. Section 3.2. Boards, commissions, authorities . Except as otherwise provided by this charter or general State law, the city council shall create by ordinance such boards, commissions, authorities, and other bodies to fulfill any investigative, quasi-judicial, or quasi-legislative function the council shall prescribe. The council shall prescribe the composition, period of existence, duties, powers, compensation, structure, and all other matters in connection with the operations of such boards, commissions and authorities. ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of mayor's court; name . There shall be a court to be known as the Mayor's Court of the City of Flowery Branch. Section 4.2. Mayor or mayor pro tem; court personnel . (a) The mayor or mayor pro tem shall be authorized to hold mayor's court in said city for the trial and punishment of violators of the ordinances of said city. The mayor pro tem shall be authorized to act in the absence or in the event of the disqualification of the mayor. (b) The city clerk shall perform the duties of clerk of the mayor's court, and, when required, the city attorney shall serve as

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prosecutor in said court. The city council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. Section 4.3. Terms; jurisdictions; powers . (a) The mayor's court shall convene at regular intervals as provided by ordinance. (b) The mayor's court shall try and punish for violations of all city ordinances. (c) The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or ten days in jail, or both, in the discretion of the court. (d) The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $250.00 or imprisonment for ninety days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding sixty days. (e) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (f) The mayor's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the mayor presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the mayor 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

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the same manner and to the same extent as a lien for city property taxes. (g) The mayor's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (h) The mayor'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. (i) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by general State law. (j) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the city granted by general State laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4 Appeal; certiorari . Any person convicted in recorder's court shall have the right to apply for a writ of certiorari to the Superior Court of Hall County in accordance with the provisions of Code Title 19, relating to certiorari, as now or hereafter amended. Section 4.5. Rules for court . With the approval of the city council, the mayor shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the mayor's court; provided, however, 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 mayor's court proceedings at least forty-eight hours prior to said proceedings.

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Section 4.6. Appointment of counsel for indigent . The city council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The mayor shall appoint counsel in such cases from among the attorneys at law residing in the county and those counties adjoining the county, or from among those attorneys at law who have previously consented to serve as appointed counsel in such court. Section 4.7. Appointment of judge of the mayor's court by mayor and council . The mayor and council may appoint an individual to serve as judge of the mayor's court and delegate to him all duties and authority of that office as provided in this Article. In the event of the appointment of a judge of the mayor's court, as provided herein, the compensation of such judge shall be as determined by the mayor and council. ARTICLE V ELECTIONS AND REMOVAL Section 5.1. Applicability of general law . All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.2. Regular elections; time for holding . (a) On the second Saturday in December, 1979, and on the same day in each calendar year annually thereafter, an election shall be conducted for the purpose of electing two council members who shall each serve for terms of one year. On the second Saturday in December, 1980, and on the same day in each calendar year biennially thereafter, an election shall be conducted for the purpose of electing a mayor and two council members who shall each serve for terms of two years. On the second Saturday in December, 1980, and on the same day in each calendar year triennially thereafter, an election shall be conducted for the purpose of electing one council member who shall serve for a term of three years. The mayor and council members elected at such elections shall take office on the first day of January of the calendar year following their election, and they shall serve for the terms to which they have been elected and until their successors are elected and qualified.

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(b) For the purpose of electing candidates for council members, other than the mayor, each council position shall be designated by number. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election. Section 5.3. Vacancies . In the event the office of mayor or of any one or more council members becomes vacant for any reason for cause, the council or those remaining shall call a special election, and the person so elected shall serve for the unexpired term and until his successor is elected and qualified. Section 5.4. Removal of officers . The mayor, council members, or other provided for in this charter shall be removed from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) knowingly violate any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof which shall include repeated failure to regularly attend council meetings without cause; or (f) failure for any other cause to perform the duties of office as required by this charter or by State law. Section 5.5. Procedure for removal . Removal of an above described officer may be accomplished by one of the following methods: (a) By the vote of two-thirds of the remaining council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the 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

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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 the county. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the superior court of the county as provided by State law. Section 5.6. Other provisions . Except as otherwise provided by this charter, the city council shall prescribe, by ordinance, such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. ARTICLE VI REVENUE AND FINANCE Section 6.1. Property tax . The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the city council in its discretion. Section 6.2. Millage rate, due dates, payment methods . The city council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.3. Occupation and business taxes . The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by the city. The city council may classify businesses, occupations,

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professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.9. Section 6.4. Franchises . The city council shall have the power to grant franchises for the use of the city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.5. License; permits; fees . The city council by ordinance shall have the power to require any individuals or corporations who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.9. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.6. Service charges . The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.7. Special assessments . The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances

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from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.8. Construction; other taxes . The city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.9. Collection of delinquent taxes and fees . The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi fas; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.10. General obligation bonds . The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue bonds . Revenue bonds may be issued by the city council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.12. Short-term notes . The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.13. Sale of city property . (a) The city council may sell and convey any real or personal property owned by the city for governmental or other purposes in accordance with the provisions of Code Section 69-318, relating to the sale of municipal property, as now or hereafter amended.

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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. ARTICLE VII GENERAL PROVISIONS Section 7.1. Eminent domain . The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Code Title 36, relating to eminent domain, as now or hereafter amended, or any other applicable laws presently in effect or enacted in the future. Section 7.2. Official bonds . The officers and employees of the city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council shall from time to time require or as may be required by State law. Section 7.3. Prior ordinances . All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.4. Present mayor and council . The mayor and councilmen in office on the effective date of this Act shall continue in office as mayor and council members under this Act until the expiration of their terms of office and the election and qualification of their successors as provided for in this Act. Section 7.5. Severability . If any article, Section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality

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shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.6. Specific repealer . An Act incorporating the Town of Flowery Branch (now City of Flowery Branch) in Hall County, Georgia, approved March 30, 1937 (Ga. Laws 1937, p. 1877), as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2960), an Act approved April 9, 1963 (Ga. Laws 1963, p. 3118) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3247), is hereby repealed in its entirety. Section 7.7. General 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 1979 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Flowery Branch, Georgia; to provide for all matters relative thereto; and for other purposes. This 17th day of January, 1979. /s/ Howard T. Overby Senator, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The New Gainesville Tribune which is the official organ of Hall County, on the following dates: January 17, 24, 31, 1979. /s/ Howard T. Overby Senator, 49th District

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Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1 1981. (Seal). Approved April 11, 1979. CITY OF GILLSVILLENEW CHARTER. No. 133 (Senate Bill No. 266). AN ACT To create a new charter for the City of Gillsville; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the city; to create a recorder's court and provide for the jurisdiction, practice, procedure, recorder and personnel thereof; to provide for bonds; to provide for the sale of city property; to provide for eminent domain; to provide for the continuation of the present mayor and councilmen; 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:

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ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name . This Act shall constitute the charter of the City of Gillsville. The city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of City of Gillsville, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries . (a) The corporate limits of the City of Gillsville shall be those existing on January 1, 1979. (b) The city council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries. Section 1.3. Powers and construction . (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific enumeration or failure to enumerate particular powers shall not be construed as limiting or restricting the powers of the city. Section 1.4. Exercise of powers . All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be executed in accordance with the provisions of this charter, ordinances of the city, and pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.1. City council creation; composition; number; election . The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five 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 2.2. City council terms and qualification for office . No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city for at least one year prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service; and shall be registered and qualified to vote in municipal elections of the city. Section 2.3. General power and authority of the city council . Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.4. The mayor; powers and duties . The mayor shall be the chief executive officer of the city and as such shall have the following powers and duties: (a) to preside at all meetings of the city council and be recognized as the official head and spokesman of the city for service of process and ceremonial purposes; (b) to administer and enforce the ordinances, bylaws, resolutions, regulations, rules, orders and acts of the city council; (c) to vote on matters before the city council only in case of a tie, or if his vote is necessary to constitute a sufficient number to transact business; (d) to sign, for and on behalf of the city, all contracts, ordinances, instruments and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (e) to control the law enforcement agency of the city and other special officers appointed by the city council for any purpose; (f) to fulfill such other executive and administrative duties as authorized or directed by the city council. Section 2.5. Mayor pro tem . At the organization meeting the city council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the

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mayor upon declaration by the city council of the mayor's disability or absence. Section 2.6. Acting mayor. In the event of the absence, disability or disqualification of both the mayor and mayor pro tem, the remaining members of the city council shall elect an acting mayor from their number, to preside and who shall have all the powers of the mayor during the absence, disability or disqualification of the mayor and mayor pro tem. Section 2.7. Salary, compensation and expenses. (a) The mayor and council is hereby authorized to fix the salary, compensation and expenses of the mayor and each member of the council in accordance with the provisions of an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as now or hereafter amended. (b) The mayor and each member of the council shall be entitled to receive their actual and necessary expenses incurred in the performance of the duties of their office. Section 2.8. Organization meeting. The city council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.9. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two 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 council members shall not be required if

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the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two 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 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.10. Rules of procedure. The city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.11. Quorum; voting. The mayor, or the mayor pro tem, or the acting mayor, and two 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

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roll-call vote. The affirmative vote of two council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.12. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Gillsville hereby ordains..., and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.9(c). Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each council member before the same is adopted and at the same time shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.13. Action requiring an ordinance. In addition to other acts required by general State law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. Section 2.14. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.12(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.15. Section 2.15. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the city council.

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(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 Gillsville, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of the city.

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(b) In addition to their elective duties, individual council members may be charged with such administrative duties as the city council may prescribe by ordinance or resolution, provided such duties do not conflict with general State law. (c) The mayor and council shall fix the compensation of all appointed officers and directors of departments of the city. Section 3.2. Boards, commissions, authorities. Except as otherwise provided by this charter or general State law, the city council shall create by ordinance such boards, commissions, authorities, and other bodies to fulfill any investigative, quasi-judicial, or quasi-legislative function the council shall prescribe. The council shall prescribe the composition, period of existence, duties, powers, compensation, structure, and all other matters in connection with the operations of such boards, commissions and authorities. ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of recorder's court; name. There shall be a court to be known as the Recorder's Court of the City of Gillsville. Section 4.2. Recorder; court personnel. (a) The mayor and council shall be authorized to appoint a recorder to hold said court, fix his qualifications, term of office and compensation. Vacancies shall be filled for the unexpired term by the mayor and council. (b) The city clerk shall perform the duties of clerk of the recorder's court, and, when required, the city attorney shall serve as prosecutor in said court. The city council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. Section 4.3. Terms; jurisdictions; powers. (a) The recorder's court shall convene at regular intervals as provided by ordinance. (b) The recorder's court shall try and punish for violations of all city ordinances.

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(c) The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or ten days in jail, or both, in the discretion of the court. (d) The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $250.00 or imprisonment for ninety days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding sixty days. (e) 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. (f) The recorder's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the recorder presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the recorder declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (g) The 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. (h) 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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(i) 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. (j) 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 to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4. Appeals; certiorari. Any person convicted in recorder's court shall have the right to apply for a writ of certiorari to the Superior Court of Hall County in accordance with the provisions of Code Title 19, relating to certiorari, as now or hereafter amended. Section 4.5. Rules for court. With the approval of the city council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, 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. Section 4.6. Appointment of counsel for indigent. The city council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The recorder shall appoint counsel in such cases from among the attorneys at law residing in the county and those counties adjoining the county, or from among those attorneys at law who have previously consented to serve as appointed counsel in such court.

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ARTICLE V ELECTIONS AND REMOVAL Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.2. Regular elections; time for holding. (a) There shall be held on the first Wednesday in December 1979, and biennially on the same day in each calendar year of odd number thereafter, an election shall be conducted for the purpose of electing a mayor and two council members. On the first Wednesday in December, 1980, and biennially thereafter on the same day in each calendar year of even-numbered years thereafter, an election shall be conducted for the purpose of electing three council members. The mayor and council members elected at such elections shall take office on the first day of January of the calendar year following their election and shall serve for terms of two years and until their successors are duly elected and qualified. (b) For the purpose of electing candidates for council members, other than the mayor, each council position shall be designated by number. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election. Section 5.3. Vacancies. In the event the office of mayor or of any one or more council members becomes vacant for any reason for cause, the same shall be filled until the next regular city election by a person or persons elected by the city council at a regular meeting of said council, and such persons so elected shall serve until their respective successors are elected and qualified. Section 5.4. Removal of officers. The mayor, council members, or others provided for in this charter shall be removed from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude;

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(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) knowingly violate any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof which shall include repeated failure to regularly attend council meetings without cause; or (f) failure for any other cause to perform the duties of office as required by this charter or by State law. Section 5.5. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By the vote of two-thirds of the remaining council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten 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 the county. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the superior court of the county as provided by State law. Section 5.6. Other provisions. Except as otherwise provided by this charter, the city council shall prescribe, by ordinance, such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. ARTICLE VI REVENUE AND FINANCE Section 6.1. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property

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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. Section 6.2. Millage rate, due dates, payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.3. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by the city. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.9. Section 6.4. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.5. License; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations

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who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.9. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.6. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.7. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.9. Section 6.8. Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.9. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi fas; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.

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Section 6.10. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue bonds. Revenue bonds may be issued by the city council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.12. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.13. Sale of city property. (a) The city council may sell and convey any real or personal property owned by the city for governmental or other purposes in accordance with the provisions of Code Section 69-318, relating to the sale of municipal property, as now or hereafter amended. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. ARTICLE VII GENERAL PROVISIONS Section 7.1. Eminent domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Code Title 36, relating to eminent domain, as now or hereafter amended, or any other applicable laws presently in effect or enacted in the future.

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Section 7.2. Official bonds. The officers and employees of the city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council shall from time to time require or as may be required by State law. Section 7.3. Prior ordinances. All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.4. Present mayor and council. The mayor and councilmen in office on the effective date of this Act shall continue in office as mayor and council members under this Act until the expiration of their terms of office and the election and qualification of their successors as provided for in this Act. Section 7.5. Severability. If any article, Section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.6. Specific repealer. An Act establishing and creating a charter for the Town of Gillsville in Hall and Banks counties, Georgia, approved December 16, 1901 (Ga. Laws 1901, p. 382), as amended by an Act approved August 14, 1909 (Ga. Laws 1909, p. 909), is hereby repealed in its entirety. Section 7.7. General 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 1979 session of the General Assembly of Georgia, a bill to provide a

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new charter for the Town of Gillsville, Georgia; to provide for all matters relative thereto; and for other purposes. This 17th day of January, 1979. /s/ Howard T. Overby Senator, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The New Gainesville Tribune which is the official organ of Hall County, on the following dates: January 17, 24, 31, 1979. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CITY OF POWDER SPRINGSCHARTER AMENDED. No. 134 (Senate Bill No. 275). AN ACT To amend an Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, particularly by an Act approved March 23,

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1977 (Ga. Laws 1977, p. 3218), so as to change the corporate limits of the city; to strike certain provisions relating to readings of proposed city ordinances; to provide for a city manager; to authorize the mayor and council to adopt a civil service system; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3218), is hereby amended by adding at the end of Section 1.02 the following: TRACT XV All that tract or parcel of land lying and being in Land Lot 725 of the 19th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the intersection of the Easterly side of the right of way of Macland Road and the Northwesterly side of the right of way of Macedonia Road; running thence Northeasterly along Eastern right of way of Macland Road, North 2 degrees 58 minutes 30 seconds West a distance of 724.60 feet to an iron pin; running thence North 70 degrees 10 minutes 25 seconds East a distance of 654.0 feet to an iron pin; running thence South 01 degrees 20 minutes 38 seconds East a distance of 467.75 feet to an iron pin; running thence Southwesterly along the Northern right of way of Macedonia Road a distance of 765.0 feet to an iron pin and the point of beginning. This tract of land contains 7.886 acres more or less and this legal description is drafted from a plat of survey made by Robert G. Vansant, a registered Georgia surveyor.

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PARCEL 1 All of the area within the right of way of U. S. Highway No. 278 from the intersection of the westerly corporate property line of the City of Powder Springs, Georgia, and the right of way of U. S. Highway No. 278 in Land Lot 876; proceeding in a northwesterly direction through Land Lots 876, 877, 826, 825, 824, 805, 806, 807, 808, 747 and 734 to the point of intersection of the westerly land lot line of Land Lot 734 and the right of way U. S. Highway No. 278, being all of the area within the 19th District, 2nd Section of Cobb County, Georgia. PARCEL 2 (1) ALL THAT TRACT or parcel of land lying and being in Land Lot 600 of the 19th District, Second Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the Southwestern corner of Land Lot 600, running thence North 01 degree 50 minutes West, as measured along the West line of Land Lot 600, 660 feet to a point; running thence North 89 degrees 50 minutes East, 669 feet to an iron pin; running thence South 01 degree 50 minutes East, 652.7 feet to an iron pin on the South line of Land Lot 600; running thence South 89 degrees 11 minutes West, as measured along the South land lot line, 669 feet to the point of beginning; containing 10.082 acres. (2) ALL THAT TRACT or parcel of land lying and being in Land Lot 660, 659, 658, 673, 674, 675, 734, 733, 732, 750, 748 and 749 of the 19th District, 2nd Section of Cobb County, Georgia, containing 239.28 acres, more or less, being more particularly described as follows: BEGINNING at a point at the intersection of the West side of Florence Road and the Northern boundary of Land Lot 658; running thence Southerly along the Western side of Florence Road a distance of 5,348.6 feet, more or less, to the intersection of the West side of Florence Road with the Northern boundary of the Seaboard Airline Railroad right-of-way (100-foot right of way); running thence Northwesterly along the Northeastern boundary of the Seaboard Airline Railroad right of way a distance of 3,685 feet, more or less, to the intersection of said right of way with the center

Page 3440

line of Big Powder Springs Creek; running thence Northerly along the center line of Big Powder Springs Creek, a distance of 2,305 feet, more or less, to the intersection of the center line of said creek with the center line of a `public road'; running thence Northeasterly along center line of said `public road', 1,045 feet, more or less, to a point on said center line; running thence North 78 degrees 42 minutes East a distance of 870 feet to an iron pin; running thence Northerly 223.5 feet, more or less, to an iron pin on the Southern boundary line of Land Lot 600; running thence North 89 degrees 11 minutes East, a distance of 616 feet to a point; running thence North 88 degrees 02 minutes East a distance of 792 feet to an iron pin and the point of beginning: (excluding, however, a cemetery described as follows: To find the point of beginning, start at the Northwest corner of Land Lot 658; run thence Southerly along the West line of Land Lot 658, a distance of 445 feet, more or less, to an iron pin which is the Point of Beginning; and from the Point of Beginning thus established, running thence Easterly a distance of 190 feet to an iron pin; running thence Southerly a distance of 223 feet to an iron pin; running thence Westerly a distance of 155 feet to an iron pin; running thence Northerly 223 feet to an iron pin and the point of beginning); (3) ALL THAT TRACT or parcel of land lying and being in Land Lots 734, 733, 747, 748 and 807 of the 19th District, Second Section of Cobb County, Georgia, containing 72.17 acres, more or less, being more particularly described as follows: BEGINNING at a point at the intersection of the center of Big Powder Springs Creek and the Northern Boundary of State Highway No. 6; running thence Northwesterly along the Northern boundary of said State Highway, 3,574 feet, more or less, to an iron pin located at the intersection of the Western line of Land Lot 734 and the Northeastern boundary of State Highway No. 6; running thence North 2 degrees 32 minutes West along the Western line of Land Lot 734 a distance of 782 feet to a point at the intersection of said Land Lot line and the Southern boundary of the Seaboard Airline Railroad right of way running thence South 72 degrees 12 minutes East along the Southern boundary of the Seaboard Airline Railroad right of way a distance of 222 feet to a point; running thence South 70 degrees 51 minutes East along the Southern boundary of the Seaboard Airline Railroad right of way a distance of 1,112 feet, more or less, to a point where the boundary of such right of way

Page 3441

intersects the center line of Big Powder Springs Creek; running thence Southeasterly along the center line of Big Powder Springs Creek a distance of 2,904 feet, more or less, to the intersection of said creek and the Northern boundary of State Highway No. 6 and the point of beginning. (4) ALL THAT TRACT Or parcel of land lying and being in Land Lot 600 of the 19th District 2nd Section of Cobb County, Georgia, being 10.082 acres, more or less, and being more particularly described as follows: BEGINNING at an iron pin located at the intersection of the Northeastern corner of Land Lot 659 and the Southeastern corner of Land Lot 600; running thence Westerly as measured along the Southern boundary of Land Lot 600 a distance of 677 feet to an iron pin; running thence North 01 degree 50 minutes West, 652.7 feet to an iron pin; running thence North 89 degrees 50 minutes East, 677 feet to an iron pin on the Eastern boundary of said Land Lot 600; running thence South 01 degree 50 minutes East, 645 feet to an iron pin and the point of beginning. ALL THAT TRACT Or parcel of land lying and being in Land Lots 751, 675, 732, 731, 749, 750, 805 and 804 of the 19th District, 2nd Section of Cobb County, Georgia, containing 134.78 acres, more or less, and being more particularly described as follows: BEGINNING at a point at the intersection of the Eastern side of Florence Road with the Northern boundary of Land Lot 675; running thence North 89 degrees 02 minutes East along the Northern boundary of said Land Lot 675 a distance of 440 feet to an iron pin; running thence south 02 degrees 22 minutes East along the Eastern boundary of said Land Lot 675 a distance of 1,361 feet to an iron pin; running thence South 89 degrees 35 minutes East along the Northern boundary of Land Lot 731 a distance of 1,360.5 feet to an iron pin; running thence South 02 degrees 15 minutes East along the Eastern boundary of said Land Lot 731, a distance of 1,295.5 feet to a point at the intersection of the Southeastern corner of Land Lot 731 and the Northeastern corner of Land Lot 750; continuing thence South 02 degrees 15 minutes East as measured along the Eastern boundary of said Land Lot 750 a distance of 666 feet to an iron pin; running thence North 88 degrees 34 minutes

Page 3442

East, 1,345 feet to an iron pin on the Eastern line of Land Lot 751; running thence South 02 degrees 15 minutes East, 666 feet to an iron pin at the Southeastern corner of Land Lot 751; running thence South 88 degrees, 34 minutes West a distance of 747.2 feet to a point on the west bank of Little Powder Springs Creek; running thence South 24 degrees 42 minutes East along the west bank of Little Powder Springs Creek a distance of 575.5 feet to a point on the Northern side of the right of way of the Seaboard Airline Railroad; running thence Westerly along the Northern side of the right of way of the Seaboard Airline Railroad a distance of 2,085.6 feet to an iron pin at the intersection of the Northerly side of the right of way of the Seaboard Airline Railroad with the Eastern boundary of Florence Road; thence Northerly along the Eastern boundary of Florence Road, a distance of 4,049.5 feet to the point of beginning. (6) ALL THAT TRACT or parcel of land lying and being in Land Lots 733, 734, 748, 749, 750, 807, 806, 805 and 824 of the 19th District, 2nd Section of Cobb County, Georgia, being 73.26 acres, more or less, and being more particularly described as follows: BEGINNING at a point at the intersection of the Northern boundary of State Highway No. 6 and the Western side of Florence Road; running thence Northwesterly along the Northern boundary of State Highway No. 6 a distance of 2,485 feet to the intersection of said boundary and the center of Big Powder Springs Creek; running thence Northerly along the center of Big Powder Springs Creek a distance of 2,904 feet, more or less, to the intersection of the center of Big Powder Springs Creek and the Southwestern boundary of the Seaboard Airline Railroad right of way; running thence Southeasterly along the Southwestern boundary of the Seaboard Airlines Railroad right of way a distance of 3,315 feet, more or less, to an iron pin; running thence Southeasterly along the Southern boundary of right of way of Seaboard Airline Railroad, a certain distance to an iron pin at the intersection of the Southwestern boundary of the Seaboard Airline Railroad right of way and the Western boundary of Florence Road; running thence Southerly along the Western boundary of Florence Road, 50 feet to an iron pin at the Northeastern corner of the property now or formerly owned by Tesco Chemicals, Inc.; running thence Northwesterly along the Northern boundary of the property now or formerly owned by Tesco Chemicals, Inc., a distance of 420 feet to an iron pin located at the Northwestern

Page 3443

corner of the property now or formerly owned by Tesco Chemicals, Inc.; running thence South 20 degrees 05 minutes West, 550 feet to an iron pin; running thence South 89 degrees 55 minutes East, 479.8 feet to an iron pin; running thence North 80 degrees 25 minutes East 331.5 feet to an iron pin; running thence South 27 degrees 68 minutes East along the Western boundary of Florence Road, 270 feet to a point; running thence South 29 degrees 22 minutes East along the Western boundary of Florence Road, 40.5 feet to an iron pin and the point of beginning. (7) ALL THAT TRACT Or parcel of land lying and being in Land Lots 825, 805, 804, 803, 824, and 826 of the 19th District, 2nd Section of Cobb County, Georgia, being 99.78 acres, more or less, and being more particularly described as follows: BEGINNING at an iron pin located at the intersection of the Eastern boundary of Florence Road and the Northern boundary of State Highway No. 6; running thence North 29 degrees 22 minutes West, as measured along the Eastern boundary of Florence Road, a distance of 686.8 feet to a point on the Eastern boundary of Florence Road; running thence North 27 degrees 48 minutes West as measured along the Eastern boundary of Florence Road a distance of 779 feet to an iron pin located at the intersection of the Southern side of the right of way of the Seaboard Airline Railroad and the Eastern boundary of Florence Road; running thence South 72 degrees 28 minutes East along the Southern side of the Seaboard Airline Railroad right of way a distance of 300 feet to a point, running thence South 76 degrees 00 minutes East as measured along the Southern side of the Seaboard Airline Railroad right of way a distance of 3,616 feet to an iron pin; running thence South 05 degrees 55 minutes West a distance of 1,097 feet to an iron pin; running thence South 89 degrees 16 minutes East a distance of 94 feet to an iron pin; running thence South 00 degrees 44 minutes West a distance of 337 feet to an iron pin located on the Northern boundary of State Highway No. 6; running thence North 70 degrees 05 minutes West as measured along the Northern boundary of State Highway No. 6, a distance of 3,280 feet to an iron pin and the point of beginning. ALL OF THE AFORE-DESCRIBED property being as shown on plat prepared by H. F. Fitzpatrick, C. E., dated March, 1967 and recorded in Plat Book 43, page 62 of the Cobb County deed records

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and being Parcel A, Parcel C, Parcel E, Parcel B, Parcel D, Parcel F and Parcels G and H respectively as shown thereon. LESS AND EXCEPT, however, from the above-described real property, the following described tract which has been released pursuant to execution of Quitclaim Deed dated October 29, 1971 and recorded in Deed Book 1265, page 49, Cobb County, Georgia Records, from John W. Childs to Central Financial Service Corporation, and being more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 658, 659, 660, 673 and 674 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located on the westerly side of Florence Road, said iron pin being located where the north line of Land Lot 658 intersects the west side of Florence Road; running thence south 88 degrees 2 minutes west along said north land lot line, 792 feet to an iron pin, said iron pin being located in the northwest corner of Land Lot 658; running thence south 89 degrees 11 minutes west along the north line of Land Lot 659 a distance of 616 feet to an iron pin and corner; running thence south 223.5 feet to an iron pin and corner; thence south 78 degrees 42 minutes west, 870 feet to an iron pin located on the south side of Elliot Road; running thence southerly and southwesterly along the south side of Elliot Road, 1045 feet to an iron pin located on the east side of Big Powder Springs Creek where the south side of Elliot Road intersects the east side of said Big Powder Springs Creek; running thence southerly and southeasterly along the east side of Big Powder Springs Creek and following the curvature thereof 1850 feet, more or less, to the south line of Land Lot 673; thence east along the south line of Land Lot 673 and the south line of Land Lot 674 to the southeast corner of Land Lot 674; thence north along the east line of Land Lot 674 to the northeast corner of Land Lot 674; thence north 89 degrees 2 minutes east along the north line of Land Lot 657 to the west side of Florence Road; thence north along the west side of Florence Road, a distance of 1325 feet, more or less, to the north line of Land Lot 658 and the point of beginning. Section 2. Said Act is further amended by striking Section 2.06 thereof in its entirety and substituting in lieu thereof a new Section 2.06, to read as follows:

Page 3445

Section 2.06. Mayor as Presiding Officer. The mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have four days after meetings of the council in which to file with the clerk in writing this dissent, but the council may at the same meeting or any subsequent meeting within 60 days, pass any such ordinance, order, or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen to be taken by ayes and nays, and entered upon the minutes; shall sign ordinances and resolutions on their final passage; shall sign deeds and bonds when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 3. Said Act is further amended by striking in its entirety Section 2.12, which reads as follows: Section 2.12. Readings. Be it further enacted, that 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 council meetings not less than seven days apart. Section 4. Said Act is further amended by striking in its entirety Section 3.02 and substituting in lieu thereof a new Section 3.02, to read as follows: Section 3.02. Additional Duties of Mayor. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. Section 5. Said Act is further amended by adding a new Section after Section 3.06, to be designated Section 3.07, to read as follows: Section 3.07. Civil Service System. The mayor and council may provide by ordinance for a civil service system for the city for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of city funds. Section 6. Said Act is further amended by adding a new Article after Article III, to be designated Article IIIA, to read as follows:

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ARTICLE IIIA CITY MANAGER Section 3.01a. City Manager; Appointment; Function. The mayor and council shall select and appoint a city manager for the city, who shall, subject to the control, direction, and supervision of the mayor and council, be the head of the administrative branch of the municipal government of the city and responsible for the efficient administration of all departments of said municipal government. Section 3.02a. Qualifications for City Manager; Eligibility of Mayor, Councilmen. (a) The city manager shall be chosen solely on the basis of ability, training, and experience. He or she shall be a citizen of the United States but need not be a resident of the city. (b) No person elected to be mayor or councilman of the city shall, subsequent to such election, be eligible for appointment as city manager until after four years has elapsed following the expiration of the term for which he was elected. Except that, until the initial appointment of the city manager, the mayor shall serve as city manager. Section 3.03a. Term of City Manager; Removal from Office, Procedure; Severance Pay; Effect of Pension Laws. The city manager shall be appointed for an indefinite term, shall hold office at the pleasure of the mayor and council, and may be removed from office by the mayor and council at their discretion. Upon removal from office the city manager shall be entitled to not less than 60 days' severance pay. On request he shall be eligible to participate in any pension plan provided for city employees. Section 3.04a. Vacancy in Office of City Manager; Temporary Appointments. The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his absence or disability. Vacancies in the office of city 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 the office.

Page 3447

Section 3.05a. Compensation of City Manager. The city manager shall receive such compensation as from time to time may be prescribed by ordinance or resolution by the mayor and council. Section 3.06a. Responsibility of City Manager. The city manager shall devote full 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 the manager has jurisdiction. Section 3.07a. Powers and Duties of City Manager. Subject to the control, direction, and supervision of the mayor and council, the city manager shall have power and the duty: (a) To see that all laws and ordinances are enforced. (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, provided that the city manager shall not have or exercise any control over the Powder Springs Planning and Zoning Board, Industrial Development Authority, Civil Service Board, or other special board, commission, committee, authority, or body set up under any general law or any ordinance or agreement of the mayor and council. (d) To recommend to the mayor and council for appointment as required department heads for departments authorized by the mayor and council. Department heads with the approval of the city manager shall appoint and remove all subordinate officers and employees in the respective offices and department; provided, however, they shall be guided in their actions by the City of Powder Springs civil service laws, regulations, and budgets as adopted by the mayor and council. Upon failure of such department heads or the city manager to act in making such appointments and recommendations, the mayor and council shall have full authority and power to act. Nothing herein shall prevent the mayor and council from creating, abolishing, consolidating, altering, or modifying departments.

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(e) To attend the meetings of the mayor and council, with the right to take part in all discussions but having no vote. (f) To recommend to the mayor and council for adoption such measures as may be deemed 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 Powder Springs as to matters within his or her 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 than $1,000.00 shall be valid or binding until approved by the mayor and council; and provided further that without approval of the mayor and council neither the city manager nor other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget therefor, as fixed by the mayor and council. (j) To make to the mayor and council monthly written reports showing his acts and doings, the operations of the city, and all city disbursements, purchases, contracts, and obligations. (k) To perform such other duties as may be required by ordinance or resolution of the mayor and council. (l) To give bond in the penal sum fixed by the mayor and council with surety approved by the mayor and council, payable to the City of Powder Springs, and its successors and assigns, for the benefits of the said City of Powder Springs and for the use and benefit of the public to secure and indemnify the city and each and all of the public, by reason of his default, misfeasance, malfeasance, and/or nonfeasance in the performance of his duties. The premium of such bond shall be paid by the city. Section 7. Said Act is further amended by striking in its entirety Section 4.02 and substituting in lieu thereof a new Section 4.02, to read as follows:

Page 3449

Section 4.02. City Manager to Submit Annual Budget. On or before a date fixed by the mayor and council, but not later than forty-five days prior to the beginning of each fiscal year, the city manager shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) The revenue and expenditure during the preceding fiscal year. (b) Appropriations and estimated revenue and recommended expenditures for the next fiscal year. (c) A comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year, and estimated assets, liabilities, reserves, and surplus at the end of the current fiscal year. (d) Such other information and data, as may be considered necessary by the mayor and council. Section 8. Said Act is further amended by striking in its entirety Section 4.03 and substituting in lieu thereof a new Section 4.03, to read as follows: Section 4.03. Action by Council on Budget. Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance, based on the city manager's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety, or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose.

Page 3450

Section 9. Said Act is further amended by striking in its entirety Section 4.06 and substituting in lieu thereof a new Section 4.06, to read as follows: Section 4.06. Capital Improvements Budget. (a) On or before a date fixed by the mayor and council, but not later than forty-five days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of inhabitants, when passed by four-fifths' vote of the membership of the council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided, the city 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 council. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 Session of the General Assembly Georgia, a bill to amend the Charter the City of Power Springs, Georgia (Ga. L. 1920,

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p. 1437) as amended to create a new charter (Ga. L. 1970, p. 2760), as heretofore amended; and for other purposes. This 5 day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1979. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3452

SPALDING COUNTYCORONER'S COMPENSATION. No. 136 (Senate Bill No. 292). 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, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2561), by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3108), by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4238), and by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3196), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2561), by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3108), by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4238), and by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3196), 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 1979 amendment of this Act shall become effective, the Coroner of Spalding County shall be paid a salary at the rate of $2,500.00 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 1979 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

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shall be all inclusive. Said officer shall not receive any other compensation for services performed as Coroner of Spalding 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 1979 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 22nd day of January, 1979. Maureen C. Jackson as Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kyle T. Cobb who, on oath, deposes and says that he 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: January 26, 1979, February 2, 9, 1979. /s/ Kyle T. Cobb Senator, 28th District

Page 3454

Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. SPALDING COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 137 (Senate Bill No. 293). 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 salary of the Chairman of the Board of Commissioners of Spalding County and the salary of each of the other Commissioners of Spalding County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating 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 $8,160.00 per annum for his (or her) services and each of the other two commissioners of said board shall respectively be paid a salary at the rate of $7,440.00 per annum for his (or her) services, which said salaries shall be apportioned and payable for the remainder of the current year 1979 and 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.

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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 1979 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 22nd day of January, 1979. Maureen C. Jackson as Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kyle T. Cobb who, on oath, deposes and says that he 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: January 26, 1979, February 2, 9, 1979. /s/ Kyle T. Cobb Senator, 28th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COMPENSATION OF BOARDS OF COMMISSIONERS IN CERTAIN COUNTIES (8,335-8, 725). No. 138 (Senate Bill No. 301). AN ACT To provide for the compensation of members of the board of county commissioners in each county in this State having a population of not less than 8,335 and not more than 8,725 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 in this State having a population of not less than 8,335 and not more than 8,725 according to the United States Decennial Census of 1970 or any future such census, the chairman of the board of county commissioners shall receive a salary of $400.00 per month and the other members of said board shall receive a salary of $300.00 per month. Such salary shall be paid from the 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. Approved April 11, 1979.

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TAX COMMISSIONERS' SECRETARIES IN CERTAIN COUNTIES (9,000-9,200). No. 139 (Senate Bill No. 302). AN ACT To provide that in all counties of this State having a population of not less than 9,000 nor more than 9,200, according to the United States Decennial Census of 1970 or any future such census, the tax commissioner shall have the authority to employ a secretary at a certain minimum salary; to provide that the secretary shall be eligible to serve as deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 9,000 nor more than 9,200, according to the United States Decennial Census of 1970 or any future such census, the tax commissioner shall have the authority to employ a secretary who shall receive a salary of not less than $500.00 per month, the exact amount to be determined by the governing authority of such county, said salary to be paid out of the funds of the county. The secretary employed by the tax commissioner shall be eligible to serve as deputy tax commissioner. 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 April 11, 1979.

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CITY OF HAPEVILLECHARTER AMENDED. No. 141 (Senate Bill No. 304). AN ACT To amend an Act incorporating the City of Hapeville, Georgia, approved September 16, 1891 (Ga. Laws 1890-91, Vol. II., p. 783), as amended, so as to authorize the city to contract with any duly created industrial or development authority, or both, for the operation, maintenance, and use of any public facility; to authorize the city to contract with any duly created water and sewer authority for the purposes of operating, maintaining, and providing water and sewer services to the City of Hapeville; 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 Hapeville, Georgia, approved September 16, 1891 (Ga. Laws 1890-91, Vol. II., p. 783), as amended, is hereby amended by designating the present provision of Section 1 of said Act as subsection (a) and by adding immediately following subsection (a) of Section 1 of said Act the following: (b) The City of Hapeville, by and through its governing authority, shall have the power to contract with any duly created industrial or development authority, or both, for the operation, maintenance, and use of any public project, public building, or other public facility, including, and not limited to, parking lots, garages, or other parking structures, or projects, buildings or facilities, essential for the public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation, or other public purposes in the City of Hapeville. (c) The City of Hapeville, by and through its governing authority, is authorized to contract with any duly created water and sewer authority for the purposes of operating, maintaining, and providing water and sewer services to the City of Hapeville and its citizens., so that when so amended Section 1 shall read as follows: Section 1. Incorporation, name, general powers. (a) The people of the territory aforeknown as the town of Hapeville, in the County of Fulton, the boundaries of which are hereafter defined, are

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hereby constituted a body politic incorporate, under the name and style of the City of Hapeville, and the power to govern themselves by such orders, ordinances or resolutions as they may deem proper, not in conflict with the Constitution or laws of this State, and by said name and style shall have perpetual succession; shall have and use a common seal; shall have power to contract and to be contracted with, sue and be sued, plead and be impleaded in all the Courts of this State, and to do all other acts necessary to its corporate capacity in existence, and shall be able in law and equity to purchase, receive, have, hold, possess and enjoy and use and convey any property real or personal, for the use and benefit of said corporation; also to use, manage and improve, rent or lease any property which may be required by said City of Hapeville. (b) The City of Hapeville, by and through its governing authority, shall have the power to contract with any duly created industrial or development authority, or both, for the operation, maintenance, and use of any public project, public building, or other public facility, including, and not limited to, parking lots, garages, or other parking structures, or projects, buildings or facilities, essential for the public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation, or other public purposes in the City of Hapeville. (c) The City of Hapeville, by and through its governing authority, is authorized to contract with any duly created water and sewer authority for the purposes of operating, maintaining, and providing water and sewer services to the City of Hapeville and its citizens. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Hapeville, Georgia, intends to apply for the passage of local legislation at the 1979 Session of the General Assembly of Georgia, convening in January, 1979, to amend the Charter of the City of Hapeville, Georgia (Georgia laws 1891, Act No.448, et.Seq.) to provide for the authority of the City to contract with any duly created Industrial and/or Development Authority for the operation, maintenance and use of any public facility, and for other purposes.

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This 23rd day of January, 1979. Glaze, McNally and Glaze City Attorneys City of Hapeville Kirby A. Glaze Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Hapeville, Georgia, intends to apply for the passage of local legislation at the 1979 Session of the General Assembly of Georgia, convening in January, 1979, to amend the Charter of the City of Hapeville, Georgia (Georgia laws 1891, Act No. 448, et. Seq.) to provide for the authority of the City of Hapeville to contract with any duly authorized Water and Sewer Authority for the purposes of operating, maintaining and providing water and sewer services to the City of Hapeville, and for other purposes. This 23rd day of January, 1979. Glaze, McNally and Glaze City Attorneys City of Hapeville Kirby A. Glaze Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Perry J. Hudson who, on oath, deposes and says that he is Senator from the 35th District, and that the attached copies of Notice of Intention to Introduce Local Legislation were published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 24, 31 and February 7, 1979. /s/ Perry J. Hudson Senator, 35th District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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HAPEVILLE WATER AND SEWER AUTHORITY CREATED. No. 142 (Senate Bill No. 305). AN ACT To create the Hapeville Water and Sewer Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals and private concerns; to confer powers and impose duties on the Authority; to provide for the membership of the Authority and their tenure of office; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary and convenient for the operation of such undertaking or projects; to authorize the issuance of revenue certificates of the Authority payable from the revenues of the Authority from tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of such Authority for the payment of such certificates; to authorize said Authority to establish a sewer system or systems in the incorporated areas of said City so as to vest in the Hapeville Water and Sewer Authority the same powers, jurisdiction and authority it had by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a sewer system or systems as it may have to establish, operate and maintain a water system; to provide that all of the acts of said Authority shall be approved by the City governing authority; to provide for the separate enactment of each of the provisions of this Act, and to provide that the rights and powers conferred by this Act shall be cumulative and in addition to existing laws; to provide for a declaration of intention; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Hapeville Water and Sewer Authority. Provided that said Authority shall not transact any business or exercise any powers hereunder until the governing body of the City of Hapeville shall by proper resolution declare that there is a need for such Authority to function in said city.

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Section 2. The Authority shall have the right, power and authority to operate, build and maintain a waterworks system, together with the right to acquire lands, construct waterworks facilities, including projects embracing sources of water supply and related facilities; to sell water and its related facilities to individuals and private concerns. Section 3. The powers granted by this Act shall authorize said Authority to lay or construct water mains and water distribution systems within the limits of said city, and to issue water revenue-anticipation certificates for such purposes as may be authorized by law. Section 4. The said Authority shall have the right, power and authority to exercise police powers over the entire water system and shall have the right and authority to make rules and regulations governing the construction, operation and maintenance, extension and connection with any water main within the limits of said city, and shall have the right and authority to require all users of water who connect with the water mains to install proper meters and make connections in accordance with the rules and regulations provided therefor and shall have the right and authority to refuse to sell or furnish water to any firm, person or corporation who fails or refuses to comply with such rules and regulations as may be promulgated for the operation of said water system. Nothing contained herein shall be construed as requiring the Authority to furnish water to any consumers if in the discretion of said Authority it is not deemed feasible or desirable to do so. Section 5. The said water system is to be constructed, maintained and operated by a six-member board to be known as the Hapeville Water and Sewer Authority. The members of the board shall be appointed by the governing authority of said city. 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 Mayor and Council of the City of Hapeville; and, said sixth member shall be appointed by the governing authority for a term to run concurrently with the term to which said member was elected to the governing authority. Successors to these members and future members shall be appointed by the governing authority for terms of five years, each, except the member of

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the governing authority, whose term shall expire at the end of the term to which he is elected. All members shall serve until their successors are appointed and qualified. The governing authority of the city 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 an annual report of its action to the Mayor and Council. 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 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 6. Only one member of the Hapeville Water and Sewer Authority shall be a member of the Mayor and Council of the City of Hapeville, the governing authority of said city. No other member of the Hapeville 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 Hapeville 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 member of the Mayor and Council of the City of Hapeville. Section 7. Said board shall have general supervision and control over the entire water system or systems that may be constructed and placed in operation for said city, together with the right to expand or curtail such operations as it may deem advisable. The board shall regulate and provide for the use of its water, fix the time, place and rates for such usage, and in default may cause such services to be discontinued until all arrears are fully paid; provided further, that any such rate or charge shall constitute a lien upon the property to which such service was rendered, and the Authority may issue executions for any amount that may be past due and the secretary or clerk of said board is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. The board shall have the power to construct, alter,

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expand and maintain such water system with the funds made available to it by the city governing authority by the issuance and sale of bonds, or revenue-anticipation certificates issued by said city, and by funds arising from the operation of said water system. The Authority shall have the right to join with the city in the issuance of revenue-anticipation certificates and pledge the revenues of the Authority to the payment of such certificate so issued. Section 8. The said Authority is authorized, with approval of the city governing authority, to acquire by eminent domain such property as it may require for the expansion and development for its water and sewerage system together with rights-of-way, easements, and such other rights as may be proper for the development and expansion of said system. Said Authority shall have, with the approval of the city governing authority, in addition to the rights granted by this Act all of the authority as provided by the Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, and especially the powers as defined in Sections 2 and 3 thereof and Sections in sequence thereof and as fully and completely as if they were set out in this Act, and all property and rights so secured shall be construed to be the property of the City of Hapeville, and as an act of said city. Section 9. The board is hereby charged with the duty of collection for all services rendered by said water system of said city and is hereby required to keep money collected in a bank or banks as may be required by the city governing authority. Any person handling such funds shall be required to give a surety bond in such amount as may be required by said board and approved by the city governing authority. The board at all times shall maintain a schedule of fees, rates and tolls for the services of said water system as shall be sufficient to retire any revenue certificates, or other indebtedness incurred in the construction, maintenance, operation, and expansion of said water system, and to provide for any reserves and funds required to be maintained by the city in connection with the issuance of any such revenue certificates, together with sufficient amounts to pay the current operating costs of such water system. Any funds accumulated in excess over the payments and legally required reserves may be allowed to accumulate in a special reserve account in an amount equal to three years' payments, at which time any further accumulation would be eliminated by reduction of user rates.

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Section 10. The board shall have the power to employ or discharge its employees at its pleasure. It shall make quarterly reports to the city governing authority of all monies it has received and expenditures made in the operation of said water system. Section 11. Said board shall be amenable to the city governing authority and subject to removal from office for neglect of duty or malfeasance in office. Section 12. The said Hapeville Water and Sewer Authority is hereby authorized to construct a city sewerage system in said city, and all rights conferred to said board to construct, operate and maintain a water system for said city and to join with the county in the issuance of revenue-anticipation certificates for that purpose, shall likewise apply to the construction, operation and maintenance of a sewerage system for said city. Section 13. Any water or sewerage system that may be constructed under the provisions of this Act shall be construed to be the property of the City of Hapeville, and nothing in this Act shall be construed to limit the said City of Hapeville in issuing bonds, revenue certificates or any other means of financing as are now or hereafter recognized by law for the development of such water or sewerage facilities. The powers and rights conferred by this Act shall be cumulative to the powers and rights that now exist. Section 14. In exercising the powers herein granted, it is hereby declared to be the intention of the General Assembly that the governing authority of the City of Hapeville and the Hapeville Water and Sewer Authority created herein shall implement and carry out such powers, as far as practicable, in such a manner that the cost of establishing and maintaining the facilities herein authorized shall be borne by those citizens of Hapeville benefiting from the establishment and maintenance of such facilities. Section 15. The city governing authority may in its discretion alter, change, modify or repeal any of the rules and regulations adopted by the water and sewer Authority. Section 16. The term city governing authority used in this Act shall be construed to mean the regularly elected Mayor and Council of said city.

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Section 17 . 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 18 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 19 . All laws 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 Hapeville, Georgia, intends to apply for the passage of local legislation at the 1979 Session of the General Assembly of Georgia, convening in January, 1979, so as to provide for the creation of the Hapeville Water and Sewer Authority, and for other purposes. This 31 day of January, 1979. Glaze, McNally and Glaze City Attorneys City of Hapeville Kirby A. Glaze 120 N. McDonough St. Jonesboro, Ga. 30236 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Perry J. Hudson who, on oath, deposes and says that he is Senator from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation

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was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: February 2, 9 and 16, 1979. /s/ Perry J. Hudson Senator, 35th District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979. GLYNN COUNTYEDUCATION DISTRICTS, REFERENDUM. No. 143 (Senate Bill No. 306). AN ACT To amend an Act entitled An Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. Laws 1914, p. 275), as amended by an Act approved August 15, 1921 (Ga. Laws 1921, p. 487), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3045), and an Act approved April 8, 1965 (Ga. Laws 1965, p. 3308), so as to create education districts from which certain members of the Board of Education of Glynn County shall be elected by the qualified electors of such education districts; to provide for posts; to extend the terms of two members; to provide for qualifications of members; to provide for the method of conducting elections; to provide for vacancies; to provide for certain submissions to the Attorney General of the United States; to provide for other matters relative to the foregoing; to provide for a referendum;

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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 consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned, approved August 12, 1914 (Ga. Laws 1914, p. 275), as amended by an Act approved August 15, 1921 (Ga. Laws 1921, p. 487), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3045), and an Act approved April 8, 1965 (Ga. Laws 1965, p. 3308), is hereby amended by striking in its entirety Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The Board of Education of Glynn County, hereafter sometimes referred to as `the board', shall have control of the educational affairs of the entire County of Glynn, including the City of Brunswick therein. The members of the board who held such office on January 1, 1979, shall serve out the remainder of their terms, except Dr. David Griffin and Mr. Russel C. Jacobs, whose terms of office are hereby extended until December 31, 1980. Until January 1, 1984, the number of members on the board will vary according to expirations of terms of office and in the event of vacancies which occur for other reasons among appointive members. On and after January 1, 1984, the board will be composed of ten elected members. Persons elected as hereinafter provided to succeed members of the board shall take office on the first day of January following such election and shall serve for a term of four years and until their successors are duly elected and qualified. (b) Education districts 1, 2, 3, 4 and 5 shall correspond to that portion of Glynn County which constitutes or hereafter constitutes commissioner districts 1, 2, 3, 4 and 5, respectively, as provided in an Act creating a Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. Laws 1937, p. 1336), as now or hereafter amended, and as particularly amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 2949). Within each education district, there shall be two posts which shall be designated 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A and 5B, respectively. Five members of the board shall be elected to represent posts 1A, 2A, 3A,

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4A and 5A, respectively, at the general election in 1980 and at the general election every fourth year thereafter. Five members of the board shall be elected to represent posts 1B, 2B, 3B, 4B and 5B, respectively, at the general election in 1982 and at the general election every fourth year thereafter. Candidates shall be residents of the respective education district which they seek to represent and shall be elected only by the qualified electors of such education district. Candidates shall designate in their notice of candidacy the education district and post which they seek to represent. Such elections shall be conducted in accordance with the provisions of Code Title 34, known as the `Georgia Election Code', as now or hereafter amended. (c) In the event any vacancy occurs in the office of a district member of the board of education, the remaining members of the board shall select a successor to fill such vacancy until the next general election. Successors to fill post vacancies shall be residents of the education district in which the vacancies occur. At the next general election, a successor shall be elected by the qualified voters of the education district to serve for the remainder of the unexpired term. (d) A president and a vice president shall be elected by the board annually at its first meeting in January. The vice president shall act as president in the absence or disqualification of the president. (e) The members of the board shall receive a salary of $100.00 per month for their services, payable monthly out of the funds of the Board of Education of Glynn County. (f) The Board of Education of Glynn County created by this Act shall be the successor to all the rights, powers, duties and obligations of the former Board of Education of Glynn County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 2 . The Board of Education of Glynn County is hereby authorized and directed to instruct the attorney for the board to immediately submit a certified copy of this Act and other pertinent information to the Attorney General of the United States for approval in accordance with Section 5 of the Voting Rights Act of 1965.

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Section 3 . Upon the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of Glynn County to issue the call for an election for the purpose of submitting this Act to the electors of Glynn County for approval or rejection. The superintendent shall issue the call within 30 days after the voting plan is approved by the Attorney General of the United States in accordance with Section 5 of the Voting Rights Act of 1965. The superintendent shall set the date of such election for a day not less than 30 days or 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 Glynn County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act creating education districts from which members of the Board of Education of Glynn County shall be elected by the qualified electors of the education districts, providing for four- year terms for such members, providing for election to fill vacancies, providing that the present members shall serve out the remainder of their terms and providing certain extensions of terms 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 Glynn County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . Section 1 of this Act shall become effective upon approval of this Act by the electors of Glynn County as provided in Section 3. Sections 2 and 3 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval.

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Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873 (Ga. Laws 1873, p. 256), as amended, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1979. Richard W. Littlefield, Jr. Senator, 6th District James R. Tuten Representative 153rd Dean Auten Representative 154th Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he is Senator from the 6th 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 4, 11, 18, 1979. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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RABUN COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 144 (Senate Bill No. 309). AN ACT To amend an Act placing the Tax Commissioner of Rabun County on a salary, approved April 3, 1972 (Ga. Laws 1972, p. 3519), 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 placing the Tax Commissioner of Rabun County on a salary, approved April 3, 1972 (Ga. Laws 1972, p. 3519), is hereby amended by striking from Section 2 thereof the following: $9,600, and substituting in lieu thereof the following: $13,000, so that when so amended Section 2 shall read as follows: Section 2. The Tax Commissioner shall receive an annual salary of $13,000, payable in equal monthly installments from county funds. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an

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Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2308), as amended; and for other purposes. This 6th day of February, 1979. 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 Rabun County, on the following dates: February, 8, 15, 22, 1979. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. RABUN COUNTYSHERIFF'S SALARY, ETC. No. 145 (Senate Bill No. 310). AN ACT To amend an Act placing the Sheriff of Rabun County on a salary, approved April 5, 1965 (Ga. Laws 1965, p. 3218), as amended by an Act approved April 28, 1969 (Ga. Laws 1969, p.

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3975), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2706), so as to change the compensation of the sheriff; to change certain provisions relating to deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Rabun County on a salary, approved April 5, 1965 (Ga. Laws 1965, p. 3218), as amended by an Act approved April 28, 1969 (Ga. Laws 1969, p. 3975), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2706), 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 sheriff shall receive an annual salary of not less than $15,000, the exact amount to be fixed in the budget. The sheriff's salary shall be paid in equal monthly installments from the funds of Rabun County. Section 2. Said Act is further amended by striking the third paragraph of Section 4 thereof in its entirety and substituting in lieu thereof a new paragraph to read as follows: The sheriff may employ one full-time chief deputy and four full-time deputies. The chief deputy shall receive an annual salary of not less than $10,000 and not more than $13,000. Each other deputy shall receive an annual salary of not less than $9,000 and not more than $12,000. The exact amount of such salaries shall be submitted by the sheriff in his proposed budget, or any amendment to the budget, and shall be paid out of county funds. 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 1979 session of the General Assembly of Georgia a bill to amend an

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Act placing the Sheriff of Rabun County upon an annual salary, approved April 5, 1965 (Ga. Laws 1965, p. 3218), as amended; and for other purposes. This 6th day of February, 1979. 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 Rabun County, on the following dates: February 8, 15, 22, 1979. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. EVANS COUNTYPROBATE JUDGE'S COMPENSATION. No. 146 (Senate Bill No. 311). AN ACT To amend an Act authorizing Evans County to pay to the Probate Judge of Evans County a monthly allowance in addition to fees, approved February 27, 1947 (Ga. Laws 1947, p. 208), as

Page 3476

amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2486), so as to change the amount of said monthly 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 authorizing Evans County to pay to the Probate Judge of Evans County a monthly allowance in addition to fees, approved February 27, 1947 (Ga. Laws 1947, p. 208), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2486), is hereby amended by striking from Section 1 the following: $300.00, and inserting in lieu thereof the following: $350.00, so that when so amended Section 1 shall read as follows: Section 1. In addition to all other fees and compensation now allowed and authorized by law, the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county are hereby authorized, empowered and directed to pay an allowance and supplement in the sum of $350.00 monthly to the judge of the probate court of said county, said sum to be paid from the funds of Evans 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 3477

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to increase the salary of the Probate Court Judge of Evans County, Georgia, and to amend conflicting laws. This 6th day of February, 1979. Joseph E. Kennedy Senator, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following dates: February 8, 15, 22, 1979 /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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POLK COUNTY WATER AUTHORITYREVENUE BONDS. No. 147 (Senate Bill No. 312). AN ACT To amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. Laws 1967, p. 3108), so as to change the provisions relating to the authority of the chairman to vote; to change the provisions relating to revenue bonds and the issuance thereof; to change certain limitations on the issuance of bonds and on the borrowing of money; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. Laws 1967, p. 3108), is hereby amended by striking from Section 2, the following: The chairman of the Authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. Section 2. Said Act is further amended by striking Section 5, which reads as follows: Section 5. Revenue BondsThe Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority, in a sum not to exceed four million ($4,000,000) dollars outstanding at any one time, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six percent (6%) per annum, payable at such time or times, shall mature at such time or times not exceeding thirty (30) years from their date or dates, or at

Page 3479

such times exceeding thirty (30) years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of bonds., in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Revenue bondsThe Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority, in a sum to be fixed by the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as are approved by the Authority, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of the bonds. Section 3. Said Act is further amended by striking Section 9, which reads as follows: Section 9. Same; sale; priceThe Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six percent (6%) per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation, the amount of any premium to be paid on redemption of any bond prior to maturity.,

Page 3480

in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Same; sale; priceThe Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. Laws 1967, Page 3108), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, Page 3712), so as to eliminate from the provisions of said Act the maximum value of revenue bonds that may be outstanding at any one time; to change the maximum interest rate that bonds of said authority may bear; to provide for a vote for the Chairman of said Authority, and for other purposes. This 6th day of February, 1979. /s/ Nathan Dean Senator, 31st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan 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: February 8, 15, 22, 1979. /s/ Nathan Dean Senator, 31st District

Page 3481

Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. STATE COURT OF COBB COUNTYJURISDICTION, PROCEDURE, ETC. No. 148 (Senate Bill No. 313). 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 April 1, 1968 (Ga. Laws 1968, p. 2948), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3188), so as to change the jurisdiction of said court; to change the terms of said court; to provide for transfer of cases; to authorize certain actions by the clerk relating to criminal warrants; to authorize the appointment of chief deputy clerks and provide for their duties and powers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 1, 1968 (Ga. Laws 1968, p. 2948), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3188), is hereby amended by striking from the second sentence of the first paragraph of Section 2 thereof the following:

Page 3482

, except cases of injury to the person in which the total amount sued for in the petition, including damages to property, shall exceed $25,000.00, and except in, and inserting in lieu thereof the following: , except, and by adding in said sentence after the following: concurrent with the superior courts,, the following: including but not limited to cases of injury to the person, in which cases the Court shall have civil jurisdiction unlimited in amount, and, and by adding at the end of said paragraph the following: Any case brought in the State Court of Cobb County over which such Court has jurisdiction, notwithstanding the provisions of this Section, may be transferred to the Superior Court of Cobb County when justice requires and upon motion of either party., so that when so amended, said first paragraph shall read as follows: The State Court of Cobb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases involving injury to the reputation, concurrent with the superior courts, including but not limited to cases of injury to the person, in which cases the Court shall have civil jurisdiction unlimited in amount, and including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapters 64-101, 64-201, and 64-301

Page 3483

of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure in cases involving three hundred ($300.00) dollars principal or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over three hundred ($300.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein provided. Any case brought in the State Court of Cobb County over which such Court has jurisdiction, notwithstanding the provisions of this Section, may be transferred to the Superior Court of Cobb County when justice requires and upon motion of either party. Section 1A. Said Act is further amended by striking from the first sentence of Section 6 the following: Said court shall have monthly terms beginning with the first Monday in each month commencing January 2, 1965,, and inserting in lieu thereof the following: Said court shall have terms of two months' duration beginning with the first Monday of every other month commencing July 2, 1979,, so that when so amended, said Section shall read as follows: Section 6. Said court shall have terms of two months' duration beginning with the first Monday of every other month commencing July 2, 1979, to be held at the place provided for holding the same in Cobb County, and such terms shall remain open for the transaction of business until the next succeeding term of said court. Each term of said court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases the judge of said court, in his own discretion, may omit the drawing of a jury for any term of said court, however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases. Section 2. Said Act is further amended by adding at the end of Section 12, relating to criminal procedure, a new subsection (f), to read as follows:

Page 3484

(f) The Clerk of the State Court of Cobb County is hereby authorized to receive all criminal warrants for filing, to assign each such warrant a case number, and to forward each such warrant to the office of the solicitor of said Court for purposes of having an accusation drawn. Section 3. Said Act is further amended by striking in its entirety subsection (b) of Section 17, which reads as follows: (b) The clerk is authorized to appoint a chief deputy clerk who shall be authorized to discharge all of the duties of the clerk during the clerk's absence due to illness or from any other cause, and said chief deputy may at any time discharge any and all of such duties and powers of the clerk as the clerk may delegate to him. The clerk is also further authorized to designate appropriate deputy clerks under his jurisdiction who shall be authorized to perform any and all duties and powers of the clerk as the clerk or, in his absence, the chief deputy clerk may delegate to them., and inserting in lieu thereof the following: (b) The clerk is authorized to appoint chief deputy clerks who shall be authorized to discharge all of the duties of the clerk during the clerk's absence, and said chief deputy clerks may at any time discharge any and all of such duties and powers of the clerk as the clerk may delegate to them. The clerk is also further authorized to designate appropriate deputy clerks under his jurisdiction who shall be authorized to perform any and all duties and powers of the clerk as the clerk or, in his absence, the chief deputy clerks may delegate to them. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 1A shall become effective on July 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 hereby given that there will be introduced at the January-February 1979 session of the General Assembly of Georgia a

Page 3485

bill to amend an Act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28th, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1979. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3486

TALIAFERRO COUNTYPROBATE JUDGE PLACED ON A SALARY BASIS. No. 149 (Senate Bill No. 316). AN ACT To provide that the Probate Judge of Taliaferro County be placed on a salary basis in lieu of a fee basis; to provide for clerical help and their compensation; to provide for reasonable and necessary expenses and regulation thereof; to provide that all fees, commissions, and other compensation of the probate judge shall be paid to the fiscal authority of Taliaferro County, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Probate Judge of Taliaferro County, which is now based on a fee system, is hereby abolished, and he shall hereafter be paid a salary as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by the probate judge, shall be received and diligently collected by him for the sole use of Taliaferro County, and shall be held as public monies belonging to Taliaferro County and accounted for and paid over to the county fiscal authority the tenth day of each month for the immediately preceding month, at which time a detailed itemized statement shall be made by the probate judge under oath showing such collections and the sources from which collected, and the fiscal authority of Taliaferro County shall keep a separate account showing such collections and the sources from which they are paid. Section 2. The Probate Judge of Taliaferro County shall receive a salary equal to the minimum provided by general law, payable in equal monthly installments out of the funds of the county. Section 3. The probate judge may appoint such clerical help as he deems necessary.

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Section 4. All necessary and reasonable expense incurred by the probate judge for clerical help, office supplies, equipment, materials, rent, and utilities shall be paid for by the county out of the county funds; provided that such expenses shall be subject to rules and regulations as may be adopted by the board of commissioners of roads and revenues of Taliaferro County, Georgia, for the purpose of controlling, regulating, and limiting such expenses. Section 5. The provisions of this Act shall become effective on January 1, 1981. 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 1979 session of the General Assembly of Georgia a bill to place the Probate Judge of Taliaferro County on a salary, in lieu of the fee system of compensation; to provide for other matters relative to the foregoing; and for other purposes. This 29th day of January, 1979. Sam P. McGill Senator, 24th District Ben Barron Ross Representative, 76th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Advocate Democrat which is the official organ of Taliaferro County, on the following dates: February 2, 9, 16, 1979. /s/ Sam P. McGill Senator, 24th District

Page 3488

Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979. CITY OF McRAEPOLICE COURT, PENALTIES. No. 150 (Senate Bill No. 317). AN ACT To amend an Act creating a new charter for the City of McRae, Georgia, approved March 22, 1963 (Ga. Laws 1963, p. 2482), so as to change the provisions relating to penalties in the 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 new charter for the City of McRae, Georgia, approved March 22, 1963 (Ga. Laws 1963, p. 2482), is hereby amended by striking Section 49 in its entirety and inserting in lieu thereof a new Section 49 to read as follows: Section 49. The mayor of said city, as judge of said police court, shall have power to impose fines for the violation of any law or ordinance of said city passed in accordance with its charter in an amount not to exceed $1,000.00 and to imprison offenders in the guardhouse of said city or the common jail of Telfair County for not to exceed ninety days, or at labor on the public works and the streets of the City of McRae for not more than 120 days; and said mayor shall have the power and authority to impose any one or more of these punishments when, in his opinion, the facts of the case

Page 3489

justify it. Said mayor shall not have the authority to inflict a greater punishment for contempts committed in the presence of the court than to impose a fine of $500.00 or imprisonment for a space not exceeding thirty days. Said mayor shall be to all intents and purposes a justice of the peace so as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the said city, and to commit the offenders to the County of Telfair or the city jail or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. If, in the examination or trial of any person accused under a charge of violation of any of the municipal ordinances, there is reason to suspect the commission of a crime on his part, the mayor shall have authority to bind over or commit said accused to a court of competent jurisdiction for said penal offenses. 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 1979 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of McRae, Georgia, approved March 22, 1963 (Ga. Laws 1963, p. 2482); and for other purposes. This 12th day of February, 1979. James E. Boyer, Jr. City Attorney for the City of McRae 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

Page 3490

organ of Telfair County, on the following dates: February 14, 21, 28, 1979. /s/ James Ronald Walker Senator, 19th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CITY OF LUMBER CITYMUNICIPAL COURT, ETC. No. 151 (Senate Bill No. 318). AN ACT To amend an Act creating a new charter for the City of Lumber City, Georgia, approved April 17, 1973 (Ga. Laws 1973, p. 3540), so as to change the provisions relating to the municipal court; to provide for a judge of the municipal court, his election, term of office, compensation, duties and powers; to provide for penalties and punishment in said court; to provide for the issuance of warrants; to provide for appeals and the practice and procedures connected therewith; to provide for powers and duties of police officers; to provide for bails and recognizances; to provide for forfeiture of bonds, cash or property; to provide for court costs and 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 a new charter for the City of Lumber City, Georgia, approved April 17, 1973 (Ga. Laws 1973, p. 3540), is hereby amended by striking in its entirety Article III (Sections

Page 3491

3.01 through 3.11) and inserting in lieu thereof a new Article III to read as follows: ARTICLE III JUDICIAL BRANCH Section 3.01. Municipal Court. There shall be a municipal court in said city for the trial of all offenders against the laws and ordinances of the City of Lumber City to be known as the `Municipal Court of the City of Lumber City', the same to have a seal, and it shall be a court of record. A judge shall preside over such court who shall be appointed by the city council. The judge so appointed shall serve at the pleasure of the council, and his compensation shall be fixed by the council. The city attorney may also serve as the municipal court judge. The jurisdiction of said municipal court shall extend to all offenses herein provided for, together with all other offenses of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said city. The sessions of said municipal court shall be held by the presiding officer of the municipal court at such times and at such places in said city as in his judgment may be necessary and as the council may designate. Section 3.02. Penalty for Violation of Laws and Ordinances. The presiding officer of the Municipal Court of the City of Lumber City may punish for any violation of a city ordinance or law by a fine not exceeding $1,000.00, by imprisonment not to exceed ninety days, by work on the work gangs on the streets of the City of Lumber City or on such public works as the work gang may be employed upon not to exceed 120 days, or by any one or more of these punishments in the discretion of the presiding officer of the municipal court. Section 3.03. Appeal from Conviction in Municipal Court. Any person convicted in the Municipal Court of the City of Lumber City for the violation of any ordinance or law thereof shall have the right of appeal to the Superior Court of Telfair County, Georgia, such appeal to be by applying for and obtaining a writ of certiorari as is provided for in Code Sections 19-203 to 19-216, inclusive, Code of Georgia, and any Act amendatory thereof except as hereinafter modified. The petition for issuance of a writ of certiorari to the Superior Court of Telfair County, Georgia, must be filed in said

Page 3492

county within five days after the judgment complained of is pronounced; and all costs of the case must first be paid and bond and security given to answer the final judgment rendered in the case, such bond and security to be approved by the presiding officer of the Municipal Court of the City of Lumber City. Section 3.04. Bond. (a) Any police officer of the City of Lumber City shall have authority to release any person arrested for a violation of any law or ordinance of said city, or law over which the presiding officer of the municipal court may have jurisdiction, upon such person giving bond, with security, payable to the City of Lumber City in an amount and surety to be approved by the Chief of Police of the City of Lumber City and conditioned for the appearance of such person before the municipal court at the time and place specified in said bond and from time to time until he or she has been tried for the offense for which he or she is charged. (b) If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited and a rule nisi shall be issued requiring him or her or the surety upon such bond, or both, to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof; provided, however, service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute and execution shall issue for the full amount thereof and all costs, in the same amounts as are applicable in such cases in the superior courts, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the Clerk of the City of Lumber City and the presiding officer of the municipal court and shall be directed as warrants are directed as set out hereinafter. The same, when so issued, shall be a lien upon all property, real or personal, of such parties, and binding effect upon such property and of the defendant and surety therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed; provided, however, that any police officer of said city may require cash bonds for the appearance of such arrested person or persons and, upon their failure to appear at

Page 3493

the trial thereof, said cash bond may be regarded as a fine and so assessed by said presiding officer of the municipal court and paid into the treasury of the city in the discretion of the presiding officer of the municipal court. Section 3.05. Powers of Court. When sitting as a court for the trial of offenders, the presiding officer of the municipal court shall have the power to punish for contempt against his lawful authority, whether in his presence or otherwise, by a fine not exceeding $500.00, by imprisonment not exceeding thirty days, or by one or both or any part thereof, in the discretion of the presiding officer of the municipal court. The presiding officer of the municipal court shall have the power and authority to subpoena witnesses to attend the municipal court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance and to punish any witness who has been subpoenaed and fails to attend under the provisions for contempt provided for hereinbefore. The presiding officer of the municipal court shall have the power to forfeit bonds for appearance at the sessions of the municipal court and to do all other acts and things necessary for the proper reinforcement of the authority of the Municipal Court of the City of Lumber City. Section 3.06. Warrants; Execution; Form. (a) The presiding officer of the municipal court shall be authorized to issue warrants for any offense under any law or ordinance of the City of Lumber City or this State and, when the offense is against State law and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a State court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the City of Lumber City, the arresting office shall carry the same before the municipal court, where same shall be disposed of as other cases of arrest not under warrant. (b) All warrants issued by the presiding officer of the municipal court shall be directed to the `Chief of Police of the City of Lumber City, or a policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia' and any one of said officers shall have authority to execute these warrants. Any sheriff or deputy sheriff of any county in the State of Georgia shall have authority to execute, anywhere in the State of

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Georgia, any warrant issued by the presiding officer of the municipal court. Section 3.07. Fugitives from Justice. Should any person violating any of the ordinances or laws of the city flee from the jurisdiction thereof, he or she may be apprehended wherever he or she may be in this State; and the warrant of the presiding officer of the municipal court of the city shall be sufficient authority for his or her arrest and his or her return and trial upon the charge resting against him or her. After trial and conviction of a violation of an ordinance or law of said city, should any person escape, he or she may be apprehended wherever found in this State; and the warrant of the presiding officer of the municipal court of said city shall be sufficient authority for his or her arrest and return. All persons escaping from the custody of the city may be again tried for such escape and punished not exceeding penalties hereinbefore set out. Section 3.08. Arrest by Police Officers; Right to Bail and Recognizance. All police officers of said city shall have the power and authority to arrest persons when there is established probable cause to believe that such persons have violated any ordinances of the city or laws of the State and to confine them in the city prison or the common jail of Telfair County. Such persons shall be brought before the municipal court for the purpose of a commitment hearing following such arrest as soon as practicable but not later than the next session of the municipal court; and, if there exists probable cause to believe that an offense has been committed and that the defendant committed it, the judge of the municipal court shall bind the defendant over for trial and shall grant him or her bail or recognizance if the offense is bailable under ordinance or State law. If said probable cause does not appear, the judge shall discharge the defendant. Section 3.09. Court Costs. In all cases in the Municipal Court of the City of Lumber City, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State or the council may establish a schedule of fees to defray the costs of operation. The city shall be entitled to reimbursement of the costs, meals, transportation and caretaking of prisoners bound over to the superior court for violations of State law. The council also may provide a uniform scale of costs of the clerk and police officers of

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said city for all services in the arrest and prosecution of offenders in the municipal court and in the issuance and collection of tax and other executions and for their collection and payment into the city treasury. Section 3.10. Rules for Court. With the approval of the council, the judge of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, the council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. 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 1979 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Lumber City (formerly known as the Town of Lumber City), approved April 17, 1973 (Ga. Laws 1973, p. 3540) as amended; and for other purposes. This 12th day of February, 1979. James E. Boyers, Jr. City Attorney for The City of Lumber City 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

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organ of Telfair County, on the following dates: February 14, 21, 28, 1979. /s/ James Ronald Walker Senator, 19th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. PUTNAM COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 152 (Senate Bill No. 320). AN ACT To amend an Act creating the 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), an Act approved March 27, 1972 (Ga. Laws 1972, p. 2880), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3409), 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 the 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), an Act approved March 27, 1972 (Ga. Laws 1972, p. 2880), and an Act approved March 13, 1978

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(Ga. Laws 1978, p. 3409), is hereby amended by striking from the first unnumbered paragraph of the 1957 amendatory Act the following: $250.00, and inserting in lieu thereof the following: $400.00, and by striking from said first unnumbered paragraph the following: $150.00, and inserting in lieu thereof the following: $300.00, so that when so amended the first unnumbered paragraph of the 1957 amendatory Act 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 $400.00 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 $300.00 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 traveled. 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.

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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 1979 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 1879, p. 334) as amended; and for other purposes. This 8th day of Feb., 1979. 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 Eatonton Messenger which is the official organ of Putnam County, on the following dates: February 15, 22, 1979 and March 1, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 2nd day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF TOOMSBORONEW CHARTER. No. 153 (Senate Bill No. 321). AN ACT To provide a new charter for the City of Toomsboro, in the County of Wilkinson; to provide for the incorporation and powers of said city; to provide for the governing body of said city; to provide for the executive branch; to provide for the judicial branch; to provide for elections; to provide for the financial and fiscal affairs of said city; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal a specific Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.10. Incorporation . This Act shall constitute the whole Charter of the City of Toomsboro, repealing and replacing the charter of the Town of Toomsboro provided by an Act of the General Assembly, approved August 15, 1904 (Ga. Laws 1904, p. 674), as amended. The City of Toomsboro, Georgia, in the County of Wilkinson and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Toomsboro, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of law and equity and in all actions whatsoever and may have and use a common seal and change it at pleasure. Section 1.11. Corporate Boundaries . The boundaries of the City of Toomsboro 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 Toomsboro, at all times, shall be shown on a map to be retained permanently in the city hall. Copies of such map certified by the mayor shall be admitted in evidence in all

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courts and shall have the same force and effect as with the original map. Section 1.12. Specific Powers . (a) In conformity with and subject to the requirements of the general laws of this State the corporate powers of the government of the City of Toomsboro, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted;

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(8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fees, fares, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services not to exceed periods of thirty-five (35) years; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; 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) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city; (11) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, public buildings, recreational facilities, cemeteries, markets and markethouses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational conservation sports, 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; (12) To regulate the erection, construction, and repair of buildings and all other structures; to adopt housing, building, plumbing, electrical, gas, heating and air-conditioning codes; and to provide for the enforcement of such standards; to regulate and license all housing, building, and building trades;

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(13) 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; to provide for the prevention and punishment of riots and public disturbances; to regulate public meetings and public speaking in the streets of said city by preventing the obstruction of the streets or the gathering of disorderly crowds; to prohibit or regulate by ordinance such other conduct and activities within the City of Toomsboro which, while not constituting offenses against the laws of this State, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (14) To regulate or prohibit junk dealers, pawnshops, the manufacture, sale or transportation of intoxicating liquids and liquors, the use and sale of firearms, the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment and any other business or situation which may be dangerous to persons or property; (15) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (16) To license, tax, regulate or prohibit professional fortune-telling or palmistry; (17) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads and within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (18) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) To regulate the emission of smoke or other exhaust 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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(20) 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; (21) To provide for the destruction and removal of any building or other structure which may or might become dangerous or determental to the public; (22) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish and refuse by others, and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and for the sale of such items; to levy, fix, assess and collect a service charge, tax or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations, residing in or doing business within the city and benefiting from such services; to provide for the collection of and to enforce the payment of such charges, taxes and fees; (23) To levy a fee, charge, or tax as necessary to insure the acquiring, constructing, equipping, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer connection fee or fees; a sewer service charge, fee, or tax for the use of sewers; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (24) To levy a fee, charge, or tax as necessary to insure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee; service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same. (25) To define, regulate and prohibit any act, conduct, practice or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards;

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(26) To define a nuisance and provide for its abatement whether on public or private property; (27) 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) To provide that persons given jail sentences in the recorder's court may work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinance enacted hereunder; (30) To regulate the operation of motor vehicles; and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (31) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) To provide and maintain a system of pensions and retirement for officers and employees of the city; (33) To levy and to provide for the collection of special assessments to cover the costs of any public improvements; (34) To enter into contracts and agreements with other governments entities and with private persons, firms and corporations

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providing for services to be furnished and payments to be made therefor; (35) To create, alter or abolish departments, boards, offices, commissions and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the health, peace, order and good government of the city; (37) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (38) To exercise the power of arrest through duly appointed policemen; (39) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; in case of extraordinary emergency the mayor and council shall have power and authority to increase tax rate 1/2 of 1 percentum ad valorem; (40) To pass and enforce zoning laws or districts, and planning laws; to regulate the use for which said zones or districts may be set apart, fixed and established. (b) In addition to the specific powers enumerated in subsection (a) above, the governing authority of the City of Toomsboro is hereby authorized to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such

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powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution and laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the City of Toomsboro shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the City of Toomsboro full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.15. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority of the City of Toomsboro, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five (5) councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter.

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Section 2.11. Terms and Qualification of Office. The mayor and the councilmembers shall serve for terms of two (2) years. No person shall be eligible to serve as mayor or councilmember unless: (a) he has been a resident of the City of Toomsboro for a period of one (1) year immediately prior to the date of the election of mayor or councilmember; (b) he continues to reside within the City of Toomsboro during his period of service; (c) he is registered and qualified to vote in municipal elections of the City of Toomsboro; and (d) he meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) The office of mayor or 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 laws of the State of Georgia. (b) The mayor or any councilmember shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and Expenses. The mayor and councilmembers shall receive compensation for their services in an

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amount set by ordinance. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective city office or elective city employment during the term for which he was elected. The provisions of this Section shall not apply to any person holding employment on the effective date of this Act. (b) Neither the mayor nor any councilmember shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The council may make inquiries and investigation 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 Toomsboro 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 Toomsboro and may enforce such ordinance by imposing penalties for violation thereof. (c) The council may by ordinance change, create, alter, abolish or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter.

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Section 2.20. Chief Executive Officer. The mayor shall be the chief executive of the City of Toomsboro. He shall possess, have and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers granted to him in this charter. Section 2.21. Duties of Mayor. As the chief executive officer of the City of Toomsboro, the mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for the service of process and for ceremonial purposes; (c) have power to administer oaths and to take affidavits; (d) sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (g) recommend to the council such measures relative to the affairs of the city, improvement of the government and promotion of the welfare of its inhabitants as he may deem expedient; (h) call special meetings of the council as provided for in Section 2.31 of this charter; (i) examine and audit all accounts of the city before payment; (j) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient;

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(k) suspend any appointed city employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employee or officer's capability shall be decided by the council; (l) prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (m) break a tie vote of the councilmembers; (n) perform other duties as may be required by law, this charter or ordinance. Section 2.22. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any cause, one of the councilmembers chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. Section 2.30. Organization Meeting. (a) The council shall meet for organization on the first day of the month following the city elections. The oath of office shall be administered to the newly elected members by the mayor, or mayor pro tem, or anyone authorized to administer oaths, as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or councilmember as the case may be) of the City of Toomsboro and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) The council shall have the right to elect one of its members to serve as mayor pro tem for a two-year term of office. Section 2.31. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.

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(b) Special meetings of the council may be held on call of the mayor or, in his absence, the mayor pro tem. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the special meeting shall also constitute waiver of notice. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.32. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.33. Quorum, Voting. The mayor or mayor pro tem and three councilmembers shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them. Section 2.34. Action Requiring an Ordinance. (a) Except as herein provided every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The council of the City of Toomsboro hereby ordains..... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. Section 2.35. Emergency Ordinances . To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances but such ordinances

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may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three (3) 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 sixty (60) days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.36. Codes of Technical Regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.37. Section 2.37. Signing, Authenticating, Recording, Codification, Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council may provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Toomsboro, Georgia. copies of the code

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

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(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. 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 shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, terms of office or manner of appointment is prescribed by this charter or by applicable State law. (c) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable State law. (d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (e) Any member of a board, commission or authority may be removed from office for cause by a vote of three (3) members of the council. (f) Members of boards, commissions or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions or authorities shall be as prescribed by the council.

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(h) Except as otherwise provided by this charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one of its members as vice-chairman for terms of one (1) year. Each board, commission or authority may elect one of its members as secretary or may appoint an employee of the city as secretary. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.20. City Manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The council shall appoint a city attorney together with such assistant city attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city tax collector to collect all taxes, licenses, fees and other money belonging to the city subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities.

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Section 3.42. City Accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.43. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.50. Position Classification, Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all the employees of the City of Toomsboro and to any of its agencies and departments. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (a) the method of employee selection and probationary periods of employment; (b) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (c) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoff shall be effected; and (d) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Toomsboro. ARTICLE IV JUDICIAL BRANCH Section 4.10. Recorder's Court; Creation. There is hereby established a court to be known as the Recorder's Court of the City of Toomsboro 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

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authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the recorder of said court. Section 4.11. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-one (21) years, shall be an active member of the State Bar of Georgia in good standing, and shall serve at the discretion of the council. The compensation of the recorder shall be fixed by the council. (b) A recorder pro tem shall serve in the absence or disqualification of the recorder, shall be appointed by the council, shall take the same oath as the recorder and shall exercise the same powers and duties as the recorder when acting in the recorder's stead. (c) Before entering on the duties of his office, the recorder shall take an oath before the city clerk that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The recorder's court shall try and punish for crimes against the City of Toomsboro and for violations of its ordinances. The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed thirty dollars ($30) or five (5) days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000) or imprisonment for ninety (90) days, or both, and as an alternative

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to fine or imprisonment may sentence any offender upon conviction to labor on the streets, sidewalks, squares or other public works. (b) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The recorder's court shall have the authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash, personal property or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the recorder presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and the defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the recorder forfeited to the City of Toomsboro or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served 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 Toomsboro granted by State laws generally to mayor's, recorder's

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and police courts and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Appeal. Any person convicted in the recorder's court shall have the right to apply to the superior court of the county for a writ of certiorari. Section 4.15. Rules for Court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may adopt in whole or in part the rules and regulations relative to the procedures for the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least forty-eight (48) hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections. (a) The regular municipal elections for the City of Toomsboro shall be held on the first Wednesday in December in each even-numbered year. (b) On Wednesday, December 3, 1980, the initial election under this charter shall be held. At said election a mayor and five (5) councilmembers shall be elected for terms of two (2) years. Section 5.11. Qualifying, Voting Procedures. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes and such other rules and regulations as may be necessary for the conduct of the elections in the City of Toomsboro. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials for the City of Toomsboro as to primary, special or general elections shall be in conformity with the provisions of Code Title 34A, the Georgia Municipal Election Code, as now or hereafter amended.

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Section 5.21. Special Elections, Vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six (6) months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.30. Grounds for Removal of Elected Officers. The mayor or any councilmember shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) Willful violation of any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof; or (f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.31. Procedure for Removal. Removal of an elected officer from office may be accomplished by either of the following methods: (a) By action of unanimous vote of the entire membership of the council; provided, however, that if the person sought to be removed is a member of the council, then he shall not vote. In such case, the officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided

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shall have the right of appeal from the decision of the council to the Superior Court of Wilkinson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Wilkinson County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Toomsboro. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax Levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is authorized to provide for sufficient levy to pay 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, when such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal,

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State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city. Section 6.14. Licenses, Occupational Taxes, Excise Taxes . The council shall have full power to levy by ordinance such license or specific or occupation taxes upon the residents of Toomsboro, 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 business, occupations, professions or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charge . The council may provide by ordinance for the assessment and collection of fees, charges and tolls for sewer services rendered both within and without the corporate limits of the city, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and city property taxes and enforceable in the same manner and under the same procedures as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge . The council shall have the authority to levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the city and benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so

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assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Special Assessments . The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, side-walk, 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. They shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten (10) percent and shall thereafter be subject to interest at the rate of seven (7) percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.18. Transfer of Executions . The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.: provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.20. General Obligation Bonds . The council shall have the power to issue bonds to raise revenue for any project, program or venture authorized under this charter or the general laws of this State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

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Section 6.21. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended or by any other Georgia law as now or hereafter provided. Section 6.22. Short-term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.30. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency and activity of the city government unless otherwise provided by State or federal law. Section 6.31. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget including requirements as to scope, content and form of any such budgets and programs. Section 6.32. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose; provided, however, that any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.41. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Toomsboro. (b) The council may sell and convey any real or personal property owned or held by the City of Toomsboro 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.

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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 GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Toomsboro shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Toomsboro 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 Toomsboro not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings initiated under the former charter of the City of Toomsboro 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 city council.

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Section 7.13. 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 7.14. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed twelve (12) months or both such fine and imprisonment. Section 7.15. Specific Repealer. An Act incorporating the Town of Toomsboro in the County of Wilkinson, approved August 15, 1904 (Ga. Laws 1904, p. 674), 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. 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 independently of each other. Section 7.17. 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 1979 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Toomsboro and for other purposes. This 13th day of February, 1979. 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 Wilkinson County News which is the official organ of Wilkinson County, on the following dates: February 15, 22, 1979 and March 1, 1979. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 2nd day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. TELFAIR COUNTYSMALL CLAIMS COURT. No. 154 (Senate Bill No. 322). AN ACT To create and establish a Small Claims Court in and for Telfair County; to prescribe the jurisdiction of said court; to prescribe the

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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 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. Small Claims Court Created; Jurisdiction. There is hereby created and established a Small Claims Court in and for Telfair County. Said 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 the laws of the State of Georgia. Section 2. Judge; Appointment; Term; Vacancies; Removal from Office. (a) Within thirty days after this Act becomes of full force and effect, the Grand Jury of Telfair 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 Telfair 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.

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(b) Said judge may be removed from office for cause by a complaint being filed in the Superior Court of Telfair County in accordance with the Civil Practice Act of the State of Georgia as the same now exists or may hereafter be amended. Upon being found unfit to hold office by the presiding judge of said superior court, said office shall be declared vacated and the unexpired term shall be filled by the grand jury then in session. Section 3. Qualifications of Judge. (a) Any person appointed as a judge of the small claims court created by this Act must have been a resident of Telfair County at least two years immediately preceding his/her appointment, must be at least twenty-five years of age, must have a high school diploma or its recognized equivalent and must be a person of outstanding character and integrity. If said person is not an attorney licensed to practice law before the Superior Court of Telfair County and a member in good standing of the State Bar of Georgia, then said person (within six months from his/her appointment and taking the oath of office as Judge of the Small Claims Court of Telfair County) shall be certified by the Judicial Council of Georgia as a small claims judge or the equivalent of said position. Said certification shall be sent to the office of the Commissioner of Telfair County where the same is to be recorded upon the minutes of said office for public inspection. Said judge shall be recertified during his/her term of office as recommended by the Judicial Council of Georgia. (b) If said person is an attorney, he/she may engage in the practice of law in any court of this State or of the United States during his/her term of office except the Small Claims Court of Telfair County. (c) All other officers hereafter provided for, appointed to or employed by said court must be at least twenty-one years of age and must be residents of the county and of good character and integrity. (d) The judge of said small claims court shall, prior to entry upon duties, take an oath to faithfully administer and discharge the duties of his/her respective office in accordance with the Constitution and laws of the State of Georgia and the ordinances of Telfair County.

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Section 4 . Acting Judge. 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/her office, the Judge of the Superior Court of Telfair 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 5 . Clerk. 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 6 . Judge's Compensation. All fees collected by the judge, as herein authorized, shall be retained by him/her as his/her sole remuneration. Section 7 . Small Claims. (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/her 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

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defendant at his/her 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 be not 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. (h) A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. (i) (1) The plaintiff, when he/she files his/her 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

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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/her 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 executions 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. (j) (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 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. (4) 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

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which exceeds the jurisdiction of the court, he/she may use a part thereof to offset the claim of the plaintiff. (5) 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. (k) 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/she may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. (l) The Judge of the Superior Court of Telfair 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. (m) 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/her 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

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to serve summons, make levies and sales and serve as ex officio bailiffs of said court. (n) 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. (o) Appeals may be had from judgments returned in the small claims court to the superior court by applying for and obtaining a writ of certiorari as is provided for in Code Sections 19-203 to 19-216, inclusive, Code of Georgia, and any Act amendatory thereof except as hereinafter modified. The petition for issuance of a writ of certiorari to the Superior Court of Telfair County, Georgia, must be filed in said county within five days after the judgment complained of is pronounced and all costs of the case must first be paid and bond and security given to answer the final judgment rendered in the case, such bond and security to be approved by the judge of the small claims court. Section 8 . Small Claims; Sample Forms. 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 Telfair County McRae, Georgia

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Section 9 . Office Facilities, Equipment, etc. All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the county commissioner. Said county commissioner shall provide adequate and suitable quarters, facilities and accommodations for transacting the business of such court, and he/she may provide such additional personnel as in his/her judgment the court may from time to time require.

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Section 10 . Terms and Place of Holding of Small Claims Court. 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 to be held in the county seat. He/she shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his/her answer not sooner than thirty days and not later than forty-five days after he/she 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 11 . Garnishment. 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/her 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 12 . Fines. 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 13 . Fees. 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 of the first $250.00 and five percent on all sums over that amount, with a minimum of $3.00. Section 14 . Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or

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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 15 . Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to create a Small Claims Court and-or a Magistrate's Court of Telfair County; and for other purposes. This 12th day of February, 1979. James E. Boyers, Jr. City Attorney for Telfair County 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: February 14, 21, 28, 1979. /s/ James Ronald Walker Senator, 19th District

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Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. TELFAIR COUNTYSCHOOL DISTRICTS, REFERENDUM. No. 155 (Senate Bill No. 323). AN ACT To divide the County of Telfair into school districts; to provide for the election of members of the Board of Education of Telfair County; to provide for their terms of office and qualifications; to provide for the filling of vacancies on said board; to provide the powers and duties of said board; to provide for the compensation of the members of said board; 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 . Composition. The Board of Education of Telfair County shall be composed of seven citizens of said county elected by the voters of said county as hereinafter provided. Section 2 . Education Districts. (a) For the purpose of electing the members of said board of education, Telfair County is hereby divided into seven education districts to be composed of the territory of Telfair County embraced as follows: Education District 1: To find the BEGINNING POINT of Education District 1 go to the intersection of the right-of-way of Southern Railroad with the right-of-way of Seaboard Coastline Railroad in the City of Helenasaid intersection of two railroads being the BEGINNING POINT of this description; and from said BEGINNING POINT as before-established run in a general Northeasterly direction along the Seaboard Coastline Railroad to the point where said railroad intersects the Northeastern

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City Limits of the City of Helena; and from said point run in a general Southeasterly direction along the City Limits of Helena to the point where said City Limits intersect the City Limits of McRae; and from said point follow the City Limits of McRae in a general Northeasterly and Easterly direction and crossing said Highway 441 to the point where said City Limits of McRae intersect the right-of-way of the Southern Railroad; and from said point run in a general Westerly direction along the right-of-way of the Southern Railroad to the BEGINNING POINT of Education District 1. Education District 2: To find the BEGINNING POINT of Education District 2 go to the point where the Northwestern City Limits of McRae intersect the right-of-way of the Southern Railroadsaid intersection point being the BEGINNING POINT of Education District 2; and from said BEGINNING POINT as before-established run in a general Southwesterly and South direction along the City Limit Line of the City Limits of McRae to a point where said City Limits intersect the Easterly right-of-way of Highway 441; and from said point run in a general North-Northeasterly direction and continue to follow the City Limits of McRae to a point where they intersect the Southern Railroad right-of-way; and from said point run in a general Westerly direction along the right-of-way of Southern Railroad to the BEGINNING POINT of Education District 2. Education District 3: To find the BEGINNING POINT of Education District 3 go to the point where the City Limits of Helena intersect the right-of-way of Southern Railroadsaid point being the BEGINNING POINT of Education District 3; and from said BEGINNING POINT as before-established run in a general Westerly direction along the Southern Railroad to the point where it intersects the Seaboard Coastline Railroad; and from said point run in a general North-Northeasterly direction along the Seaboard Coastline Railroad to a point where said Railroad intersects the City Limits of Helena; and from said point follow the City Limits of Helena in a general Southeasterly direction to the point where the City Limits of Helena intersect with the City Limits of McRae; and from said point follow the City Limits of McRae in a general Easterly and Northeasterly direction to the point where said City Limits intersect the centerline of U. S. Highways 441 and 319 and State Highways 30 and

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31; and from said point follow the centerline of U. S. Highway 441 to the point where said centerline intersects the Little Ocmulgee River; and from said point follow the meanderings of the Little Ocmulgee River upstream to a point where said meanderings intersect the Northwestern County Line of Telfair County; and from said point follow the Telfair County Line in a Northwesterly, Westerly, and Southwesterly direction to the point where said County Line intersects the Northern City Limits of the City of Milan; and from said point follow the surcompass of the City Limits of Milan in a general Southeasterly direction to a point where said City Limits intersect the centerline of County Road S585; and from said point follow the centerline of County Road S585 by Midway Church to a point where said centerline intersects the centerline of County Road S1910; and from said point follow the centerline of County Road S1910 to its intersection with the centerline of U. S. Highways 441, 319, and Georgia State Highway 31; and from said point follow the centerline of U. S. Highways 441 and 319 to a point where said centerline intersects the run of Turnpike Creek; and from said point follow the run of Turnpike Creek upstream in a general Northwesterly direction to a point where said run of Turnpike Creek intersects the center line of Georgia Highway Number 132; and from said point run in a general Northerly direction along the centerline of Georgia Highway 132 to a point where said Highway intersects the City Limits of McRae; and from said point follow the City Limits of McRae in a general Northwesterly, Northeasterly, Northwesterly and Northeasterly direction to a point where the City Limits of McRae and Helena intersect the Southern Railroadsaid point being the BEGINNING POINT of Education District 3. Education District 4: To find the BEGINNING POINT of Education District 4 go to the intersection of the Southern City Limits of McRae with the centerline of Georgia Highway 132said intersection point being the BEGINNING POINT of Education District 4; and from said BEGINNING POINT as before-established follow the centerline of Georgia Highway 132 in a general Southwesterly direction to a point where said Highway centerline crosses Turnpike Creek; and at said point run in a general Southeasterly direction following Turnpike Creek to a point where said Creek intersects Georgia Highways 31, 319, and 441; and from said point run in a general Southerly direction

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along the centerline of Georgia Highways 31 and 319 to a point where said Highway 319, 31, and 441 intersect with the centerline of County Road denoted by Number S1910 on the 1974 General Highway Map of Telfair County, Georgia (said intersection point being located near Rockwell Church); and from said point follow the centerline of County Road S1910 to a point where it intersects County Road S585 near Workmore School; and from said point follow the centerline of County Road S585 and run in a general Easterly direction across Highways 31 and 319 to a point on Georgia Highway 149; and from said point follow the centerline of Georgia Highway 149 to a point where it intersects Turnpike Creek; and from said point run in a general Easterly direction along the meanderings of Turnpike Creek to a point where said Creek flows into the run of Sugar Creek; and from said point follow the run of Sugar Creek to a point where it flows into Little Ocmulgee River; and from said point follow the meanderings of the Little Ocmulgee River in a Northwesterly and upstream direction past Towns and the City of Scotland to a point where said Little Ocmulgee River intersects the centerline of U. S. Highway 441; and from said point follow U. S. Highway 441 to a point where it intersects the City Limits of McRae; and from said point run in a general Easterly and Southeasterly direction along the Eastern City Limits of McRae to the BEGINNING POINT of Education District 4. Education District 5: To find the BEGINNING POINT of Education District 5 go to the intersection of the extension of County Road S1910 as shown on the General Highway Map of Telfair County, Georgia of 1974 to a point where said road extension intersects with the Ocmulgee River near Anderson's Storesaid intersection point being the BEGINNING POINT of Education District 5; and from said BEGINNING POINT as before-established run up the Ocmulgee River to a point where said River intersects with the Western County Line of Telfair County; and from said point run in a general Northeasterly direction along the County Line of Telfair County to a point where said County Line intersects the Northeastern City Limits of Milan; and from said point follow the Northeastern City Limits of Milan to a point where said City Limits intersect with County Road S585 (that being the road on which Midway Church is located); and from said point run in a general Southeasterly

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direction along the centerline of County Road S585 by Midway Church to a point where said County Road S585 intersects with the centerline of County Road S1910; and from said point follow County Road S1910 in a general South-Southwesterly direction past Cobbville over Alligator Creek crossing Georgia Highway 117 to a point where the extension of County Road S1910 intersects with Ocmulgee River near Anderson's Storesaid point being the BEGINNING POINT of Education District 5. Education District 6: To find the BEGINNING POINT of Education District 6 go to the point where the centerline of County Road S1910 intersects with the Ocmulgee Riversaid point being the BEGINNING POINT of Education District 6; and from said BEGINNING POINT as before-established run downstream with the meanderings of Ocmulgee River to a point where said River is intersected by the centerline of County Road 183; and from said point run in a general Northwesterly direction along the centerline of County Road 183 to a point where said Road intersects with Georgia Highway 117; and from said point run in a general Southwesterly direction along the centerline of Georgia Highway 117 to a point where said Road is intersected by the centerline of County Road 182; and from said point run in a general Northwesterly direction along the centerline of County Road 182 crossing Fishing Creek running by Shelton Chapel and also running by Fishing Creek Church to a point where the centerline of said Road intersects with the centerline of County Road 168; and from said point run in a general Southwesterly direction along the centerline of County Road 168 to a point where said centerline is intersected by County Road 177; and from said point run in a general Northwesterly direction along the centerline of County Road 177 to a point where said centerline intersects with County Road 160; and from said point run in a general Northwesterly direction along the centerline of County Road 160 by Shilo Church to Turnpike Creek; and from said point run in a general South-Southwesterly direction along the meanderings of Turnpike Creek to a point where said Creek intersects with the centerline of Georgia Highway 149; and from said point run in a general Southerly direction along the centerline of Georgia Highway 149 to a point where it is intersected by the centerline of County Road S585; and from said point run in a general Westerly direction along the centerline

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of County Road S585 to a point where it intersects the centerline of County Road S1910; and from said point run in a general Southwesterly direction along the centerline of County Road S1910 by Cobbville crossing Georgia Highway 117 and running along the extension of County Road S1910 by Anderson's Store to the BEGINNING POINT of Education District 6 where said County Road intersects with the meanderings of the Ocmulgee River. Education District 7: To find the BEGINNING POINT of Education District 7 go to the point where the centerline of County Road 183 intersects with the meanderings of Ocmulgee Riversaid intersection point being the BEGINNING POINT of Education District 7; and from said BEGINNING POINT as before-established run with the flow of Ocmulgee River in a general Northeasterly direction to a point where said River intersects with the Little Ocmulgee River; and from said point follow the meanderings of the Little Ocmulgee River along the Northeastern line of Telfair County to a point where said River is intersected by Turnpike Creek and Sugar Creek; and from said point follow Sugar Creek to the point where it is intersected by Turnpike Creek; and from said point follow the meanderings of Turnpike Creek to a point where said meanderings are intersected by the centerline of County Road 160 near Shilo Church; and from said point follow the centerline of County Road 160 in a general Southeasterly direction to a point where said County Road is intersected by the centerline of County Road 177; and from said point run in a general Southeasterly direction along the centerline of County Road 177 to a point where said road is intersected by the centerline of County Road 181; and from said point follow the centerline of County Road 181 in a general Northeasterly direction to a point where said centerline is intersected by the centerline of County Road 182 near Fishing Creek Church; and from said point run in a general Southeasterly direction along the centerline of County Road 182 past Shelton Chapel and over Fishing Creek to a point where said County Road is intersected by the centerline of Georgia Highway 117; and from said point run in a general Northeasterly direction along the centerline of County Road 117 to a point where said Road is intersected by the centerline of County Road 183; and from said point run in a general Southeasterly direction along the centerline of County Road 183 to the meanderings of the

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Ocmulgee Riversaid point being the BEGINNING POINT of Education District 7. (b) For the purpose of electing the members of said board of education, the positions on said board of education shall be identified as school board district posts. The district posts shall be numbered and identified as follows: Education District 1, Post 1 Education District 2, Post 1 Education District 3, Post 1 Education District 4, Post 1 Education District 5, Post 1 Education District 6, Post 1 Education District 7, Post 1. (c) All 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 the same now exists or may hereafter be amended. All members of the board of education shall be elected by a plurality vote of the qualified voters of Telfair County residing within his or her respective school district at the elections provided for by Section 3 of this Act. Each person offering for election as a member of said board shall specify the district post for which he or she is offering as a candidate. Section 3. Terms. (a) The members of the Board of Education of Telfair County serving at the time this Act becomes effective by referendum approval shall continue to serve during the terms of office to which they were appointed by the respective Grand Juries of Telfair County except as hereinafter provided. Their successors shall be elected as provided for by subsections (b), (c), (d), (e) and (f) of this Section and their successors shall take office and serve for the term of office as provided for herein. (b) The first members of the board of education who shall occupy Education District 4, Post 1, and Education District 2, Post 1, shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on

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the first day of January immediately following their elections for terms of four years and until their successors are elected and qualified. The first member elected to Education District 4, Post 1, as herein defined, shall be the successor in that position presently occupied by Eugene Sammons, whose term of office would otherwise expire on October 31, 1979; and the term of office of said Eugene Sammons is hereby lengthened to expire on December 31, 1980. The first member elected to Education District 2, Post 1, as herein defined, shall be the successor in that position presently occupied by Alex P. Smith, Jr., whose term of office would otherwise expire on October 31, 1980; and the term of office of said Alex P. Smith, Jr., is hereby lengthened to expire on December 31, 1980. (c) For the period beginning January 1, 1981, and ending on December 31, 1982, the Board of Education of Telfair County shall consist of two members elected to Education District 4, Post 1, and Education District 2, Post 1, as provided by subsection (b) of this Act, and five members of the heretofore existing Board of Education of Telfair County. (d) The first members of the board who shall occupy Education District 1, Post 1, and Education District 5, Post 1, shall be elected at the general election of 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, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The first member elected to Education District 1, Post 1, as herein defined, shall be the successor in that position presently occupied by E. C. Graham, whose term of office would otherwise expire on June 30, 1981; and the term of office of said E. C. Graham is hereby lengthened to expire on December 31, 1982. The first member elected to Education District 5, Post 1, as herein defined, shall be the successor in that position presently occupied by Luther Nunn, whose term of office would otherwise expire on October 31, 1981; and the term of office of said Luther Nunn is hereby lengthened to expire December 31, 1982. (e) For the period beginning January 1, 1983, and ending on December 31, 1984, the Board of Education of Telfair County shall

Page 3547

consist of four members elected to Education District 4, Post 1; Education District 2, Post 1; Education District 1, Post 1; Education District 5, Post 1, as provided by subsections (b) and (d) of this Act; and three members of the heretofore existing Board of Education of Telfair County. (f) The first members of the board who shall occupy Education District 6, Post 1; Education District 7, Post 1; and Education District 3, Post 1, shall be elected at the general election of 1984 and shall take office on the first day of January, 1985, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The first member elected to Education District 7, Post 1, as herein defined, shall be the successor in that position presently occupied by Tommy Lee Ashford, whose term of office would otherwise expire on July 1, 1982; and the term of office of said Tommy Lee Ashford is hereby lengthened to expire on December 31, 1984. The first member elected to Education District 6, Post 1, as herein defined, shall be the successor in that position presently occupied by Preston Fussell, whose term of office would otherwise expire on December 31, 1982; and the term of office of said Preston Fussell is hereby lengthened to expire on December 31, 1984. The first member elected to Education District 3, Post 1, as herein defined, shall be the successor in that position presently occupied by Dorsey Marchant, whose term of office would otherwise expire on October 31, 1983; and the term of office of said Dorsey Marchant is hereby lengthened to expire December 31, 1984. Section 4. Qualifications. Any person shall be eligible to seek election as a member of said board of education who shall be a resident of his respective education district at the time of his qualification, election and during his term of office; and a candidate for membership on said board shall have been a resident of the education district for which he or she offers for election at least one year prior to the date of his or her election. Any member of said board shall immediately be disqualified to continue serving as a member of said board if he or she ceases to be a resident of his or her school district or if he or she qualifies as a candidate for any other federal, State or county elective office. Present members of the board of

Page 3548

education shall be qualified to succeed themselves by election as herein provided. Section 5. Vacancies. Vacancies which occur on the board by death, resignation, removal from the education district or for any other reason within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election, at which time a successor shall be elected to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. Any person elected by the board to fill a vacancy shall be a resident of the education district in which the vacancy occurred. Section 6. Compensation. Each member of the board of education shall be compensated in the amount of $150.00 per month. Section 7. Powers. The Board of Education of Telfair County provided for by this Act shall have all the powers, duties and authorities of the present Board of Education of Telfair County and all other powers, duties and authorities which may be exercised by county boards of education and such additional powers, duties and authorities as are provided for said board in this Act and shall be subject to all provisions of the laws of this State relative to county boards of education and the members thereof, except as otherwise provided by this Act. Section 8. Officers of Board. At the first regular meeting held in January immediately following each general election in which members of the board of education are elected, the board of education shall elect from its own membership a chairperson of the board. The chairperson shall serve at the pleasure of the board and until his or her successor is elected at a regular meeting of the board. The board of education shall elect such other officers from its membership as it deems necessary or desirable to serve for such terms as such officers as the board of education shall determine. Section 9. Referendum. Not less than 45 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Telfair County to issue the call for an election for the

Page 3549

purpose of submitting this Act to the electors of Telfair County for approval or rejection. The superintendent shall set the date of such election for a day not less than 45 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Telfair County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for school board districts and providing for the election of members of the Telfair County Board of Education from such districts for terms of four years 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 Telfair County. It shall be the duty of the election superintendent of Telfair County to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 10. 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 1979 session of the General Assembly of Georgia a bill relative to the selection of the Board of Education and Superintendent of Schools of Telfair County; and for other purposes. This 12th day of February, 1979. Ronnie Walker Senator, 19th District

Page 3550

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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: February 14, 21, 28, 1979. /s/ Ronnie Walker Senator, 19th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. GLASCOCK COUNTYSHERIFF'S DEPUTIES, ETC. No. 157 (House Bill No. 110). AN ACT To amend an Act abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2181), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3329), and an Act approved February 18, 1977 (Ga. Laws 1977, p. 2767), so as to change the compensation payable to certain deputy sheriffs; to authorize the purchasing, equipping, and

Page 3551

maintaining of automobiles for use by 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 abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2181), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3329), and an Act approved February 18, 1977 (Ga. Laws 1977, p. 2767), is hereby amended by striking the second sentence of Section 4 thereof, which reads as follows: However, the total compensation of all such deputies which shall be payable from county funds shall not exceed the sum of $1,500.00 per annum., and inserting in lieu thereof the following: The compensation payable from county funds to the chief deputy so appointed shall not exceed $2,400 per annum, and the aggregate compensation payable from county funds to all other deputies so appointed shall not exceed $3,000 per annum., so that when so amended, said Section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint such deputies as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The compensation payable from county funds to the chief deputy so appointed shall not exceed $2,400 per annum, and the aggregate compensation payable from county funds to all other deputies so appointed shall not exceed $3,000 per annum. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 2. Said Act is further amended by striking Section 5A thereof in its entirety, which reads as follows:

Page 3552

Section 5A. The governing authority of Glascock County is authorized to purchase one automobile equipped with the necessary communication devices and other special equipment commonly on or in automobiles which are used by law enforcement officers for the use of law enforcement and other purposes in Glascock County in such manner and pursuant to such regulations as said governing authority may determine. The governing authority of Glascock County is also authorized to purchase a replacement for said automobile at such time as it may determine and to dispose of the replaced vehicle in such manner as it deems most advantageous to Glascock County. The governing authority of Glascock County is further authorized to provide for the cost of all repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of the automobile authorized to be purchased herein. The funds for the purchase of the automobile and for the payment of the supplies, equipment and maintenance as herein provided shall be payable from the funds of Glascock County., and inserting in lieu thereof a new Section 5A, to read as follows: Section 5A. The governing authority of Glascock County is authorized to purchase automobiles equipped with the necessary communication devices and other special equipment commonly on or in automobiles which are used by law enforcement officers for the use of law enforcement and other purposes in Glascock County in such manner and pursuant to such regulations as said governing authority may determine. The governing authority of Glascock County is also authorized to purchase replacements for said automobiles at such time as it may determine and to dispose of the replaced vehicles in such manner as it deems most advantageous to Glascock County. The governing authority of Glascock County is further authorized to provide for the cost of all repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of the automobiles authorized to be purchased herein. The funds for the purchase of the automobiles and for the payment of the supplies, equipment and maintenance as herein provided shall be payable from the funds of Glascock County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill so as to change the compensation payable to certain deputy sheriffs; to authorize the purchasing, equipping, and maintaining of automobiles for use by the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. /s/ Jimmy Lord Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gibson Record and Guide which is the official organ of Glascock County, on the following dates: December 22, 1978, December 29, 1978 and January 5, 1979. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 10th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3554

INTERMENT OF PAUPERS, ETC. IN CERTAIN COUNTIES (60,000-65,000). No. 158 (House Bill No. 143). AN ACT To provide that the governing authority or the county fiscal agent in all counties of Georgia having a population of not less than 60,000 nor more than 65,000, according to the United States Decennial Census of 1970 or any future such census, is authorized to expend tax funds for the purpose of the preparation of dead bodies for interment and the interment of paupers and indigents upon the governing authority's order for the disposition of such bodies; to provide for statements to be submitted on the cost by the authorized entity handling such duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provision of law, the governing authority or the fiscal agent of any and all counties of the State of Georgia having a population of not less than 60,000 nor more than 65,000, according to the United States Decennial Census of 1970 or any future such census, is hereby authorized to pay to the person, corporation or legal entity designated by the governing authority to handle the dead body of any pauper or indigent a sum not to exceed $250.00 per body handled upon approval of an itemized bill or statement furnished to the governing authority that said services have been rendered. The body shall be interred at a location directed by the governing authority. Said services shall be rendered in accordance with appropriate standards for the handling of said matters. Section 2. The funds paid shall be from the general funds of the county and may be less than $250.00 per body handled but not more. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979.

Page 3555

CITY OF DULUTHCHARTER AMENDED. No. 159 (House Bill No. 229). AN ACT To amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. Laws 1958, p. 3148), as amended, so as to increase the amount of fines that may be levied by the presiding officer of the Police Court of said city; and to change the number of votes required to elect a mayor and councilmen from a plurality of the votes cast to a majority of the votes cast; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. Laws 1958, p. 3148), as amended, is hereby amended by striking the first full sentence of Section 9 thereof and inserting in lieu thereof a new first sentence of Section 9 to read as follows: Be it further enacted by the authority aforesaid, that the mayor or, in his absence or disqualification, the mayor pro tem shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a Police Court for said city, for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinances, not exceeding a fine of $600.00, and imprisonment and labor on the public works of the city for 60 days for each offense, and may impose both a fine and sentence of imprisonment and labor. Section 2. Said Act is further amended by striking the fourth full sentence of Section 36 (a), which reads as follows: Persons receiving the highest number of votes for respective offices shall be declared elected.,

Page 3556

and substituting in lieu thereof a new fourth sentence of Section 36 (a) to read as follows: Persons receiving a majority of the votes cast to fill such respective public office shall be declared elected. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the January Session, 1979, an Act to amend the Act chartering the City of Duluth, the primary purpose of which will be to change the voting requirements to elect Mayor and Council from plurality vote to majority vote, to eliminate the requirement of a referendum in the event that the Mayor and Council determine to sell or lease the water system and to increase the amount of the fines that may be levied by the Recorder's Court of the City of Duluth. This the 12th day of December, 1978. City of Duluth By: Claude Mason, Mayor Georgia, Gwinnett County. Personally appeared before the undersigned attesting officer duly authorized by law to administer oaths, Robert Fowler who, being duly sworn according to law, deposes and says on oath that he is the publisher of The Gwinnett Daily News, a newspaper of general circulation published in the City of Lawrenceville, Gwinnett County, Georgia and being the legal organ for the County of Gwinnett at all times pertinent herein and which the Sheriff's advertisements for Gwinnett County are published and that the following Notice of Intent to Introduce Local Legislation was published by the authority of

Page 3557

the City of Duluth on December 15, 1978; December 22, 1978; and December 29, 1978, the same having been published once a week for three weeks, said Notice as above. This the 5th day of January, 1979. /s/ Robert Fowler Sworn to and subscribed before me, this the 5th day of January, 1979. /s/ Janice L. Bulloch Notary Public, Georgia State at Large. My Commission Expires Oct. 31, 1982. (Seal). Approved April 11, 1979. CITY OF ATLANTACOMPENSATION OF MEMBERS OF BOARD OF EDUCATION. No. 160 (House Bill No. 236). 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 adopted pursuant to the provisions of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298), as amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and which incorporated into the charter of the City of Atlanta the Act reorganizing the Board of Education of the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2167), which Act, by Section 4.109 thereof, is deemed to be a part of the Act creating a new charter for the City of Atlanta, so as to change the provisions relative to the compensation of the President, Vice President and members of the Atlanta Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3558

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 adopted pursuant to the provisions of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298), as amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and which incorporated into the charter of the City of Atlanta the Act reorganizing the Board of Education of the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2167), which Act, by Section 4.109 thereof, is deemed to be a part of the Act creating a new charter for the City of Atlanta, is hereby amended by striking subsection (b) of Section 8-106 (formerly numbered as Section 1-106 of the Act reorganizing the Board of Education of the City of Atlanta, approved March 16, 1973 [Ga. Laws 1973, p. 2167]), which reads as follows: (b) The President of the Board shall receive an annual salary of five thousand dollars ($5,000). The Vice President of the Board shall receive an annual salary of four thousand, six hundred dollars ($4,600). All other voting members of the Board shall receive an annual salary of four thousand, four hundred dollars ($4,400)., in its entirety and inserting in lieu thereof a new subsection (b), which reads as follows: (b) The President of the Board shall receive an annual salary of six thousand dollars ($6,000). The Vice President of the Board shall receive an annual salary of five thousand, four hundred dollars ($5,400). All other voting members of the Board shall receive an annual salary of five thousand, two hundred dollars ($5,200). Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Secion 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3559

Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Atlanta, the 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 1979 Session of the General Assembly of Georgia, which convenes on Monday, January 8, 1979 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 22nd day of December, 1978. William M. (Bill) Alexander Legislative Coordinator City of Atlanta 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, J. E. McKinney who, on oath, deposes and says that he/she 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 27, 1978, January 3 and 10, 1979. /s/ J. E. McKinney Representative, 35th District

Page 3560

Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979. CITY OF ATLANTAELECTED OFFICERS OF BOARD OF EDUCATION. No. 161 (House Bill No. 238). 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 adopted pursuant to the provisions of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298), as amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and which incorporated into the charter of the City of Atlanta the Act reorganizing the Board of Education of the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2167), which Act, by Section 4.109 thereof, is deemed to be a part of the Act creating a new charter for the City of Atlanta, so as to provide that no elected officer of the city school system shall hold any other elective municipal, county, State or federal office during his term of office as an elected officer of the city school system; to provide for the creation of vacancies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3561

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 adopted pursuant to the provisions of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298), as amended, which ordinance is set forth in Ga. Laws 1974, p. 4023 and which incorporated into the charter of the City of Atlanta the Act reorganizing the Board of Education of the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2167), which Act, by Section 4.109 thereof, is deemed to be a part of the Act creating a new charter for the City of Atlanta, is hereby amended by striking subsection (c) of Section 8-104 (formerly numbered as Section 1-104 of the Act reorganizing the Board of Education of the City of Atlanta, approved March 16, 1973 [Ga. Laws 1973, p. 2167]), which reads as follows: (c) If any elected officer of the City school system qualifies for a municipal, county, State or Federal office, except to succeed himself, he shall resign his present office and such office shall be vacant on the date of said qualification., in its entirety and inserting in lieu thereof a new subsection (c), which reads as follows: (c) No elected officer of the city school system shall hold any other elective municipal, county, State or federal office during his term of office as an elected officer of the city school system. Any such elected officer of the city school system assuming another office shall resign his present office with the city school system and such office shall be vacant on the date such officer assumes such other 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 the City of Atlanta, the 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 1979 Session of the General Assembly of Georgia, which convenes on Monday, January 8, 1979 to amend the Charter of the City

Page 3562

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 22nd day of December, 1978. William M. (Bill) Alexander Legislative Coordinator City of Atlanta 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, Paul Bolster who, on oath, deposes and says that he/she is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton Daily Recorder which is the official organ of Fulton County, on the following dates: December 27, 1978, January 3 and 10, 1979. /s/ Paul Bolster Representative, 30th District

Page 3563

Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Barbara H. Couch Notary Public. My Commission Expires March 22, 1982. (Seal). Approved April 11, 1979. DeKALB COUNTYPENALTIES FOR VIOLATING ORDINANCES. No. 162 (House Bill No. 241). AN ACT To amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners for said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an Act approved March 9, 1959 (Ga. Laws 1959, p. 2481), and by an Act approved February 20, 1976 (Ga. Laws 1976, p. 2658), so as to change the provisions relative to penalties that may be prescribed by the Board of Commissioners for the violation of county ordinances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners for said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, particularly by an Act approved March 9, 1959 (Ga. Laws 1959, p. 2481), and by an Act approved February 20, 1976 (Ga. Laws 1976, p. 2658), is hereby amended by striking from Section 12B the following: this Section,

Page 3564

and inserting in lieu thereof the following: Section 12A of this Act, and by striking from said Section the following: two hundred dollars ($200.00), and inserting in lieu thereof the following: five hundred dollars ($500.00), so that when so amended Section 12B shall read as follows: Section 12B. The Board of Commissioners of DeKalb County, Georgia, is hereby authorized and empowered to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by said Board to carry out any of the provisions of Section 12A of this Act or the provisions of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of five hundred dollars ($500.00), imprisonment in the county jail for thirty (30) days, and labor on the works gang for sixty (60) days for any single offense. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and board of commissioners for said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended; and for other purposes. This 21st day of December, 1978. Eleanor L. Richardson Representative, 52nd District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. Richardson who, on oath, deposes and says that she is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: December 21, 28, 1978 and January 4, 1979. /s/ Eleanor L. Richardson Representative, 52nd District Sworn to and subscribed before me, this 8th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980 (Seal). Approved April 11, 1979. DeKALB COUNTYRECORDER'S COURT, FINES AND PUNISHMENT. No. 163 (House Bill No. 242). AN ACT To amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. Laws 1959, p. 3093), as amended, particularly by an Act approved February 20, 1976 (Ga. Laws 1976, p. 2656), so as to change the provisions relating to penalties that may be imposed by said Court for the violation of county ordinances; to change the provisions relating to costs in said Court; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. Laws 1959, p. 3093), as amended, particularly by an Act approved February 20, 1976 (Ga. Laws 1976, p. 2656), is hereby amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows: Section 14. Fines and Punishment. (a) Upon conviction of violation of any of the ordinances, rules or regulations set forth by the governing authority of DeKalb County, the Recorder or Judge of said Court may punish such offender as follows: (1) Except as otherwise provided in subsection (b) of this Section, the Recorder or Judge of said Court may impose a fine not in excess of that prescribed by the ordinance violated and in no event to exceed the sum of $500.00 for any single offense. (2) The Recorder or Judge of said Court may punish such offender by imprisonment in the county jail for a period not in excess of that prescribed by the ordinance violated and in no event to exceed thirty days for any single offense, and, if the ordinance violated so prescribes, by labor on the works gang not exceeding sixty days for any single offense. (b) The Recorder or Judge of said Court shall have the authority to impose any combination of the punishments mentioned in subsection (a) of this Section in the discretion of the Judge of said Recorder's Court, except that in the imposition of a fine for the violation of any ordinance adopted by the governing authority of DeKalb County pursuant to Code Chapter 68A-15 relating to the application and effect of Code Title 68A known as the `Uniform Rules of the Road,' the fine imposed may not exceed the sum of $200.00. (c) The Sheriff of DeKalb County shall receive, confine, feed and care for prisoners sentenced by the Recorder's Court to imprisonment in the county jail in the same manner as persons charged with an indictable offense under general laws of this State and he shall be subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners received under

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sentence from said Recorder's Court may be confined separately and apart from other classes of inmates of said jail as the Sheriff, in his discretion, may provide and as general laws of this State may require. Section 2. Said Act is further amended by striking from Section 21 the word two where the same appears between the word be and the word dollars and inserting in lieu thereof the word five so that when so amended Section 21 shall read as follows: Section 21. Costs. In each case of conviction in said Recorder's Court, the costs assessable shall be five dollars. Costs shall go into the general fund of the county for general county purposes. Defendants unable to pay fines and costs, and compelled in lieu of payment to work on the public works, shall be each required to work two days to cover costs. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. Laws 1959, p. 3093), as amended; and for other purposes. This 21st day of December, 1978. Eleanor Richardson Representative, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. Richardson who, on oath, deposes and says that she is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the

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official organ of DeKalb County, on the following dates: December 21, 28, 1978 and January 4, 1979. /s/ Eleanor L. Richardson Representative, 52nd District Sworn to and subscribed before me, this 8th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980 (Seal). Approved April 11, 1979. CITY OF DUBLINNEW CHARTER. No. 164 (House Bill No. 262). AN ACT To provide a new charter for the City of Dublin, Georgia, in the County of Laurens; to provide for incorporation, powers, and boundaries of said city; to provide for the legislative, executive, and judicial branches of the city government; to provide for administration; to provide for elections, vacancies, and removal; to provide for financial and fiscal matters of the city; to provide for boards, commissions, and a public school system; to provide general provisions; to provide for penalties; to provide for all matters relative to the foregoing; to provide for severability; to provide for specific repeal; 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 Charter of the City of Dublin shall read as follows:

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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 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 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:

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(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. (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,

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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; (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;

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(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; (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;

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(16) Public Peace - to provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation - to regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of 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; (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;

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(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 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

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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 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;

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(38) Emergencies - to establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or 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 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.

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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. Except as otherwise provided herein, the Mayor and 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 under this Charter shall receive as compensation the same amount received by the Mayor and Council on the date immediately preceding the effective date of this Act. All changes in such amount of compensation shall be made by ordinance and pursuant to the Municipal Home Rule Act of 1965, as now or hereafter amended. The Mayor and

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Council shall establish, by ordinance, 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; (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

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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 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.

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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. (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,

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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. (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.

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(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. 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

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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 anc Council after the filing of the veto with the City Clerk. An ordinance adopted after veto, as provided herein, shall become effective upon adoption. 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.

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Section 3.3. Ward Council Members; Designation, Election, Voting. (a) The four word 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. Section 3.4. Time of Elections. (a) The Mayor and the four Council members from wards 1, 2, 3 and 4, which persons are serving on the date immediately preceding the effective date of this Act, shall serve until the first day of January, 1980, and until their successors are elected and qualified. On the first Monday in October, 1979, and on that day every two years thereafter, a general election shall be held for the office of Mayor and the offices of Council members from wards 1, 2, 3 and 4. Those persons elected to such offices shall serve for terms of two years and until their successors are elected and qualified. Their terms shall begin at the time of their taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5. (b) The three Council members at large, serving on the date immediately preceding the effective date of this Act, shall serve until the first day of January, 1981, and until their successors are elected and qualified. On the first Monday in October, 1980, and on that day every two years thereafter, a general election shall be held for the offices of Council members at large. Those persons elected to

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such offices shall serve for terms of two years and until their successors are elected and qualified. Their terms of office shall begin at the time of taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5. 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, all primaries and 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 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

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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. (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

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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. Existing Departments and Agencies Continued. All departments and agencies of the City existing on the date immediately preceding the effective date of this Act are hereby continued in existence until reorganized, combined, consolidated, or discontinued by ordinance. Section 4.4 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 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

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reimbursement for the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (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 by 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.

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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. Section 5.4. Absence or Disability of City Judge; Vacancy in Office. In the event of the absence or disability of the City Judge or a vacancy in the office, the Mayor and Council may appoint an Acting City Judge to 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

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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 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 priority only to liens for County and City property taxes and shall be enforceable as provided in Section 6.9.

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(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 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.

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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 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

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accounting firm, the members of which have no personal interest, direct or indirect, in the fiscal affairs of the City or of any of its departments, offices, boards, commissions or agencies. The designated accountant shall be a certified public accountant, or, if an accounting firm is employed, the members thereof shall be so certified and thoroughly qualified by training and experience in governmental accounting to perform the audit. (b) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than 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.

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(b) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment. (c) Any member of a board or commission may be removed from office for cause by a majority vote of 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. Section 7.3. City of Dublin Public School System. (a) The City of Dublin Public School System existing on the date immediately preceding the effective date of this Act is hereby continued in existence Said system shall continue to be controlled by a board of education whose members are elected by the Mayor and Council. The Mayor and Council shall continue to fix the number of members of said board, prescribe its duties and the terms for which its members shall hold office, and by resolution or ordinance shall provide for the proper management of said school system. Those members of said board serving on the date immediately preceding the effective date of this Act shall continue to hold office until their respective terms of office expire and their successors are elected and qualified. (b) State funds for the City of Dublin Public School System shall be supplemented by an ad valorem school tax. The board of education each year shall make an estimate of the amount necessary to be raised that year for additional support of the school system and shall place the estimate before the Mayor and Council. When making the annual tax levy pursuant to Sections 6.1 and 6.2, the Mayor and Council shall also levy a school tax at a rate necessary to raise the additional support specified in the estimate of the board of education. Such school tax shall be levied upon all taxable property within the corporate limits of the City of Dublin. In the event the City of Dublin Public School System is abolished, the City of Dublin shall not levy a tax for school purposes. Section 7.4. Existing Boards and Commissions. All boards and commissions existing on the date immediately preceding the effective date of this Act are hereby continued in existence until reorganized, combined, consolidated, or discontinued by ordinance.

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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, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof and, for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future.

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Section 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. (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

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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. This Act shall become effective upon the approval of the Governor or upon its becoming law without his approval. Section 3. An Act incorporating the City of Dublin, approved March 13, 1978 (Ga. Laws 1978, p. 3702), is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to provide a new charter for the City of Dublin; to provide for all matters relative thereto; and for other purposes. This 16th day of December, 1978. J. Roy Rowland Representative, 119th District Georgia, Laurens County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths in the county and state above, W. H. Champion, who after being duly sworn makes the following statements: That he is the Publisher of the Dublin, Georgia, Courier-Herald, and That the Courier-Herald is the official legal gazette for the Sheriff of Laurens County, and

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That the attached is a true and accurate copy of a notice of intention for the introduction of local legislation published in the said Dublin, Georgia, Courier-Herald, on December 23, 1978, December 30, 1978, and January 6, 1979. This the 10th day of January, 1979. /s/ W. H. Champion, Publisher Dublin, Georgia, Courier-Herald Sworn to and subscribed before me, this the 10th day of January, 1979. /s/ Debra D. Graham Notary Public, Georgia State at Large. My Commission Expires Oct. 16, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to provide a new charter for the City of Dublin; to provide for all matters relative thereto; and for other purposes. This 16th day of December, 1978. 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: December 20, 1978, December 27, 1978 and January 3, 1979. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

Page 3602

CITY OF ATLANTAMUNICIPAL COURT VACANCIES. No. 165 (House Bill No. 271). 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, so as to clarify the procedure by which judicial vacancies in the municipal court shall be filled; 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 of 1976, 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 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, is hereby amended by striking from the first sentence of subsection (f) of Section 4-104, the phrase for the unexpired term, so that, as amended, the first sentence of said subsection shall read as follows: Judicial vacancies shall be filled by appointment of the mayor from a panel of three (3) members of the Georgia Bar in good standing nominated by a judicial commission. 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 Intention to Introduce Local Legislation. Notice is hereby given that the City of Atlanta, the 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 1979 Session of the General Assembly of Georgia, which convenes on Monday, January 8, 1979 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 22nd day of December, 1978. William M. (Bill) Alexander Legislative Coordinator City of Atlanta 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, Charles L. Carnes 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 27, 1978, January 3 and 10, 1979. /s/ Charles L. Carnes Representative, 43rd District

Page 3604

Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Barbara H. Couch Notary Public, Georgia State at Large. My Commission Expires Mar. 22, 1982. (Seal). Approved April 11, 1979. TERMS OF MEMBERS OF BOARDS OF ELECTIONS IN CERTAIN COUNTIES (170,000-195,000). No. 166 (House Bill No. 293). 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), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 3778), so as to change the time at which the term of each member begins; to specify the term of office of elected members of the board; to provide for appointments to fill vacancies; to provide 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), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 3778), is hereby amended by inserting in the last sentence of subsection (a) of Section 2 thereof, immediately after the words shall become members of said election board, the following:

Page 3605

, to assume office on January 1 immediately following their election,, and by adding a new sentence at the end of subsection (a) to read as follows: The term of office of the elected members of the board shall be four years and until the election and qualification of their successors., so that when so amended subsection (a) of Section 2 shall read as follows: (a) Until the general primary of August, 1974, and until the runoff thereform, unless a candidate receives a majority of the vote as required by Code Section 34-1513 of said Code, the two parties who received the two highest votes for Governor in the 1970 general election, acting by and through their duly chosen county executive committees holding office at the time of the effective date of this Act, shall appoint two members each to serve on said board. The persons so appointed shall serve until their successors are chosen in said primary and/or runoff as above set out. Each of said parties shall conduct an election in said primary for two board of election members whose terms of office shall be four years unless the time of the general primary of 1974 shall be changed, in which case his term shall be shortened or lengthened accordingly. Said candidates shall qualify to run in such primary in accordance with the rules prescribed in the Georgia Election Code for political party candidates. The winners of each of said primaries shall become members of said election board, to assume office on January 1 immediately following their election, upon the certification of said election by the existing election board of said county to the clerk of superior court and the Secretary of State of Georgia and upon his taking an oath of office that is substantially the same as required by the oath of office required by law for registrars. The term of office of the elected members of the board shall be four years and until the election and qualification of their successors. Section 2 . Said Act is further amended by striking in its entirety subsection (e) of Section 2 thereof and substituting in lieu thereof a new subsection (e), to read as follows:

Page 3606

(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 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 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 January 1 immediately following the next general primary at which members of the board are elected. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. TEACHERS' RETIREMENTTRANSFER OF CREDITS TO TEACHERS' RETIREMENT SYSTEM FROM CERTAIN MUNICIPAL SYSTEMS (MORE THAN 300,000). No. 167 (House Bill No. 302). AN ACT To amend an Act approved August 20, 1927 (Ga. Laws 1927, p. 265), 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 future

Page 3607

such 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, particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, p. 4546), so as to provide for the transfer of years of creditable service, employee contributions, employer contributions, and interest earned on such contributions of those eligible employees electing to transfer to the Teachers' Retirement System of Georgia; to provide for the period of time in which such transfers shall occur; to provide for actuarial evaluations after such transfers in order to determine subsequent employer contributions; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act approved August 20, 1927 (Ga. Laws 1927, p. 265), 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 future such 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, particularly as amended by an Act approved April 4, 1978 (Ga. Laws 1978, p. 4546), is hereby amended by adding the following to the end of subsection (L): Notwithstanding the plan, referred to above, those officers and employees receiving compensation from such city or from the Board of Education of such city, who are eligible to become members of the Teachers' Retirement System of Georgia, shall have the right through June 30, 1979, to elect to transfer from membership in the retirement system provided by this Act to membership in the Teachers' Retirement System of Georgia upon the following terms and conditions: (1) As used in this subsection, the following terms shall have the following meanings unless a contrary meaning is clearly indicated by the context: (a) Employer - The City of Atlanta or the Board of Education of the City of Atlanta.

Page 3608

(b) Employee of the City of Atlanta - An officer or employee performing services for the City of Atlanta, as contrasted to the Board of Education of the City of Atlanta, and receiving compensation from the City of Atlanta. (c) Employee of the Board of Education of the City of Atlanta - An officer or employee performing services for the Board of Education, as contrasted to the City of Atlanta. (d) Employer Contributions - Those annual sums, calculated as a percent of payroll or a stated annual amount, required to be paid by the City of Atlanta to the Board of Trustees of the General Employees Pension Fund with respect to those employees rendering or having rendered services to the City of Atlanta and receiving or having received compensation therefrom. Those contributions, calculated as a percent of payroll or a stated annual amount, required to be paid by the Board of Education to the Board of Trustees of the General Employees Pension Fund with respect to those employees rendering or having rendered services to the Board of Education and receiving or having received compensation therefrom. (e) Retirees - Former officers or employees of the City of Atlanta or of the Board of Education of the City of Atlanta, or their respective beneficiaries, who are receiving pension benefits from said General Employees Pension Fund. (f) Interest on Contributions - That amount of money earned on employee and employer contributions from the date of payment into the General Employees Pension Fund of such cities until the date of transfer from the General Employees Pension Fund, at the rate of interest accrued on employee contributions within the Teachers' Retirement System of Georgia for the corresponding period of time. (g) Retirement System - Teachers' Retirement System of Georgia. (2) Upon such employee being admitted into the Retirement System, and upon the secretary of the fund of such cities being notified of such by said Retirement System, said secretary shall certify to the Retirement System the total number of years, including

Page 3609

fractions thereof, of service accrued to the credit of such employee with such City or the Board of Education of such City. The treasurer of the General Employees Pension Fund shall provide to the secretary, which shall accompany such certification, the amount of money to be paid to said Retirement System which shall equal the employee contributions paid to the General Employees Pension Fund by or on behalf of said employee, together with the interest accrued on said employee contributions. In addition, the treasurer shall, upon request by the Board of Education of the City of Atlanta, pay in a lump sum or annual amounts, an amount of money to said Retirement System which shall equal the Employer Contributions paid to the General Employees Pension Fund on behalf of said employee, together with the interest accrued on said Employer Contributions or some fractional portion of said amount, provided, however, that the total amount of money paid to said Retirement System by the treasurer of the General Employees Pension Fund shall not exceed the amount of assets allocable to the Board of Education of the City of Atlanta as provided in (3) below. After such certification and the transfer of said amounts of money, the trustees of the General Employees Pension Fund shall have no further obligation with respect to such employee, except with respect to the payment of additional Employer Contributions as required by the Retirement System under the provisions of the Act establishing the Teachers' Retirement System of Georgia, as amended, in connection with such transfer of certain employees to the Retirement System. (3) If the transfer of certain employees to the Retirement System is authorized and prior to the transfer of any employee as hereinabove provided, the Board of Trustees of the General Employees Pension Fund shall cause by October 1, 1979, an actuarial review of the General Employees Pension Fund to be made and such actuarial review shall for purposes of accounting allocate the assets and liabilities of the General Employees Pension Fund between the City of Atlanta, with respect to its employees and retirees, and the Board of Education of the City of Atlanta, with respect to its employees and retirees. Thereafter, for purposes of actuarial reviews, the assets, liabilities, revenues, and expenses of the General Employees Pension Fund shall be separately allocated between the City of Atlanta and the Board of Education of the City of Atlanta.

Page 3610

(4) Subsequent to the transfer of certain employees to the Retirement System in accordance with the provisions of this subsection, the Board of Trustees of the General Employees Pension Fund shall cause an actuarial review of the General Employees Pension Fund to be made. Such actuarial review shall, for purposes of accounting, allocate the assets and liabilities of the General Employees Pension Fund between the City of Atlanta and the Board of Education of the City of Atlanta, with respect to their respective employees and retirees, and with respect to the amounts of money transferred to said Retirement System, as provided in (2) above. Said actuary shall determine the Employer Contributions to be made by the City of Atlanta, with respect to its employees and retirees, and the Board of Education of the City of Atlanta, with respect to its employees and retirees, which will be sufficient to amortize the unfunded accrued liability of the General Employees Pension Fund within thirty-nine years, commencing January 1, 1980. For the purpose of paying the required Employer Contributions to the General Employees Pension Fund and the additional Employer Contributions as required by the Retirement System under the provisions of the Act establishing the Teachers' Retirement System of Georgia, as amended, in connection with such transfer of certain employees to the Retirement System, the Board of Education of the City of Atlanta shall certify to the City of Atlanta the amount of millage required for the payment of such contributions, and the City of Atlanta shall levy ad valorem taxes in the amount certified by the Board of Education or upon the failure of the Board of Education to make such certification with respect to the additional Employer Contributions to be paid to the Retirement System, under the provisions of the Act establishing the Teachers' Retirement System of Georgia, as amended, the City, on behalf of the Board of Education, shall levy the millage required for the payment of such contributions and shall also levy ad valorem taxes in an amount necessary to make the required contributions to the General Employees Pension Fund of the City of Atlanta with respect to its employees. Such Employer Contributions to the General Employees Pension Fund shall be made for those officers and employees of the City of Atlanta and of the Board of Education of the City of Atlanta who remain in the membership of the General Employees Pension Fund, as well as for those retirees under the provisions of law governing the General Employees Pension Fund.

Page 3611

Upon the determination of such required Employer Contributions to the General Employees Pension Fund, the same shall be made in accordance with the first three paragraphs of subsection (L), with each employer being responsible for the Employer Contributions to the General Employee Pension Fund with respect to its employees and retirees. Section 2 . In no event shall the provisions of Section 1 above require any increase in the Employer Contributions to the General Employees Pension Fund required to be paid by the City of Atlanta on behalf of employees of the City of Atlanta as of the effective date of this Act. Section 3 . In the event of any conflict between the provisions of this Act and the provisions of the Act establishing the Teachers' Retirement System of Georgia, as amended, the provisions of the Act establishing the Teachers' Retirement System of Georgia, as amended, particularly by House Bill 303 of the 1979 General Assembly Session, shall prevail. 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, except any conflicting provisions of the Act establishing the Teachers' Retirement System of Georgia, as amended. Approved April 11, 1979. STATE COURT OF EARLY COUNTYJUDGE'S SALARY. No. 168 (House Bill No. 304). AN ACT To amend an Act creating the State Court of Early County, approved August 21, 1906 (Ga. Laws 1906, p. 161), as amended, particularly by an Act approved March 4, 1953 (Ga. Laws 1953,

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Jan.-Feb., p. 3067), and an Act approved February 27, 1975 (Ga. Laws 1975, p. 2530), so as to authorize the county governing authority to change the compensation of the judge; to provide limitations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Early County, approved August 21, 1906 (Ga. Laws 1906, p. 161), as amended, particularly by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb., p. 3067), and an Act approved February 27, 1975 (Ga. Laws 1975, p. 2530), is hereby amended by striking in its entirety Section 3A thereof and substituting in lieu thereof a new Section 3A to read as follows: Section 3A. The Judge of the State Court of Early County shall receive an annual salary of not less than $3,600 nor more than $7,200, determined within the discretion of the county governing authority. The judge's salary may not be reduced during his term of office and is payable in equal monthly installments from the funds of Early 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 1979 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Early County, approved August 21, 1906 (Ga. Laws 1906, p. 161), as amended, particularly by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb., p. 3067), and an Act approved February 27, 1975 (Ga. Laws 1975, p. 2530); and for other purposes. This 18th of December, 1979. /s/ Ralph J. Balkcom Representative, 140th District /s/ Jimmy Hodge Timmons Senator, 11th District

Page 3613

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom who, on oath, deposes and says that he/she is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 16th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. PENSION SYSTEM FOR OFFICERS AND EMPLOYEES OF CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 169 (House Bill No. 328). 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

Page 3614

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: particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.); so as to provide for a change in the method by which the normal monthly pension benefit shall be computed; 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: Section 1 . Section 1(B) of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), is hereby amended by striking the words and figures ... highest thirty-six (36) months... as they appear in the third sentence of same and by substituting in lieu thereof the words and figure ... highest three (3) consecutive years'..., so that when amended said Section 1(B) shall provide as follows: (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,

Page 3615

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 year's, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest three (3) consecutive years' 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. Section 2 . Section 1(F) of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), is hereby amended by striking the words and figures ... highest thirty-six (36) months'... wherever they appear in the last paragraph of said subsection, and by substituting in lieu thereof the words and figure ... highest three (3) consecutive years'..., so that when amended said last paragraph of said Section 1(F) shall provide as follows: 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 three (3) consecutive years' 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 three (3) consecutive years' salary or earnings during the term of employment. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979.

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ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 170 (House Bill 329). 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: particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.); so as to provide for a change in the method by which the normal monthly pension benefit shall be computed; 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: Section 1. Section 1(B) of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et. seq.), is hereby amended by striking the words and figures ...highest thirty-six (36) months... as they appear in the third sentence of same and by substituting in lieu thereof the words and figure ... highest three (3)

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consecutive years'..., so that when amended said Section 1(B) shall provide as follows: (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 year's, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest three (3) consecutive years' 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. Section 2. Section 1(F) of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978 pp. 4527, et seq.), is hereby amended by striking the words and figures ...highest thirty-six (36) months'... wherever they appear in the last paragraph of said subsection, and by substituting in lieu thereof the words and figure ...highest three (3) consecutive years'..., so that when amended said last paragraph of said Section 1(F) shall provide as follows: 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 three (3) consecutive years' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the

Page 3618

lowest rate of regular salary or earnings during such highest three (3) consecutive years' salary or earnings during the term of employment. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. ACT PROVIDING PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 171 (House Bill No. 330). 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 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 several acts amendatory thereof: Particularly as amended by acts approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.); so as to provide for a change in the method by which the normal monthly pension benefit shall be computed; to repeal conflicting laws; and for other purposes.

Page 3619

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. Section 1(B) of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), is hereby amended by striking the words and figures ... highest thirty-six (36) months... as they appear in the third sentence of same and by substituting in lieu thereof the words and figure ...highest three (3) consecutive years'..., so that when amended said Section 1 (B) shall provide as follows: (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 year's, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest three (3) consecutive years' 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. Section 2. Section 1(F) of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), is hereby amended by striking the words and figures ...highest thirty-six (36) months'

Page 3620

... wherever they appear in the last paragraph of said subsection, and by substituting in lieu thereof the words and figure ... highest three (3) consecutive years'..., so that when amended said last paragraph of said Section 1(F) shall provide as follows: 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 three (3) consecutive years' 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 three (3) consecutive years' salary or earnings during the term of employment. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. ACT PROVIDING PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 172 (House Bill No. 331). 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

Page 3621

disclosed by the United States Census of 1920, or any subsequent 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 specific cases, and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof: Particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.); to provide for credit, contributions, and payment for prior city service; 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 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, as amended, be and the same is hereby further amended, as follows: Section 1. Section 1 of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), is hereby amended by creating a new subsection thereunder which shall be designated as (J)(1) and which shall provide as follows: (J)(1) Credit for prior city service, contributions, payment. Any officer or employee claiming prior service credit for prior employment as a regular, temporary, or part-time employee of the City may be eligible for prior service credit immediately upon filing application for same, and upon payment of the contribution at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). The total amount of such required contribution shall be decreased by the amount previously paid into the pension fund by a regular officer or employee and not withdrawn upon termination of employment, and by the contributions previously paid into such fund by the city for the benefit of such regular officer or employee. The total amount of

Page 3622

such required contributions shall be increased by a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment multiplied by an interest factor of seven percent (7%) per annum compounded from the date of withdrawal to the date of filing of the application. As to credit for part-time or temporary service with the city, such prior service credit shall be on the basis of one day for each day worked by such person as a temporary employee or on a part-time basis, except that the required contribution shall be based upon the gross salary of such person at the time of filing of the application for prior service credit. The payment of the contributions of prior service credit for prior employment as a regular, temporary, or part-time employee of the city may be paid upon the filing of the application for such credit or such officer or employee shall have a period of sixty (60) months from the date of filing the application in which to pay such contributions, provided, however, the total amount of such contributions shall bear interest at seven percent (7%) per annum on the unpaid balance. 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 amount sufficient to cover the outstanding obligation. 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 April 11, 1979.

Page 3623

ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 173 (House Bill No. 332). 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: particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.); to provide for credit contributions, and payment for prior city service; 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, by and the same is hereby further amended, as follows: Section 1. Section 1 of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.), is hereby amended by creating a new subsection thereunder which shall be designated as (J)(1) and which shall provide as follows: (J)(1) Credit for prior city service, contributions, payment. Any officer or employee claiming prior service credit for prior employment as a regular, temporary, or part-time employee of the

Page 3624

City may be eligible for prior service credit immediately upon filing application for same, and upon payment of the contribution at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). The total amount of such required contribution shall be decreased by the amount previously paid into the pension fund by a regular officer or employee and not withdrawn upon termination of employment, and by the contributions previously paid into such fund by the city for the benefit of such regular officer or employee. The total amount of such required contributions shall be increased by a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment multiplied by an interest factor of seven percent (7%) per annum compounded from the date of withdrawal to the date of filing of the application. As to credit for part-time or temporary service with the city, such prior service credit shall be on the basis of one day for each day worked by such person as a temporary employee or on a part-time basis, except that the required contribuition shall be based upon the gross salary of such person at the time of filing of the application for prior service credit. The payment of the contributions of prior service credit for prior employment as a regular, temporary, or part-time employee of the city may be paid upon the filing of the application for such credit or such officer or employee shall have a period of sixty (60) months from the date of filing the application in which to pay such contributions, provided, however, the total amount of such contributions shall bear interest at seven percent (7%) per annum on the unpaid balance. 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. 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 April 11, 1979.

Page 3625

PENSION SYSTEM FOR OFFICERS AND EMPLOYEES OF CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 174 (House Bill No. 333). 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: Particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.); to provide for credit, contributions and payment for prior city service; 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: Section 1. Section 1 of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), is hereby amended by creating a new subsection thereunder which shall be designated as (J)(1) and which shall provide as follows:

Page 3626

(J)(1) Credit for prior city service, contributions, payment. Any officer or employee claiming prior service credit for prior employment as a regular, temporary, or part-time employee of the City may be eligible for prior service credit immediately upon filing application for same, and upon payment of the contribution at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). The total amount of such required contribution shall be decreased by the amount previously paid into the pension fund by a regular officer or employee and not withdrawn upon termination of employment, and by the contributions previously paid into such fund by the city or the Board of Education for the benefit of such regular officer or employee. The total amount of such required contributions shall be increased by a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment multiplied by an interest factor of seven percent (7%) per annum compounded from the date of withdrawal to the date of filing of the application. As to credit for part-time or temporary service with the city, such prior service credit shall be on the basis of one day for each day worked by such person as a temporary employee or on a part-time basis, except that the required contribution shall be based upon the gross salary of such person at the time of filing of the application for prior service credit. The payment of the contributions of prior service credit for prior employment as a regular, temporary, or part-time employee of the city may be paid upon the filing of the application for such credit or such officer or employee shall have a period of sixty (60) months from the date of filing the application in which to pay such contributions, provided, however, the total amount of such contribution shall bear interest at seven percent (7%) per annum on the unpaid balance. 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.

Page 3627

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 April 11, 1979. PENSION SYSTEM FOR OFFICERS AND EMPLOYEES OF CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 175 (House Bill 334). 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 delete the requirement that actuarial investigations and reports be performed on an annual basis and to substitute in lieu thereof that actuarial investigations and reports be performed every three years or more often as the Board of Trustees may in its discretion deem proper; to repeal conflicting laws; and for other purposes. 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 deleting in its entirety, the first full sentence of Section 2A, and substituting in lieu thereof, the following: The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation every three (3) years or more often as the board, in its discretion may deem proper.

Page 3628

So that when amended, said Section 2A shall provide as follows: Section 2A. The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation every three (3) years or more often as the board, in its discretion may deem proper. 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 investigations 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. 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 April 11, 1979.

Page 3629

ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 176 (House Bill No. 335). AN ACT To amend an Act providing that certain cities shall furnish retirement benefits to members of police departments of such cities, approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, so as to delete the requirement that actuarial investigations and reports be performed on an annual basis and to substitute in lieu thereof that actuarial investigations and reports be performed every three years or more often as the board of trustees may in its discretion deem proper; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that certain cities shall furnish retirement benefits to members of police departments of such cities, approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), is hereby amended by deleting in its entirety, the first full sentence of Section 2A, and substituting in lieu thereof, the following: The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation every three (3) years or more often as the board, in its discretion may deem proper. So that when amended, said Section 2A shall provide as follows: Section 2A. The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation every three (3) years or more often as the board, in its discretion may deem proper. 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

Page 3630

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. 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 April 11, 1979. ACT PROVIDING PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 177 (House Bill No. 336). AN ACT To amend an Act providing that certain cities shall furnish retirement benefits to members of paid fire department of such cities, approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, so as to delete the requirement that actuarial investigations and reports be performed on an annual basis and to substitute in lieu thereof that actuarial investigations and reports be performed every three years or more often as the board of trustees may

Page 3631

in its discretion deem proper; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that certain cities shall furnish retirement benefits to members of paid fire departments of such cities, approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, is hereby amended by deleting in its entirety, the first full sentence of Section 2A, and substituting in lieu thereof, the following: The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation every three (3) years or more often as the board, in its discretion may deem proper. So that when amended, said Section 2A shall provide as follows: Section 2A. The board of trustees of this retirement system shall have the system's actuary make an acturial investigation every three (3) years or more often as the board, in its discretion may deem proper. 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 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.

Page 3632

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 April 11, 1979. PENSION SYSTEM FOR OFFICERS AND EMPLOYEES OF CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 178 (House Bill No. 337). 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: Particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.); to provide that the City Attorney shall render legal services to the general employees' pension fund; 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

Page 3633

employees of such cities, and for other purposes, as amended, be and the same is hereby further amended as follows: Section 1. Section 1 (R) of the amendment to said Act, approved April 4, 1978 (Ga. L. 1978, pp. 4546, et seq.), is hereby amended by redesignating said subsection (R) as subsection (S) and by creating a new subsection (R) which shall provide as follows: The city attorney shall, without extra compensation, render such legal service as the board of trustees created by this Act shall require. 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 April 11, 1979. ACT PROVIDING PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENT IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 179 (House Bill No. 338). AN ACT To amend an Act entitled 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 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

Page 3634

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., approved April 4, 1978 (Ga. Laws 1978, p. 4508), so as to strike certain provisions relating to exemption of funds and benefits from State, County and municipal taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend the Act approved August 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 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., approved April 4, 1978 (Ga. Laws 1978, p. 4508), is hereby amended by striking in its entirety subsection (Q) of Section 1 thereof, which reads as follows: (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

Page 3635

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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 180 (House Bill No. 339). AN ACT To amend an Act entitled 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

Page 3636

other purposes., approved April 4, 1978 (Ga. Laws 1978, p. 4527), so as to strike certain provisions relating to exemption of funds and benefits from State, County and municipal taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend 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., approved April 4, 1978 (Ga. Laws 1978, p. 4527), is hereby amended by striking in its entirety subsection (Q) of Section 1 thereof, which reads as follows: (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. 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 April 11, 1979.

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PENSION SYSTEM FOR OFFICERS AND EMPLOYEES OF CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 181 (House Bill No. 340). AN ACT To amend an Act entitled 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., approved April 4, 1978 (Ga. Laws 1978, p. 4546), so as to strike certain provisions relating to exemption of funds and benefits from State, County and municipal taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend the Act approved August 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,

Page 3638

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., approved April 4, 1978 (Ga. Laws 1978, p. 4546), is hereby amended by striking in its entirety subsection (R) of Section 1 thereof, which reads as follows: (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 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979.

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ALBANY-DOUGHERTY COUNTY PAYROLL DEVELOPMENT AUTHORITY ACT AMENDEDPROJECT DEFINED. No. 182 (House Bill No. 357). AN ACT To amend an Act to create the Albany-Dougherty County Payroll Development Authority, approved March 21, 1958 (Ga. Laws 1958, p. 2870), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3172), so as to authorize the Authority to undertake certain projects relating to new and existing industrial facilities; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to create the Albany-Dougherty County Payroll Development Authority, approved March 21, 1958 (Ga. Laws 1958, p. 2870), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3172), is hereby amended by adding a new paragraph at the end of subsection (b) of Section 2, to read as follows: The word `Project' shall also include the acquisition, construction, leasing, and equipping of new industrial facilities, and the improvement, modification, acquisition, expansion, modernization, leasing, equipping, and remodeling of existing industrial facilities located or to be located within the area of operation of the 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 regualr 1979 Session of the General Assembly of Georgia a bill to amend an Act to create the Albany-Dougherty County Payroll Development Authority approved March 21, 1958 (Ga. Laws 1958, p. 2870; as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p.

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3172), so as to authorize the Authority to undertake certain projects and for other purposes. This 14 day of December, 1978. 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/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 20, 1978, December 27, 1978 and January 3, 1979. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 17th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. STATE COURT OF JEFFERSON COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 183 (House Bill No. 359). AN ACT To amend an Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville), approved August 19, 1911 (Ga. Laws 1911, p. 277), as amended, particularly by an

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Act approved March 16, 1973 (Ga. Laws 1973, p. 2292), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville), approved August 19, 1911 (Ga. Laws 1911, p. 277), as amended, particularly by an Act approved March 16, 1973 (Ga. Laws 1973, p. 2292), is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A, to read as follows: Section 2A. The judge of said court shall be compensated in an amount not less than $5,000 nor more than $8,000 per annum to be paid in equal monthly installments, and the solicitor of said court shall be compensated in an amount not less than $4,000 nor more than $7,000 per annum to be paid in equal monthly installments. Said salaries shall be fixed by the governing authority of Jefferson County within the limitations provided above. Section 2 . This Act shall become effective July 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 1979 session of the Georgia Assembly of Georgia a bill to amend an Act creating the State Court of Jefferson County approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, to revise the compensation of the Judge and Solicitor of that Court, and for other purposes. This 28th day of December, 1978. E. E. Bargeron Representative, 83rd District

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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/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 17th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. JEFFERSON COUNTYSHERIFF'S COMPENSATION. No. 184 (House Bill No. 360). AN ACT To amend an Act placing the Sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. Laws 1965, p. 2226), as amended, particularly by an Act approved March 16, 1973 (Ga. Laws 1973, p. 2298), so as to change the compensation of

Page 3643

the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. Laws 1965, p. 2226), as amended, particularly by an Act approved March 16, 1973 (Ga. Laws 1973, p. 2298), is hereby amended by striking from Section 2 thereof the following: $10,000 and $14,000, and substituting in lieu thereof, respectively, the following: $16,000 and $21,000, so that when so amended Section 2 shall read as follows: Section 2. The Sheriff of Jefferson County shall be compensated in an amount of not less than $16,000 nor more than $21,000 per annum, to be fixed by the governing authority of Jefferson County. The compensation so fixed shall be paid in equal monthly installments from the funds of Jefferson County. In addition thereto, the sheriff shall receive an additional salary equal to the amount which the sheriff would, but for this Act, be entitled to receive as turnkey fees allowed sheriffs for receiving and discharging prisoners from jail. Said additional amount herein authorized shall be paid monthly. All of the sums herein authorized are hereby determined as salary for said sheriff and said salary shall be paid from the funds of Jefferson County. The Sheriff of Jefferson County is hereby authorized to receive rewards which he may be entitled to receive notwithstanding the capacity in which such sheriff was acting at the time of becoming entitled to such rewards and such rewards are hereby determined to be a part of the salary of such sheriff notwithstanding any other salary to which such sheriff is hereby authorized to receive. Section 2 . This Act shall become effective July 1, 1979. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3644

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the Georgia General Assembly of Georgia a bill to amend the Act approved March 10, 1965 (Ga. L. 1965, p. 2226), as amended, to revise the compensation of the Sheriff of Jefferson County, and for other purposes. This 28th day of December, 1978. E. E. Bargeron Representative, 83rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 17th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF REYNOLDSMUNICIPAL COURT. No. 185 (House Bill No. 399). AN ACT To amend an Act creating a new charter for the City of Reynolds, approved August 16, 1915 (Ga. Laws 1915, p. 786), as amended, so as to change the provisions relating to the eligibility to reelection to the office of mayor and alderman of said city; to change the provisions relating to the police court of said city by changing the name to municipal court, providing for a judge and other matters relating to jurisdiction and responsibilities; 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 Reynolds, approved August 16, 1915 (Ga. Laws 1915, p. 786), as amended, is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11, to read as follows: Section 11. Beginning with the year 1980, neither the mayor nor any member of the board of aldermen shall be eligible for reelection to the same office after the expiration of a second term until after a period of one year shall have lapsed. Section 2. Said Act is further amended by striking Section 41 in its entirety and inserting in lieu thereof a new Section 41, to read as follows: Section 41. (a) Creation. There is hereby established a court to be known as the Municipal Court of the City of Reynolds 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

Page 3646

constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and the judge pro tem become disqualified, then any member of the council may be designated to preside with the same powers and duties as the judge when so acting. (b) Judge. No person shall be qualified or eligible to serve as judge unless he shall have attained the age of twenty-one years and shall be a member of the State Bar of Georgia. The judge shall be appointed by the mayor and council and shall serve at the discretion of the mayor and council. Compensation of the judge shall be fixed by the mayor and council. (c) Judge Pro Tem. The judge pro tem shall serve in the absence of the judge and shall have the same qualifications as the judge, shall be appointed by the mayor and council, and shall take the same oath as the judge. Compensation of the judge pro tem shall be fixed by the mayor and council. (d) Oath. 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. (e) 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. (f) Jurisdiction; Powers. The municipal court shall try and punish for crimes against the City of Reynolds 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 $50.00 or ten days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $250.00 or imprisonment for sixty days or both and, as an

Page 3647

alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding ninety days. (g) Court Costs. 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. (h) Bail. The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Reynolds, 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. (i) State Offenses. 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. (j) Administering of Oaths. 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. (k) Subpoenas. The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by State law.

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(l) Jurisdictional Limitations. The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Reynolds granted by State laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances. (m) Appeals. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Taylor 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. (n) Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least forty-eight hours prior to said proceedings. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend the Act creating a new Charter for the City of Reynolds, approved August 16, 1915 (Ga. L. 1915, p. 786), as amended. This 14th day of December, 1978. Ward Edwards Representative in the General Assembly for the 110th House District of Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards who, on oath, deposes and says that he/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: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CLAYTON COUNTYCOMPENSATION OF PROBATE COURT JUDGE. No. 186 (House Bill No. 401). 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

Page 3650

approved March 3, 1978 (Ga. Laws 1978, p. 3589), 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 3, 1978 (Ga. Laws 1978, p. 3589), is hereby amended by striking from Section 1 the following: $22,050.00, and inserting in lieu thereof the following: $23,375.00, 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 $23,375.00 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 July 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 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Clayton County on an

Page 3651

annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended; and for other purposes. This 19 day of December, 1978. Rudolph Johnson Representative, 72nd District State of Georgia County of Clayton 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: December 19, 26, 1978 and January 2, 1979. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 16th day of January 1979. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved April 11, 1979. CLAYTON COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 187 (House Bill No. 402). 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 23, 1977 (Ga. Laws 1977, p. 4028), and by an Act approved March 13, 1978 (Ga.

Page 3652

Laws 1978, p. 3584), so as to change the provisions relative to the compensation of the tax commissioner and the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of 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 23, 1977 (Ga. Laws 1977, p. 4028), and by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3584), is hereby amended by striking Section 7 and Section 7A in their entirety and substituting in lieu thereof a new Section 7 and Section 7A to read as follows: Section 7. (a) The Tax Commissioner of Clayton County shall be compensated by an annual salary as specified in subsection (b) of this Section. Said salary 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), as amended. All funds collected from any source under color of said office, except the salary provided by subsection (b) hereof, 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.

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(b) The Tax Commissioner of Clayton County shall receive an annual salary of $23,375.00 which shall be paid in equal monthly installments from the funds of Clayton County. Section 7A. (a) There is hereby created an office in Clayton County to be known as deputy tax commissioner, and the Tax Commissioner of Clayton County is hereby authorized to appoint the deputy tax commissioner. The deputy tax commissioner shall serve at the pleasure of the tax commissioner, and he may be removed from office by the tax commissioner. The deputy tax commissioner shall have the same authority granted to tax receivers and tax collectors by the laws of this State when acting on behalf and at the direction of the Tax Commissioner of Clayton County. The qualifications of the deputy tax commissioner shall be the same as those prescribed for the tax commissioner, and he shall be required to take the same oath of office as the tax commissioner after appointment and before assuming the duties of his office. The deputy tax commissioner shall not be subject to the provisions of the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. Laws 1963, p. 2747), as now or hereafter amended. (b) The deputy tax commissioner shall receive as compensation for his services a salary to be fixed in the discretion of the tax commissioner in an amount not to exceed $17,500.00 per annum, payable in equal monthly installments from the funds of Clayton County. Section 2. This Act shall become effective on July 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 1979 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, approved

Page 3654

August 18, 1925 (Ga. Laws 1925, p. 600), as amended; and for other purposes. This 19 day of December, 1978. Rudolph Johnson Representative, 72nd District State of Georgia County of Clayton 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: December 19, 26, 1978 and January 2, 1979. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 16th day of January 1979. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved April 11, 1979. CLAYTON COUNTYCOMPENSATION OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 188 (House Bill No. 403). 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 13, 1978 (Ga. Laws 1978, p. 3586), so as to change the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff 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 13, 1978 (Ga. Laws 1978, 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. 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 $23,375.00 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 herein, which is collected under the color of their offices shall be construed as county funds and shall be accounted for as such. Section 2. This Act shall become effective on July 1, 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 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended; and for other purposes. This 19 day of December, 1978. Rudolph Johnson Representative, 72nd District

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State of Georgia County of Clayton 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: December 19, 26, 1978 and January 2, 1979. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 16th day of January 1979. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved April 11, 1979. DeKALB COUNTY AIRPORT AUTHORITY AMENDED, MEMBERS, ETC. No. 189 (House Bill No. 408). AN ACT To amend an Act creating the DeKalb County Airport Authority, approved March 16, 1976 (Ga. Laws 1976, p. 2926), so as to change the provisions relative to the appointment of members of the Authority; to provide for the construction of this Act and for the effectiveness of this Act in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the DeKalb County Airport Authority, approved March 16, 1976 (Ga. Laws 1976, p. 2926), is hereby amended by striking Sections 5 and 6 in their entirety and substituting in lieu thereof new Sections 5 and 6 to read as follows:

Page 3657

Section 5. Membership of the Authority. The Authority shall be composed of seven members, all of whom shall be appointed by the Board of Commissioners of DeKalb County in the manner and for terms of office as provided in Section 6 of this Act. Section 6. Nomination and appointment; terms of office. (a) For the purpose of appointing members of the Authority, there shall be seven posts for such membership. The Board of Commissioners of DeKalb County shall appoint members from nominees selected as follows: Post 1. The member of the Board of Commissioners from Commissioner District 1 shall make the nomination. Post 2. The member of the Board of Commissioners from Commissioner District 2 shall make the nomination. Post 3. The member of the Board of Commissioners from Commissioner District 3 shall make the nomination. Post 4. The member of the Board of Commissioners from Commissioner District 4 shall make the nomination. Post 5. One of the at-large members of the Board of Commissioners shall make the nomination. Post 6. The other at-large member of the Board of Commissioners shall make the nomination. Post 7. The Chairman of the Board of Commissioners shall make the nomination. (b) Each member of the Authority shall serve for a term of office concurrent with the term of office of the member of the Board of Commissioners, or the Chairman, who nominated him, except any such member shall hold over until his successor is nominated and appointed as hereinafter provided. Successor members of the Authority shall be nominated and appointed as provided by subsection (c) of this Section. (c) The Chairman and each member of the Board of Commissioners shall select his respective nominee for membership on the

Page 3658

Authority within fifteen days after he takes the oath of office for a full term of office as Chairman or a member of said Board of Commissioners, and the Board of Commissioners shall act on such nomination within seven days after receiving the nomination. In the event the Chairman or a member of the Board of Commissioners fails to make his respective nomination within the foregoing time limitation, then the Chairman or any member of the Board of Commissioners may make such nomination, and the member finally appointed shall serve for a term of office concurrent with the term of office of the Chairman or member of the Board of Commissioners who had the right to make the nomination but who failed to do so. (d) In the event the Board of Commissioners rejects a nominee, then the Chairman or member of the Board of Commissioners who made the nomination, within three days after the date the nominee was rejected by the Board of Commissioners, shall submit the name of a new nominee to the Board of Commissioners, and said Board shall act on such new nominee within seven days after receiving the nomination. This same procedure shall apply until a nominee is appointed as a member of the Authority and the member finally appointed shall serve for a term of office concurrent with the term of office of the Chairman or member of the Board of Commissioners who nominated him. Section 2. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. Vacancies. Should a vacancy occur in the membership of the Authority either by resignation, death, change of residence, removal as provided by Section 10, or for any other reason, the Chairman or member of the Board of Commissioners of DeKalb County entitled to make the original nomination shall, within not more than thirty days after the date of the vacancy, nominate a person for appointment by the Board of Commissioners to serve as a member of the Authority for the unexpired term of office of the member whose Post is vacant. Until a vacancy is filled as herein provided, the total number of members of the Authority, for the purposes of determining a quorum, shall not include the vacant Post.

Page 3659

Section 3. (a) This Act shall not be construed to change the term of office of any member of the DeKalb County Airport Authority holding office on the date this Act is approved by the Governor or on the date this Act otherwise becomes law, and the members of said Authority shall be entitled to serve for the respective terms of office for which they were appointed. For such purposes, this Act shall become effective as necessary to provide for the nomination and appointment of successor members of the Authority in conformity with the provisions of quoted Sections 5 and 6 of Section 1 of this Act. For the purpose of the appointment of such successors: (1) The incumbent member of the Authority who was appointed by the members of the Authority shall be deemed to be the member from Post 7 as provided by subsection (a) of quoted Section 6 of Section 1 of this Act; and (2) The Board of Commissioners of DeKalb County shall designate the respective Post, as provided by subsection (a) of quoted Section 6 of Section 1 of this Act, of each of the remaining six incumbent members of the Authority so that, to the extent practicable, the expiration of the respective terms of office of said incumbent members shall coincide with the expiration of the respective terms of office of the members of the Board of Commissioners authorized to make nominations as provided by said subsection (a) of said quoted Section 6 of Section 1 of this Act. (b) To the extent that the expiration of the terms of office of incumbent members of the Authority do not coincide with the expiration of terms of office of the Chairman and members of the Board of Commissioners, then the term of office of each member originally appointed to the Authority under quoted Section 6 of Section 1 of this Act shall be adjusted as necessary by the Board of Commissioners of DeKalb County as if such appointment were to fill a vacancy as provided by quoted Section 9 of Section 2 of this Act so that the initial terms of office of such original appointees shall coincide with the remaining unexpired term of office of the Chairman or member of the Board of Commissioners making the respective nomination for appointment to the Authority. (c) In the event the office of an incumbent member of the Authority becomes vacant for any reason prior to the expiration of

Page 3660

the term to which he was appointed, such vacancy shall be filled in the manner provided by quoted Section 9 of 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 there will be introduced at the 1979 regular session of the General Assembly a bill to amend an Act creating and establishing the DeKalb County Airport Authority, approved March 16, 1976 (Ga. L. 1976 p. 2926), so as to change certain provisions relating to the appointment of the members of the Authority, and for purposes. This 21st day of December, 1978. Cas Robinson Representative, 58th District 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: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ Cas Robinson Representative, 58th District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3661

LEE COUNTYCOMPENSATION OF SHERIFF, ETC. No. 190 (House Bill No. 421). 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) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3512), so as to change certain provisions relating to the compensation of the sheriff and the employment of his deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2219), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2839) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3512), is hereby amended by striking from Section 2 thereof the following: $14,000.00, and substituting in lieu thereof the following: $16,500.00, so that when so amended Section 2 shall read as follows: Section 2. The sheriff shall receive a minimum salary of $8,500.00 per annum and a maximum salary of $16,500.00 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 from Section 5 thereof the word,

Page 3662

four, and substituting in lieu thereof the word, six, so that when so amended Section 5 shall read as follows: Section 5. The Sheriff of Lee County shall be authorized to appoint a minimum of two and not more than six 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 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 1979 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, 1975, and 1978 to change the maximum amount of salary that the Sheriff may be entitled to receive and to amend the number of Deputy Sheriffs authorized for said office. This 15th day of December, 1978. 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/she is Representative from the 133rd

Page 3663

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 22, 1978, December 29, 1978 and January 5, 1979. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. LEE COUNTYCLERICAL ASSISTANTS FOR PROBATE COURT. No. 191 (House Bill No. 422). AN ACT To amend an Act placing the Judge of the Probate Court of Lee County on a salary, approved March 25, 1965 (Ga. Laws 1965, p. 2401), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2819), so as to change certain provisions relating to the personnel 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 Lee County on a salary, approved March 25, 1965 (Ga. Laws 1965, p. 2401), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2819), is hereby amended by striking Section 7A thereof in

Page 3664

its entirety and substituting in lieu thereof a new Section 7A, to read as follows: Section 7A. The judge of the probate court shall have the authority to appoint a clerk of the probate court, subject to the Board of Commissioner's approval, and the clerk shall receive a salary as established and designated by the Board of County Commissioners. Upon the approval of the Board of County Commissioners, the judge of the probate court shall be authorized additional clerical assistants to be employed from time to time as deemed necessary to carry out the duties of his office. The compensation of such clerical assistants shall be fixed by the governing authority of Lee County. Section 2. This Act shall become effective on the first 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 1979 Session of the General Assembly of Georgia, a bill to amend an Act placing the Judge Probate of Lee County on salary basis, and for other purposes, approved Mar. 22, 1965, (Ga. Laws 1965, pg. 2401) as amended April 1973 to delete the minimum and maximum amount of annual salary that the appointed Clerk of the Judge Probate may be entitled to receive, to provide that the amount of salary paid to the Clerk shall be established and designated by the Board of County Commissioners, and for all other purposes. This 15th day of December, 1978. T. P. Tharp, Clerk Lee County, Ga.

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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 Albany Herald which is the official organ of Dougherty County, on the following dates: December 22, 1978, December 29, 1978 and January 5, 1979. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. LEE COUNTYPERSONNEL IN TAX COMMISSIONER'S OFFICE. No. 192 (House Bill No. 423). AN ACT To amend an Act creating the office of Tax Commissioner of Lee County, approved April 14, 1975 (Ga. Laws 1975, p. 2842), so as to change certain provisions relating to employment and compensation of personnel of the tax commissioner's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Lee County, approved April 14, 1975 (Ga. Laws 1975, p. 2842), is hereby amended by striking from subsection (a) of Section 5 thereof the following:

Page 3666

designate the compensation for said full-time employees of not less than $4,000.00 nor more than $7,000.00 per annum payable in equal monthly installments from the funds of Lee County, and shall designate the salary for the part-time employees, but the tax commissioner shall have the sole right to select the individuals so employed., and substituting in lieu thereof the following: establish and designate the compensation for the full-time and part-time employees. The tax commissioner shall have the authority to appoint the individuals so employed upon the approval of the governing authority., so that when so amended subsection (a) of Section 5 shall read as follows: (a) The governing authority of Lee County shall have the authority to fix the number of full-time deputy employees, not less than one nor more than three, and shall have the authority to fix the number of part-time employees, not less than one nor more than three, as the governing authority of Lee County deems necessary to assist the tax commissioner in discharging the official duties, and the governing authority of Lee County shall establish and designate the compensation for the full-time and part-time employees. The tax commissioner shall have the authority to appoint the individuals so employed upon the approval of the governing authority. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to amend an Act establishing the office of Tax Commissioner, effective date, salary of said officer, deputies or other personnel and for other purposes

Page 3667

approved April 14, 1975 (Ga. Laws 1975, Act No. 144. H.B. No. 448) to delete the minimum and maximum amount of annual salary that a full-time deputy employee may be entitled to receive, to provide that the amount of salary shall be established and designated by the Board of County Commissioners for all deputy employees, and for other purposes. This 15th day of December, 1978. 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/she is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: December 22, 1978, December 29, 1978 and January 5, 1979. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3668

CLAYTON COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 193 (House Bill No. 436). 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 March 13, 1978 (Ga. Laws 1978, p. 3672), 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 March 13, 1978 (Ga. Laws 1978, p. 3672), is hereby amended by striking from the first sentence of Section 7 the following: $30,000.00, and inserting in lieu thereof the following: $31,800.00, and by striking from the third sentence of said Section the following: $6,300.00, and inserting in lieu thereof the following: $6,680.00, 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 $31,800.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The

Page 3669

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 $6,680.00 per annum to be paid in equal monthly installments. Each of the other members of the Board shall receive an annual expense allowance of $1,800.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County. The Chairman of the Board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the Board. All five members of the Board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the Chairman shall carry out and administer the policies set by the Board. The Chairman shall select the Director of Finance/Comptroller, but the Chairman's selection must be confirmed by a majority vote of the entire Board. Section 2. This Act shall become effective on July 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 1979 session of the Georgia General Assembly a bill to amend an act of the Georgia General Assembly creating the board of commissioners of Clayton County approved February 8, 1955 (Ga. Laws 1955, page 2,064 as amended; and for other purposes). This 2nd day of January, 1979. Rudolph Johnson Representative, 72nd District State of Georgia County of Clayton Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal

Page 3670

advertisement which appears above was published in said newspaper on the following dates: January 2, 9 and 16, 1979. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 16th day of January, 1979. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved April 11, 1979. BURKE COUNTYTAX COMMISSIONER'S COMPENSATION. No. 195 (House Bill No. 439). AN ACT To amend an Act abolishing the present mode of compensating the Tax Commissioner of Burke County, known as the fee system, and providing in lieu thereof an annual salary, approved March 23, 1972 (Ga. Laws 1972, p. 2350), as amended by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3144), so as to change the compensation provisions relating to the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present mode of compensating the Tax Commissioner of Burke County, known as the fee system, and providing in lieu thereof an annual salary, approved March 23, 1972 (Ga. Laws 1972, p. 2350), as amended by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3144), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

Page 3671

Section 2. (a) The tax commissioner shall receive an annual salary as follows: (1) For the period beginning March 1, 1979, and ending December 31, 1979, $16,800. (2) For the period beginning January 1, 1980, and ending December 31, 1980, $18,000. (3) For the period beginning January 1, 1981, and thereafter, $20,000. (4) Beginning January 1, 1982, the salary of the tax commissioner specified in paragraph (3) shall be increased, whenever employees of Burke County are given an across-the-board cost-of-living increase, by the same percentage or amount as is provided for the employees of Burke County. (b) The tax commissioner's salary shall be paid in equal monthly installments from the funds of Burke County. Section 2. This Act shall become effective March 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 1979 session of the General Assembly of Georgia, a bill to change the compensation and allowance of the Tax Commissioner, the Clerk of the Superior Court and the Sheriff of Burke County, and for other purposes. This 5th day of December, 1978. Emory E. Bargeron Representative, 83rd District

Page 3672

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/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: December 13, 1978, December 20, 1978 and December 27, 1978. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. STATE COURT OF BURKE COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 196 (House Bill No. 440). AN ACT To amend an Act creating the State Court of Burke County, approved August 15, 1903 (Ga. Laws 1903, p. 174), as amended, particularly by an Act approved March 23, 1972 (Ga. Laws 1972, p. 2365), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 3604), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3673

Section 1. An Act creating the State Court of Burke County, approved August 15, 1903 (Ga. Laws 1903, p. 174), as amended, particularly by an Act approved March 23, 1972 (Ga. Laws 1972, p. 2365), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 3604), is hereby amended by striking Section 4A thereof in its entirety and substituting in lieu thereof a new Section 4A, to read as follows: Section 4A. (a) The judge of the court shall receive an annual salary as follows: (1) For the period beginning March 1, 1979, and ending December 31, 1979, $6,600. (2) For the period beginning January 1, 1980, and ending December 31, 1980, $7,250. (3) For the period beginning January 1, 1981, and thereafter, $8,000. (b) The judge's salary shall be paid in equal monthly installments from the funds of Burke County. Section 2. Said Act is further amended by striking subsection (b) of Section 12 thereof in its entirety and substituting in lieu thereof a new subsection (b), to read as follows: (b) (1) For services rendered the State in criminal cases, the solicitor of said court shall receive, in lieu of fees in criminal cases, an annual salary as follows: (A) For the period beginning March 1, 1979, and ending December 31, 1979, $6,600. (B) For the period beginning January 1, 1980, and ending December 31, 1980, $7,000. (C) For the period beginning January 1, 1981, and ending December 31, 1981, $7,500. (D) For the period beginning January 1, 1982, and thereafter, $8,000.

Page 3674

(2) In addition to such salary, said solicitor shall be entitled to receive and retain the same fees in all civil cases to which the State is a party that are allowed to district attorneys for all services in the superior court. (3) The solicitor's salary shall be paid in equal monthly installments from the funds of Burke County. Section 3. This Act shall become effective March 1, 1979. 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 1979 Session of the General Assembly of Georgia, a bill to change the compensation and allowance of the Judge of the Probate Court of Burke County, the Judge of the State Court of Burke County and the Solicitor of the State Court of Burke County, and for other purposes. This 26th day of December, 1978. Emory E. Bargeron Representative, 83rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: December 27, 1978, January 3, 1979 and January 10, 1979. /s/ Emory E. Bargeron Representative, 83rd District

Page 3675

Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BURKE COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 197 (House Bill No. 441). AN ACT To amend an Act placing the Clerk of the Superior Court of Burke County on a salary, approved March 25, 1974 (Ga. Laws 1974, p. 3324), so as to change certain provisions relating to the compensation of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Burke County on a salary, approved March 25, 1974 (Ga. Laws 1974, p. 3324), 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 clerk shall receive an annual salary as follows: (1) For the period beginning March 1, 1979, and ending December 31, 1979, $16,800. (2) For the period beginning January 1, 1980, and ending December 31, 1980, $18,000.

Page 3676

(3) For the period beginning January 1, 1981, and thereafter, $20,000. (4) Beginning January 1, 1982, the salary of the clerk specified in paragraph (3) shall be increased, whenever employees of Burke County are given an across-the-board cost-of-living increase, by the same percentage or amount as is provided for the employees of Burke County. (b) The clerk's salary shall be paid in equal monthly installments from the funds of Burke County. Section 2. This Act shall become effective March 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 1979 session of the General Assembly of Georgia, a bill to change the compensation and allowance of the Tax Commissioner, the Clerk of the Superior Court and the Sheriff of Burke County, and for other purposes. This 5th day of December, 1978. Emory E. Bargeron Representative, 83rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official

Page 3677

organ of Burke County, on the following dates: December 13, 1978, December 20, 1978 and December 27, 1978. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BURKE COUNTYSHERIFF'S COMPENSATION. No. 198 (House Bill No. 442). AN ACT To amend an Act placing the Sheriff of Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2633), 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 Burke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. Laws 1968, p. 2979), an Act approved March 4, 1969 (Ga. Laws 1969, p. 2167), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2458), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2633), is hereby amended by striking Section 2 thereof in its entirety and substituting in lieu thereof a new Section 2, to read as follows:

Page 3678

Section 2. (a) The sheriff shall receive an annual salary as follows: (1) For the period beginning March 1, 1979, and ending December 31, 1979, $17,400. (2) For the period beginning January 1, 1980, and ending December 31, 1980, $19,000. (3) For the period beginning January 1, 1981, and thereafter, $22,000. (4) Beginning January 1, 1982, the salary of the sheriff specified in paragraph (3) shall be increased, whenever employees of Burke County are given an across-the-board cost-of-living increase, by the same percentage or amount as is provided for the employees of Burke County. (b) The sheriff's salary shall be paid in equal monthly installments from the funds of Burke County. Section 2. This Act shall become effective March 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 1979 session of the General Assembly of Georgia, a bill to change the compensation and allowance of the Tax Commissioner, the Clerk of the Superior Court and the Sheriff of Burke County, and for other purposes. This 5th day of December, 1978. Emory E. Bargeron Representative, 83rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official

Page 3679

organ of Burke County, on the following dates: December 13, 1978, December 20, 1978 and December 27, 1978. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BURKE COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 199 (House Bill No. 443). 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 4, 1969 (Ga. Laws 1969, p. 2160), and an Act approved March 30, 1971 (Ga. Laws 1971, p. 2556), so as to change the supplemental compensation of the Judge of the Probate Court of Burke County; to repeal conflicting laws; and for other purposes. 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 4, 1969 (Ga. Laws 1969, p. 2160), and an Act approved March 30, 1971 (Ga. Laws 1971, p. 2556), is hereby amended by striking Section 1 in its entirety and by inserting in lieu thereof a new Section 1 which shall read as follows:

Page 3680

Section 1. (a) The judge of the probate court shall receive an annual salary as follows: (1) For the period beginning March 1, 1979, and ending December 31, 1979, $4,600. (2) For the period beginning January 1, 1980, and ending December 31, 1980, $5,200. (3) For the period beginning January 1, 1981, and thereafter, $6,000. (4) Beginning January 1, 1982, the salary of the judge of the probate court specified in paragraph (3) shall be increased, whenever employees of Burke County are given an across-the-board cost-of-living increase, by the same percentage or amount as is provided for the employees of Burke County. (b) The judge's salary shall be paid in equal monthly installments from the funds of Burke County. Section 2. This Act shall become effective March 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 1979 session of the General Assembly of Georgia, a bill to change the compensation and allowance of the Judge of the Probate Court of Burke County, the Judge of the State Court of Burke County, and the Solicitor of the State Court of Burke County, and for other purposes. This 26th day of December, 1978. Emory E. Bargeron Representative, 83rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official

Page 3681

organ of Burke County, on the following dates: December 27, 1978, January 3, 1979 and January 10, 1979. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. IRWIN COUNTYSALARIES OF CLERICAL ASSISTANTS. No. 202 (House Bill No. 464). AN ACT To amend an Act creating a Board of Commissioners for Irwin County and prescribing and defining their duties, powers and compensation, approved February 16, 1933 (Ga. Laws 1933, p. 571), as amended, so as to empower and authorize the Board to fix and set salaries for the secretaries, clerks and other clerical assistants within the offices of certain county officers; to provide for a salary range; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Irwin County and prescribing and defining their duties, powers and compensation, approved February 16, 1933 (Ga. Laws 1933, p. 571), as amended, is hereby amended by adding between Section 6 and Section 7 a new Section 6A to read as follows: Section 6A. Notwithstanding any other provisions of law, the Board of Commissioners of Irwin County is hereby empowered and authorized to fix and set salaries for the secretaries, clerks and other clerical assistants within the offices of the Sheriff, the Clerk of the

Page 3682

Superior Court, the Judge of the Probate Court and the Tax Commissioner of Irwin County. Said salaries shall be fixed and set within a range of not less than $75.00 per week nor more than $250.00 per week to be paid from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to authorize the Board of County Commissioners of Roads and Revenue of Irwin County, Georgia to set salaries for secretaries and clerks for elected officials in Irwin County, Georgia; and for other purposes. This 5th day of January, 1979. George W. Paulk, Chairman of Board of County Commissioners of Roads and Revenue, Irwin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul S. Branch, Jr. who, on oath, deposes and says that he/she is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following dates: January 11, 1979, January 18, 1979 and January 25, 1979. /s/ Paul S. Branch, Jr. Representative, 137th District Sworn to and subscribed before me, this 30th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3683

ATKINSON COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 203 (House Bill No. 466). AN ACT To abolish the present mode of compensating the Tax Commissioner of Atkinson 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 authorize the retention of certain fees; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of a deputy by said officer; to provide for the compensation for such deputy; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Tax Commissioner of Atkinson 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 tax commissioner shall receive an annual salary of $12,000.00, payable in equal monthly installments from county funds. Section 3. (a) 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 except as provided in subsection (b) and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during

Page 3684

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. (b) The tax commissioner may receive and retain any fees to which he is lawfully entitled for acting as an ex officio sheriff pursuant to Code Sections 92-4901.1 and 91A-1377. Section 4. The tax commissioner shall have the authority to appoint one deputy to assist him in performing the official duties of his office. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by said deputy. The tax commissioner shall have the power and authority, during his term of office, to designate and name the person who shall be employed as such deputy and to prescribe the duties and assignments and to remove or replace the deputy at will and within his sole discretion. Section 5. The necessary operating expenses of the tax commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Atkinson County. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3685

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Atkinson County on an annual salary in lieu of the fee system of compensation; to provide for the collection and disposition of all fines, fees, forfeitures and other emoluments; to provide for periodic statements; to provide for the personnel of said officer and their compensation; to provide for other matters relative thereto; to provide an effective date; and for other purposes. This 11th day of January, 1979. Tom Crosby, Jr. Representative, 150th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr. who, on oath, deposes and says that he/she is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: January 11, 1979, January 18, 1979 and January 25, 1979. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 31st day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3686

CITY OF THOMASTONCORPORATE LIMITS. No. 204 (House Bill No. 470). 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 corporate limits; to provide for clarification; to provide 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 Thomaston, approved March 15, 1933 (Ga. Laws 1933, p. 1070), as amended, is hereby amended by adding at the end of Section 4 new paragraphs to read as follows: All that certain tract or parcel of land, containing acres, situate, lying and being in Land Lot Nos. 189, 219 and 220 of the 10th Land District of Upson County, Georgia, consisting of Tract `A' and Tract `B' which are shown and delineated on that certain plat prepared by Edwin Echols, RLS, a copy of which is of record in Plat Book 8, page 179, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the bounds, metes, courses and distances shown and delineated thereon, is by this reference incorporated herein in aid of this description. All that certain tract or parcel of land, containing.6139 acres, situate, lying and being in Land Lot No. 219 of the 10th Land District or Upson County, Georgia, which said.6139 acres are shown and delineated on that certain plat prepared for Donald Kennedy Harp by Charles Lamar Moore, RPS, on September 10, 1971, a copy of which said plat is of record in Plat Book 8, page 54, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the metes, bounds, courses and distances shown and delineated thereon, is incorporated herein by this reference.

Page 3687

All those certain tracts or parcels of land, containing, in the aggregate, 171.11 acres, situate, lying and being in Land Lot Nos. 188, 221 and 222 of the 10th Land District of Upson County, Georgia, which are shown and delineated on that certain plat thereof (specifically including Tracts `B', `C', `D' and `E'), prepared by Charles L. Moore and Gary F. Self, RPS, on December 14, 1976, a copy of which said plat is of record in Plat Book 8, page 11, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, including the metes, bounds, courses and distances shown and delineated thereon, is incorporated herein in aid of this description. Said described lands are hereby declared to be annexed into the corporate limits of the said City of Thomaston. Section 2. All powers, immunities and authority of the said City of Thomaston under its charter and ordinances, and all laws appertaining to said city as a municipality, are hereby extended over and made effective in every part of the territory included within the limits described in Section 1 above. Section 3. Said Act is further amended by adding at the end of Section 4 a new paragraph to read as follows: The corporate limits of said City of Thomaston are hereby reduced by removing therefrom the following described tract of land, to wit: All that certain tract or parcel of land situate, lying and being in Land Lot Nos. 219 and 220 of the 10th Land District of Upson County, Georgia, which is shown and designated as Tract C on that certain plat prepared by Edwin Echols, RLS, a copy of which is of record in Plat Book 8, page 179, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, as so recorded, including the metes, bounds, courses and distances shown and delineated thereon, is, by this reference, incorporated herein in aid of this description, and which said tract of land which is hereby removed from the corporate limits of said city is more particularly described, by reference to said plat, as follows, to wit: To arrive at the REAL POINT OF BEGINNING begin at the southwest corner of said Land Lot No. 220 and run thence south 89 degrees 04 minutes

Page 3688

east 1954.3 feet to the southwest corner of Tract A shown on said plat, and run thence north 24 degrees 19 minutes west 1619.2 feet, and thence north 35 degrees 09 minutes east 489.6 feet, and thence north 24 degrees 05 minutes west 113.3 feet, and thence north 40 degrees 08 minutes east 144.5 feet, and thence north 31 degrees 06 minutes east 161.2 feet, and thence north 27 degrees 45 minutes west 310.5 feet, and thence south 85 degrees 19 minutes east 286.9 feet to the REAL POINT OF BEGINNING of the tract hereby removed from said corporate limits, and run from said REAL POINT OF BEGINNING south 85 degrees 19 minutes east 100 feet; thence north 16 degrees 47 minutes east 500.7 feet; thence north 71 degrees 25 minutes west 137.6 feet; thence south 01 degrees 10 minutes west 147.7 feet; and thence south 16 degrees 47 minutes west 383.7 feet to the REAL POINT OF BEGINNING.' 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 1979 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 8th day of January, 1979. D. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia Janice Horton Senator in the General Assembly for the 17th Senatorial District of Georgia

Page 3689

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he is Senator 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 10, 1979, January 17, 1979 and January 24, 1979. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3690

CEDARTOWN DEVELOPMENT AUTHORITYMEMBERS, ETC. No. 205 (House Bill No. 473). AN ACT To amend an Act creating the Cedartown Development Authority, approved April 4, 1963 (Ga. Laws 1963, p. 2878), so as to provide that the members shall be removable for cause or by the will of the mayor and council; to redefine the word project and the words cost of project; to change the powers of the Authority; to renumber certain subsections; to change the bond maturity date and interest rate; to provide 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 Cedartown Development Authority, approved April 4, 1963 (Ga. Laws 1963, p. 2878), is hereby amended by striking Section 5 of said Act in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. The Authority shall consist of five (5) members who shall serve for a term of five (5) years. The members shall be appointed by the mayor and council of the City of Cedartown. The first members shall be appointed for terms of one (1), two (2), three (3), four (4), and five (5) years, and thereafter their successors shall be appointed for terms of five (5) years. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said mayor and council of the City of Cedartown. Should any member resign or be unable to serve or move beyond the territory embraced by the corporate limits of the City of Cedartown as it is now situated or may hereafter

Page 3691

be situated, his successor shall be appointed to serve the remaining term by said mayor and council of the City of Cedartown. Prior to taking office the members shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Cedartown Development Authority, So Help Me God.' A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chairman from year to year. The members of said Authority shall be entitled to no compensation. No vacancy shall impair the power of the Authority to act. Any member is removable for cause or at will by the mayor and council of the City of Cedartown. Section 2. Said Act is further amended by striking paragraph (2) and paragraph (3) of Section 6 of said Act in their entirety and substituting in lieu thereof a new paragraph (2) and a new paragraph (3) of Section 6 to read as follows: (2) The word `project' shall be deemed to mean and include property, real and personal, or either, financed, acquired or held by the Authority for the assistance, promotion, establishment, or development of a new industry or industries, or the assistance, promotion, or expansion of existing industry, trade, or commerce in the City of Cedartown, or any combination thereof; property, real and personal, or either, used as air or water pollution control facilities which any federal, State, or local agency having jurisdiction in the premises shall have certified as being, as designed, in furtherance of the purpose of controlling or abating air or water pollution; any property, real and personal, or either, used as, or in connection with, a sewage disposal facility or a solid waste disposal facility; the acquisition of any such property for any purpose or purposes; the improvement of any such property or properties; the construction, installation, or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing, or renting such land, properties improvements, structures or equipment to public or private persons, firms, corporations, or associations for such purposes or the loaning of funds to any private person, firm, corporation, or association for the construction, installation, equipping, or expansion of any of the foregoing;

Page 3692

(3) The term `cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor, and services acquired or contracted for; the cost of financing charges; the payment of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal expenses, including any underwriters' commissions or legal expenses, or both; the cost of plans or specifications, or both; and any other expenses necessary or incident to the financing, construction, purchase, or acquisition of any project authorized hereby or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. Any obligation or expense incurred for any one 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 or notes issued under the provisions of this Act. Section 3. Said Act is further amended by renumbering paragraphs (5) through (16) of Section 8 of said Act as paragraphs (7) through (18). Section 4. Said Act is further amended by adding immediately following paragraph (4) of Section 8 of said Act a new paragraph (5) and a new paragraph (6) to read as follows: (5) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other pertinent instruments, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provisions for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this subsection in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instruments, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the Authority may deem necessary or desirable.

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(6) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the Authority. Section 5. Said Act is further amended by striking Section 9 of said Act in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. The acquisition, construction, improvement, betterment, expansion, or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding forty (40) years from their respective dates, shall bear interest at such rate or rates fixed by the Authority and any limitations with respect to interest rates found in the Revenue Bond Law (Chapter 87-8), or the usury laws of the State of Georgia shall not apply to obligations issued hereunder, and may be in such form, either coupon or fully registered or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide and may be subject to redemption prior to maturity and may contain such terms, covenants, agreements, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Polk County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the `Revenue Bond Law' (Ga. Laws 1937, pp. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings

Page 3694

to validate such bonds, the Cedartown Development Authority shall be named as party defendant. In the event no bill of exceptions is filed within the time prescribed by law or, if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia a bill to amend and revise an Act implementing the provisions of an amendment to the Constitution ratified November 6, 1972 (Ga. Laws 1962, page 888, et seq.), creating the Cedartown Development Authority, approved April 4, 1963 (Ga. Laws 1963, page 2878, et seq.), so as to provide an alternative procedure whereby the Cedartown Development Authority can stimulate, develop, promote and expand industry; to enable the Authority to extend credit or make loans to any industrial entity for the planning, design, construction, acquisition and carrying out of any project; to acquire, accept or retain and any equitable interest, security interest or other interest in any property; to provide for termination of the membership of the Authority; to provide for a change in the manner in which the powers of the Authority may be changed; to repeal an interest rate limitation to extend the existing

Page 3695

maturity date limitation; to provide an effective date; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1979. /s/ Lynn Gammage Representative, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Cedartown Standard which is the official organ of Polk County, on the following dates: January 11, 18 and 25, 1979. /s/ Lynn Gammage Representative, 17th District Sworn to and subscribed before me, this 2nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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IRWIN COUNTYSMALL CLAIMS COURT. No. 206 (House Bill No. 478). AN ACT To create and establish a Small Claims Court of Irwin 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 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 of Irwin 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) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Irwin 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, any judge of the Superior Court of Irwin 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.

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(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, 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 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 be not less than ten nor more than thirty days from the date of the service of said notice. 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

Page 3699

power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.

Page 3700

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 Chief Judge of the Superior Court of Irwin 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

Page 3701

and writs issued from or by said small claims court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Section 15. A judgment of said small claims court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county. Section 16. Appeals may be had from judgments returned in the small claims court to the superior court and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the small claims court to the superior court, the same to be a de novo appeal. Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court of Irwin County

Page 3702

Page 3703

Page 3704

Section 18. Within thirty days after this Act becomes of full force and effect, the Senior Judge of the Superior Court of Irwin County, Georgia, shall appoint a duly qualified person to be Judge of the Small Claims Court of Irwin County and to serve from the date of such appointment to the thirty-first day of December, 1979, following such appointment. Thereafter, the Judge of the Small Claims Court of Irwin County shall be appointed by the Senior Judge of the Superior Court of Irwin County thirty days prior to the expiration of the term of the judge of said court and shall serve for a term of office of four years. Thereafter, successors to the Judge of the Small Claims Court of Irwin 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 by the Senior Judge of the Superior Court of Irwin County, in the sole discretion of the appointing 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 governing authority of the county. 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.

Page 3705

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 $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 $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 of the first $250.00 and five percent 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 here repealed.

Page 3706

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1979 session of the General Assembly of Georgia a bill to create a Small Claims Court of Irwin County, Georgia and to establish the jursidiction, procedure, fees, appointment or election of the judge, administrative staff and all ancillary matters pertaining thereto. This 5th day of January, 1979. /s/ George W. Paulk Chairman of Board of County Commissioners of Roads and Revenue, Irwin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul S. Branch, Jr. who, on oath, deposes and says that he/she is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Ocilla Star, which is the official organ of Irwin County, on the following dates: January 11, 18 and 25, 1979. /s/ Paul S. Branch, Jr. Representative, 137th District Sworn to and subscribed before me, this 30th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3707

POLK COUNTYSHERIFF'S DEPUTIES. No. 207 (House Bill No. 482). AN ACT To amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 2732), as amended, particularly by an Act approved February 28, 1974 (Ga. Laws 1974, p. 2069), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3960), so as to change the compensation of the sheriff's 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 certain officers of Polk County on an annual salary in lieu of the fee system of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 2732), as amended, particularly by an Act approved February 28, 1974 (Ga. Laws 1974, p. 2069), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3960), is hereby amended by striking from subsection (c) of Section 2, wherever the same shall appear, the following: $10,500.00, and inserting in lieu thereof the following: $11,100.00, so that when so amended subsection (c) shall read as follows: (c) The sheriff of said county, who is also sheriff of the State court of said county, shall receive a salary of $14,400.00 per annum. The sheriff shall employ a chief deputy sheriff, to be paid at the rate of $11,100.00 per annum and a deputy sheriff to be paid at the rate of $11,100.00 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.

Page 3708

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act approved March 10, 1959 (Ga. L. 1959, p. 2732), as amended, to change the salaries of the Deputy Sheriffs of Polk County, Georgia; and for other purposes. This 12th day of January, 1979. /s/ Lynn Gammage Representative, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cedartown Standard which is the official organ of Polk County, on the following dates: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ Lynn Gammage Representative, 17th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3709

DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY. No. 208 (House Bill No. 484). AN ACT To create the Downtown Bainbridge Development Authority; to provide for the appointment of members of the Authority and their terms of office; to provide for recall of the members; to create the Downtown Bainbridge 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 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 Bainbridge the Downtown Bainbridge Development Authority, referred to in this Act as the Authority. 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 Bainbridge or, if the mayor does not desire to be a member, a member shall be appointed by the mayor and aldermen. Such person shall be an elected official of the City of Bainbridge. 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 Bainbridge 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

Page 3710

Aldermen of the City of Bainbridge within thirty days after this Act becomes effective. Such members shall serve through February 28, 1981. 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 aldermen, 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, 1981. Such caucuses shall be held at such time and place as the Mayor of the City of Bainbridge shall designate, and the mayor shall give all members of such group fifteen 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. (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.

Page 3711

Section 3 . The Downtown Bainbridge Development District shall be composed of the following described property on the west side of the Chattahoochee River in the City of Bainbridge, Decatur County, Georgia: The Bainbridge Central Business District shall consist of that area bound on the north by the Seaboard Coastline Railroad; on the east by Scott Street; on the south by Evans Street between Scott and Washington Streets, and then by Shotwell Street between Washington and Bruton Streets; and on the west by Bruton Street and the Flint River. It shall also include properties on the east side of Scott Street which abut on the area included; and properties on the south side of Shotwell Street which abut on the area included. The district shall also include properties located on the north and south sides of Shotwell Street from Scott Street eastward to the U.S. 27-84 Bypass; of properties on the east and west sides of Scott Street between College and Evans Streets; of properties on the east and west sides of West Street between U.S. 27-84 Bypass and Evans Street; and of properties on the north and south sides of U.S. 84 (Dothan Road) from the Flint River west to U.S. 27-84 Bypass. Section 4 . The Authority shall be authorized to levy upon all real property subject to taxation by the Authority within the Downtown Bainbridge District on January 1 of each year a tax not to exceed twenty 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 Bainbridge. The Authority shall also be authorized to create separate tax districts within the Downtown Bainbridge District and levy different rates of tax for such special tax districts, but not to exceed twenty mills upon the assessed value of the property in any one district. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of Bainbridge. Delinquent taxes shall bear the same interest and penalties as City of Bainbridge 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 Bainbridge District.

Page 3712

(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 Bainbridge 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. (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 Bainbridge District and to make long-range plans therefor in cooperation with the planning development of the Downtown Bainbridge Development Authority, City of Bainbridge and Decatur 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 Bainbridge for the collection of any taxes levied by the Authority.

Page 3713

(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 Bainbridge 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 powers to carry out the provisions of said Paragraph as it pertains to the Downtown Bainbridge 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 Bainbridge within the meaning of Article IX, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, 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

Page 3714

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 thirty 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 Decatur 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. Section 8 . This Act shall become effective on January 1, 1981, only if an amendment to the Constitution authorizing the creation of a Downtown Bainbridge Development Authority is ratified at the general election in 1980, otherwise this Act shall be null and void. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3715

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to create the Downtown Bainbridge 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 Bainbridge District; to authorize tax districts within the 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 the foregoing; and for other purposes. This, the 20th day of January, 1979. /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 20, 1979, January 27, 1979 and February 3, 1979. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3716

CITY OF MORVENNEW CHARTER. No. 209 (House Bill No. 485). AN ACT To reincorporate the City of Morven in the County of Brooks; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the organization and administration of said city; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for registration of voters; to provide for the method of conducting elections; to provide for the establishment of a mayor's court; to provide for the qualifications and compensation; to provide for the jurisdiction of the mayor's court; to provide for appeals from the mayor's court; to provide for the payment of court costs; to provide for the rules for the mayor's court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CITY LIMITS AND CORPORATE POWERS Section 1.01. Reincorporation. This Act shall constitute the whole charter of the City of Morven, Georgia, repealing and replacing the charter as provided by an Act incorporating the Town of Morven, approved November 28, 1900 (Ga. Laws 1900, p. 365), as amended. The City of Morven, Georgia, in the County of Brooks, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Morven, Georgia, and by that name shall have perpetual succession, may contract and contract with, may sue and be sued, plead and be impleaded, in all

Page 3717

the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. City Boundaries. The boundaries of the City of Morven shall be as follows: three-fourths of one mile in all directions from the center of the old depot of the South Georgia Railroad at Morven, Georgia. Section 1.03. Corporate Powers. The corporate powers of the city, to be exercised by the mayor and council, may include the following: (a) To levy and to provide for the assessment, valuation, reevaluation and collection of taxes on all property subject to taxation. (b) To levy and provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (c) To appropriate and borrow money to provide for payment of the debts of the city and to authorize the expenditure of money for any municipal purpose or for matters of national or State interest. (d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property inside or outside the city. (e) To condemn property inside the city for present or future use, and for any corporate purpose deemed necessary by the mayor and council under Section 36-202 of the Code of Georgia of 1933, or under other applicable public acts. (f) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, an electrical power system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water, gas, and electricity furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes.

Page 3718

(g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty years. The mayor and council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets, and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof, and for/such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia of 1933, or other applicable public acts. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish, and refuse. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. (k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (l) To define a nuisance in the city and to provide for its abatement. The city may provide by ordinance for any buildings, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within sixty (60) days after written notice from the city to do so.

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(m) To provide that persons given jail sentences in the mayor's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the mayor and council may provide for the commitment of city prisoners to any county work camps, or jail, by agreement with the appropriate county officers. (n) To regulate and license, or prohibit, the keeping or running of large animals or fowl and to provide for the impoundment of same, in violation of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder. (o) To levy and provide for the collection of special assessments to cover the costs for any public improvements. (p) To provide that, upon the conviction of the violation of any ordinance, rule, regulation, or order, the offender may be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation, or order but not exceeding the limitations prescribed by this charter. (q) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable public acts of the State. (r) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment

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from the general revenues and funds of the city for the support of public hospitals and libraries. (s) To regulate and control public streets, public alleys and ways and, in the discretion of the mayor and council, by ordinances to alter and open or close public streets and public alleys and ways without notification. (t) All ordinances, bylaws, rules and regulations now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council of said city. ARTICLE II CITY GOVERNMENT Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Morven shall be vested in a mayor and council to be composed of a mayor and five (5) councilmembers. The mayor and council shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by the duly established ordinances of the City of Morven. Section 2.02. Qualifications for Mayor and Council. To be eligible for the office of mayor and council, elected or appointed, a person must be at least twenty-one years of age, must meet the requirements of a qualified elector for members of the General Assembly as prescribed by State law, must be a registered voter in the City of Morven, and must be a bona fide resident of the City of Morven for at least one year next preceding the election in which he offers as a candidate. Section 2.03. Election of Mayor and Council. Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. On the first Wednesday in December 1979, and on said date every two years thereafter, a general election shall be held for the three councilmembers whose terms of office are expiring. The three councilmembers' seats to be filled by elections shall be known as Post #3, Post #4, and Post #5, respectively. The three candidates for councilmembers in said election who receive the majority of votes in their respective races shall be elected for terms of office of two years each

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and until their successors are duly elected and qualified. On the first Wednesday in December 1980, and on said date every two years thereafter, a general election shall be held for mayor and councilmembers' Post #1 and Post #2, respectively. The two councilmembers in said election who receive the majority of votes in their respective races shall be elected for terms of office of two years each and until their successors are duly elected and qualified. The candidate for mayor who receives the majority of votes cast in his respective race shall be elected for a term of office of two years. In instances where no candidate for mayor or council post receives a majority of the votes cast at the election held on the first Wednesday in December, a run-off election shall be held between the two candidates receiving the highest number of votes in such election. Said run-off election shall be held on the third Wednesday of December of said year. The candidate for mayor and for any council post receiving a majority of the votes cast in such run-off election shall be declared the winner. Section 2.04. Terms of Office. The terms of office for mayor and councilmembers shall begin at the first regular meeting of the mayor and council in January next succeeding the election and shall continue for two years and until further successors are elected and qualified. Section 2.05. Mayor and Council. The governing body of said city shall be composed of a mayor and five (5) councilmembers, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The mayor and council shall hold regular meetings at a stated time and place. The mayor and council shall meet in special sessions on call of the mayor or on call of the mayor pro tem and two councilmembers. Notice of such meetings must have been served on the other members personally or left at their residence, but such notice of a special meeting shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of a special meeting shall be considered waived if the mayor and all councilmembers are present when the special meeting is convened. Only the business stated in the call may be transacted at a special meeting, except by unanimous consent of all members of mayor and council. The mayor and council shall exercise its powers in public meetings. A majority of the mayor and council shall constitute a quorum. The mayor and council may, by ordinance, adopt rules

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and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the mayor and council. Section 2.06. Mayor as Presiding Officer. The mayor shall preside at meetings of the mayor and council, shall have general superintendence over the public affairs of the city, enforce all the laws and ordinances thereof, shall have a vote in the case of a tie vote by councilmembers, and shall have veto powers. The mayor shall have five (5) days after meeting of the mayor and council in which to file with the clerk in writing his dissent, but the mayor and council may at the same meeting, or at any subsequent meeting within thirty (30) days, pass any such ordinances, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmembers, to be taken by ayes and nays and entered upon the minutes; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. Mayor Pro Tem. The mayor and council at the first regular meeting in January, and after the newly elected councilmembers have taken office following a regular election, shall elect from its membership a mayor pro tem for a term of one year. The mayor pro tem shall perform the duties of the mayor during his absence from the city or his disability. Section 2.08. Vacancy in Office of Mayor and Councilmembers. A vacancy shall exist if the mayor or councilmember resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the mayor and council, which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. The mayor and council shall appoint a qualified person to fill any such vacancy in the office of council for the remainder of the unexpired term. At no time shall there be more than one councilmember so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the

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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 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 unexpired terms in a special election. Provided, however, if a regular election for the city shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Georgia of 1933) as it now exists or may hereafter be amended. Section 2.09. Compensation and Expenses. The mayor and council may in its discretion determine the salary of the mayor and council by ordinance; provided, however, that no raise in salary shall be effective until the first regular council meeting in January after the next succeeding election. Each councilmember and mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive his actual and necessary expenses incurred in the performance of his duties. Section 2.10. City Clerk. The mayor and council shall appoint a city clerk who shall be ex officio treasurer. The clerk shall be responsible for keeping and preserving the city seal and all records of the mayor and council; attending meetings of the mayor and council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the nays and ayes on each motion considered, and the text of each resolution or ordinance considered, preparing and certifying copies of official records in this office, and performing such other duties as may be required by the mayor and council. The mayor and 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 mayor and council, but not less than $5,000.00, said bond payable to the City of Morven, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city.

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Section 2.11. City Legislation. Any action of the mayor and council, having a regulatory or penal effect or required to be done by ordinances under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least four members of the mayor and council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01. Organization. The city government shall continue as presently organized unless and until otherwise provided by ordinance. The mayor and council, by such ordinance, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment; may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the city; and may prescribe the duties and compensations of any office or position of employment. Section 3.02. Administrative Duties of Mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules, and regulations, ordinances and franchises in the city; and the city attorney shall take such legal action as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. Section 3.03. City Attorney. The mayor and council shall appoint a city attorney and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation

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in which the city is a part; may be the prosecuting officer in the mayor's court, shall attend the meetings of the mayor and council as directed; shall advise the mayor and council, and other officers and employees of the city, concerning legal aspects of the city's affairs. Section 3.04. Councilmembers. It shall be the duty of each councilmember to attend regularly all meetings of the council; to assist the mayor in carrying into effect the laws and ordinances of the city; and to faithfully discharge their duties on the committees upon which they may be appointed by the mayor. Section 3.05. Oath of Office. Before a person takes any office in the city government, he shall take before any officer authorized to administer oaths the following such oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects observe the provisions of the charter and ordinances of the City of Morven, and I will faithfully discharge the duties of...... So help me God. Said oaths with the officers' jurat attached shall be written or printed and, when executed, filed with the city clerk. Section 3.06. Political Activity Prohibited. No officer or employee of the city, other than the mayor and council members, shall continue in the employment of the city after becoming a candidate for nomination or election to any city office. Section 3.07. Personal Financial Interest. Any city officer or employee who has a financial interest, direct or indirect or by any reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city, shall make known that interest by announcement at the meeting of mayor and council or in writing to the city clerk and shall refrain from voting upon or otherwise participating in this capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who willfully conceals such financial interest or willfully violates the requirements of this Section shall, upon conviction, be guilty of malfeasance in office or position. Violation of this Section with the knowledge express or

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implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council. ARTICLE IV FISCAL ADMINISTRATION Section 4.01. Publication of Financial Statement. As soon as practicable after the close of the fiscal year, but within three months after the close thereof, the mayor and council shall cause to be published in a local paper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the city, as of the close of the preceding fiscal year. Each month the mayor and council shall cause to be posted in the city hall an itemized and detailed statement of the previous month's expenditures and receipts by the city. Section 4.02. Sale of City Property. The mayor and council may sell any city property which is obsolete, surplus or unusable at public sale, with advertisement, and for such consideration as the mayor and council shall deem equitable and just to the city. Section 4.03. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be subject to a property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before April 1. If such return is not made, the mayor and council is authorized to access a penalty of not more than ten (10) percent of the taxes due on said property. Taxes shall be due on October 1 of each year and shall become past due or delinquent if not paid on or before December 20 of each year. The mayor and council may elect to use the county assessment for the year in which city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten (10) days after the city clerk has sent notice, by ordinary mail, of a new or increased assessment; provided

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that such notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this Section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law. Section 4.04. Tax Levy. The mayor and council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services and for any other public purpose, in addition to a sufficient levy to pay principal and interest on general obligations. Said city is hereby exempted from the provisions on Georgia Code Sections 92-4101 through 92-4104 inclusive. Section 4.05. Tax Due Date and Tax Bills. The due date of property taxes shall be October 1 of each year. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax notices shall not, however, invalidate any tax. Property tax shall become delinquent if not paid on or before December 20, of each year, at which time a penalty of ten (10%) percent in addition to a fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of nine (9%) percent per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court or record. Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxation, to provide for the compelling of such return, and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in any conflict with the limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due; to provide the time or times when said taxes shall be due and payable. Section 4.06. Collection of Delinquent Taxes. The mayor and council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by the Chief of Police or any other person or persons appointed by the mayor and

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council, 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 or January 1 of each year, which shall be superior to all liens except that it shall have equal dignity with those for federal, State, or county taxes. Section 4.07. Transfer of Executions. The city clerk of the City of Morven 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 the cases of sales or transfers of tax fi. fas. as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payments of the premium, interest, and costs, as in cases of redemption of property where sold under State or county ad valorem tax fi. fa. as the same now exists, or as may from time to time be provided by law. Section 4.08. 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 (30) days after due dates, and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten (10%) percent and thereafter be subject to interest at the rate of nine (9%) per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes.

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ARTICLE V ELECTIONS Section 5.01. Regular Elections. The regular election for mayor or councilmembers, as the case may be, shall be held on the first Wednesday in December. Officials elected at any regular election shall take office at the first regular meeting in January, following the election. Section 5.02. Notice of Candidacy. Any person desiring to become a candidate in any regular election shall file written notice of his or her candidacy with the city clerk not less than fifteen (15) nor more than forty-five (45) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his or her candidacy with the city clerk not less than ten (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Municipal elections shall be conducted on a nonpartisan basis, and no political party shall conduct primaries for the purpose of nominating candidates in municipal elections. Section 5.03. Qualification of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Morven for at least ninety (90) days next preceeding the election in which he desires to vote or for such period as may otherwise be provided by the Georgia Municipal Election Code shall be qualified to register as an elector in any city election held under this charter. Section 5.04. Applicability of General Laws. Except as otherwise provided by this charter, the election of all officials of the City of Morven 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, Code Title 34A of the Code of Georgia of 1933, as it now exists or may hereafter be amended. Whenever any time period established by the election code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the State.

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Section 5.05. Time of Election. The polls shall be opened from 7 o'clock a.m. to 7 o'clock p.m. local time. Section 5.06. Place of Elections. The polling place for holding elections shall be prescribed by the mayor and council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by Section 34A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.07. Voter Registration. In all elections held in the City of Morven, whether special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered to vote with the county seat. ARTICLE VI MAYOR'S COURT Section 6.01. Mayor's Court. There is hereby established a court to be known as the Mayor's Court, City of Morven, which shall have jurisdiction and authority to try offenses against ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by 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 to persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Morven 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 ensure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. Section 6.02. Jurisdiction. The mayor shall have power to impose fines, costs, and forfeitures for the violation of any ordinance of the City of Morven passed in accordance with this charter, to an amount not to exceed two hundred dollars ($200.00), to imprison

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offenders for a period of not more than sixty (60) days, or at labor on the streets or other public works of said city for not more than sixty (60) days; and the said mayor 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 mayor shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00), or imprisonment not exceeding twenty (20) days, or any combination of the two. The mayor's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayor's, recorder's and police courts, and particularly such laws as authorize the abatement of nuisances. Section 6.03. Right of Appeal. The right of appeal from any decision or order of the mayor's court shall lie first to the mayor and council at its next regular meeting; provided, however, that if the next regular meeting is within ten (10) days of the date of such decision or order, then the defendant may choose to take his appeal to the second regular meeting of the council after such decision or order. ARTICLE VII SEVERABILITY Section 7.01. Severability. In the event any Section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clause, or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE VIII REPEALERS Section 8.01. Specific Repealer. An Act incorporating the Town of Morven, approved November 28, 1900 (Ga. Laws 1900, p. 365), as amended, is hereby repealed in its entirety.

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Section 8.02. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. City of Morven. There will be legislation introduced in the 1979 session of the General Assembly of Georgia pertaining to the changes of the Charter of the City of Morven. Such changes have been approved by the Morven City Council. /s/ Henry L. Reaves Representative, 147th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves who, on oath, deposes and says that he/she is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: December 13, 20 and 27, 1978. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 18th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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WEBSTER COUNTYCOMMISSIONER'S COMPENSATION. No. 210 (House Bill No. 486). AN ACT To amend an Act creating the office of Commissioner of Webster County, approved August 27, 1931 (Ga. Laws 1931, p. 597), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2653), so as to change the provisions relative to the compensation of the Commissioner of Webster 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 Commissioner of Webster County, approved August 27, 1931 (Ga. Laws 1931, p. 597), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2653), is hereby amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. The Commissioner of Webster County shall be compensated in the amount of $9,300 per annum to be paid in equal monthly installments from the funds of Webster County. In addition to the compensation provided above, the Commissioner may receive from the funds of the County up to $44 per month for actual expenses incurred while on County business outside Webster 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. Pursuant to the recommendation of the Webster County Grand Jury (July Session 1978), notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend the compensation of the County Commissioner of Webster County; and for other purposes. This 2nd day of January, 1979. /s/ Don Castleberry Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he/she is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Stewart-Webster Journal which is the official organ of Webster County, on the following dates: January 4, 11 and 18, 1979. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF COLUMBUSCORPORATE LIMITS. No. 212 (House Bill No. 489). AN ACT To amend the Charter of Columbus, Georgia so as to provide that for all purposes, the area of Muscogee County with the exception of Bibb City and the Fort Benning Reservation, shall be considered as annexed to the City of Columbus, which was consolidated with the County of Muscogee, expressly declaring by General Assembly action that all areas of Muscogee County, with the exception of Bibb City and the Fort Benning Reservation, are a part of the City of Columbus which was consolidated with the County of Muscogee. Be it enacted by the General Assembly of Georgia: Section 1. That Article I, Section 1-100 of the Charter of Columbus, Georgia, be and the same is hereby amended by adding after the second sentence thereof, which ends with the words shall also supersede and replace any public authorities and special service districts located and operating within Muscogee County, the following: All areas of Muscogee County outside of Bibb City and the Fort Benning Reservation are hereby annexed as a part of the City of Columbus and shall become hereby a part of the City of Columbus which is hereby consolidated with Muscogee County, and the single government hereby created shall be considered for all purposes as being a consolidation of the governments of Columbus as defined hereby with the County of Muscogee, and the single government which supersede and replaces the governments of the City of Columbus and County of Muscogee shall be considered as a consolidation of the City of Columbus with boundaries to the Muscogee County line with the exception of Bibb City and the Fort Benning Reservation.

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It is the express intention of the General Assembly in enacting this provision to declare as a city and as a part of the City of Columbus all the area of Muscogee County with the exception of Bibb City and the Fort Benning Reservation. Section 2. This Act shall become effective on the first 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 Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1979, for the passage of a Bill amending the Charter of Columbus, Georgia so as to provide that for all purposes, the area of Muscogee County with the exception of Bibb City and the Fort Benning Reservation, shall be considered as annexed to the City of Columbus, which was consolidated with the County of Muscogee, expressly declaring by General Assembly action that all areas of Muscogee County, with the exception of Bibb City and the Fort Benning Reservation, are a part of the City of Columbus which was consolidated with the County of Muscogee. /s/ Lennie F. Davis City Attorney Columbus, Georgia

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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: December 19 and 26, 1978, January 2, 1979. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 22nd day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BIBB COUNTYCOMMISSIONER DISTRICTS. No. 213 (House Bill No. 491). AN ACT To amend an Act establishing the Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. Laws 1873, p. 219), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3752), so as to change the provisions relating to commissioner districts; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. Laws 1873, p. 219), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3752), is hereby amended by striking subsection (a) of Section 1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) There is hereby created the Board of Commissioners of Bibb County to be composed of five members to be elected as provided in this Section. For the purpose of electing members of the board of commissioners, Bibb County is hereby divided into four commissioner districts as follows: District 1 Bibb Tract 101 ED's 56 and 57, that portion South of Interstate 16 ED 62 Tracts 106, 107, 108 and 109 Tract 110 Blocks 107 through 111 Tracts 111, 112, 113 and 114 Tracts 115 ED's 128, 129 and 130 Tract 116 ED's 46, 47, 48, 49 and 50 Tract 117, except ED's 19 and 20 Tract 133

Page 3739

District 2 Bibb Tract 101 ED's 58, 60 and 61 Tract 102 ED 65 Tracts 103, 104 and 105 Tract 115 ED 127 Tract 116 ED's 14 and 15 Tract 123 ED's 97 and 98 Tract 125 Tract 126 ED's 145, 146 and 147 Tract 127 Tract 128 ED's 135 and 136 Tract 130 Blocks 101 through 124, 904 through 906 and 908 through 910 ED 181, that portion East of the Southern Railroad Line District 3 Bibb Tract 101 ED's 56 and 57, that portion North of Interstate 16 ED 59 Tract 102 ED's 63 and 64 Tract 110, except Blocks 107 through 111 Tract 117 ED's 19 and 20 Tracts 118, 119, 120, 121 and 122 Tracts 123, except ED's 97 and 98

Page 3740

Tracts 124 ED's 92, 93 and 172 Tract 134, except that portion South and West of Rocky Creek District 4 Bibb Tract 124 ED's 90 and 91 Tract 126 ED's 148, 149 and 150 Tract 128 ED's 137, 138 and 139 Tract 129 Tract 130 Blocks 125 through 128, 901, 902, 903 and 907 ED 181, that portion West of the Southern Railroad Line Tracts 131 and 132 Tract 134, that portion South and West of Rocky Creek Tracts 135 and 136. For the purposes of this Section, the designation `CCD' shall mean `Census County Division'; and the designation `ED' shall mean `Enumeration District.' The terms `Census County Division,' `Enumeration District,' `Tract' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3741

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be presented at the 1979 session of the General Assembly amending the law governing the election of County Commissioners for Bibb County, Georgia, the creation of election districts for said elections and for other purposes. This amendment is being presented for the Macon-Bibb County Board of Elections by William C. Randall, Georgia House of Representatives, District 101st. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall who, on oath, deposes and says that he/she is Representative from the 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following dates: December 15, 22 and 29, 1978. /s/ William C. Randall Representative, 101st District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3742

CORONER'S COMPENSATION IN CERTAIN COUNTIES (165,000-175,000). No. 214 (House Bill No. 504). AN ACT To amend an Act providing an annual salary for the coroners in all counties of this State having a population of not less than 165,000 or more than 175,000, according to the United States Decennial Census of 1970 or any future such census, approved March 29, 1971 (Ga. Laws 1971, p. 239), so as to change the salary of such coroners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing an annual salary for the coroners in all counties of this State having a population of not less than 165,000 or more than 175,000, according to the United States Decennial Census of 1970 or any future such census, approved March 29, 1971 (Ga. Laws 1971, p. 239), is hereby amended by striking from subsection (a) of Section 1 the following: $12,500.00, and inserting in lieu thereof the following: $20,000.00, so that when so amended, subsection (a) shall read as follows: (a) The coroners of all counties of this State having a population of not less than 165,000 or more than 175,000, according to the United States Decennial Census of 1970 or any future such census, shall receive an annual salary of $20,000.00 to be paid in equal monthly installments from the funds of such counties. Said salary shall be in lieu of all fees or other emoluments or compensation.

Page 3743

Section 2 . This Act shall become effective on the first 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 April 11, 1979. JEFFERSON COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 215 (House Bill No. 506). AN ACT To amend an Act placing the Clerk of the Superior Court of Jefferson County on a salary, approved April 17, 1975 (Ga. Laws 1975, p. 3612), so as to change certain provisions relating to compensation of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3744

Section 1. An Act placing the Clerk of the Superior Court of Jefferson County on a salary, approved April 17, 1975 (Ga. Laws 1975, p. 3612), is hereby amended by striking from Section 2 thereof the following: $12,200.00 and $15,000.00, and substituting in lieu thereof, respectively, the following: $14,000 and $18,000, so that when so amended Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Jefferson County shall receive an annual salary of not less than $14,000 nor more than $18,000, such amount to be determined within the discretion of the governing authority of Jefferson County and to be payable in equal monthly installments from county funds. The salary provided for in this Section shall be the total salary for all duties performed by the clerk as required by law. Section 2. This Act shall become effective July 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3745

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act approved April 17, 1975 (Ga. L. 1975, p. 3612) to revise the compensation of the Clerk of the Superior Court of Jefferson County, Georgia, and for other purposes. This 8th day of January, 1979. /s/ E. E. Bargeron Representative, 83rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 11, 18 and 25, 1979. /s/ E. E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3746

CITY OF LOUISVILLECOMPENSATION OF NAMED OFFICIALS. No. 216 (House Bill No. 507). AN ACT To amend an Act establishing a new charter for the City of Louisville, approved December 18, 1900 (Ga. Laws 1900, p. 305), as amended, particularly by an Act approved December 17, 1902 (Ga. Laws 1902, p. 488), an Act approved August 8, 1916 (Ga. Laws 1916, p. 775), an Act approved July 31, 1923 (Ga. Laws 1923, p. 698), an Act approved January 15, 1950 (Ga. Laws 1950, p. 2805), and an Act approved March 31, 1967 (Ga. Laws 1967, p. 2324), so as to change certain provisions relating to compensation of the mayor, council, and recorder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Louisville, approved December 18, 1900 (Ga. Laws 1900, p. 305), as amended, particularly by an Act approved December 17, 1902 (Ga. Laws 1902, p. 488), an Act approved August 8, 1916 (Ga. Laws 1916, p. 775), an Act approved July 31, 1923 (Ga. Laws 1923, p. 698), an Act approved January 15, 1950 (Ga. Laws 1950, p. 2805), and an Act approved March 31, 1967 (Ga. Laws 1967, p. 2324), is hereby amended by striking Section 15 thereof in its entirety and substituting in lieu thereof a new Section 15, to read as follows: Section 15. The mayor shall receive an annual salary of $1,200 and an annual expense allowance of $600. The members of the council, other than the mayor, shall each receive an annual salary of $600 and an annual expense allowance of $300. The

Page 3747

annual salaries and expense allowances shall be paid on a monthly basis out of city funds. Section 2. Said Act is further amended by striking Section 31 thereof in its entirety and substituting in lieu thereof a new Section 31, to read as follows: Section 31. The mayor and council may elect and employ a recorder with equal authority with the mayor to try all cases triable in the mayor's court or by the mayor. The compensation of the recorder shall be determined by the mayor and council and shall be paid on a monthly basis out of city funds. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend the charter of the City of Louisville to revise the compensation of the mayor, councilmen, and recorder. This 16th day of January, 1979. /s/ E. E. Bargeron Representative, 83rd District

Page 3748

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 18, 25 and February 1, 1979. /s/ E. E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3749

CITY OF ATLANTACORPORATE LIMITS. No. 217 (House Bill No. 517). AN ACT To amend an Act creating a new Charter for the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2188), as amended, so as to change the corporate limits of said City; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2188), as amended, is hereby amended by adding at the end of Section 1-105 the following: The corporate limits of the City of Atlanta shall not contain the following described tract of land: ALL THAT TRACT OR PARCEL of land lying and being in Land Lot 242 of the 15th District and Land Lot 2 of the 18th District, DeKalb County, Georgia, according to plat of survey prepared by Joseph C. King, R.L.S. #1418, dated June 21, 1978, and being more particularly described as follows: BEGINNING at an iron pin located at the point of intersection of the northeasterly right-of-way of Lullwater Parkway with the southeasterly right-of-way of Lullwater Road; running thence northeasterly along the southeasterly right-of-way of Lullwater Road thirty-nine and seven tenths (39.7) feet to an iron pin, which is also located at the southwest corner of property now or formerly owned

Page 3750

by Druid Hills County Club; running thence south 75 5[UNK] east along the southerly line of said Druid Hills Country Club Property two hundred eighty-six and two tenths (286.2) feet to an iron pin, which is also located on the westerly line of property now or formerly owned by Druid Hills Country Club; running thence south 9 59[UNK] west along the westerly line of said Druid Hills Country Club Property four hundred seventy-eight and five tenths (478.5) feet to an iron pin; running thence north 55 00[UNK] west three hundred sixty-four and nine tenths (364.9) feet to an iron pin located on the southeasterly right-of-way of Lullwater Parkway; running thence northeasterly, northerly and northwesterly along the southeasterly, easterly and northeasterly right-of-way of Lullwater Parkway, following the curvature thereof, three hundred fifty-five and three tenths (355.3) feet to the point of beginning; being improved property known as 925 Lullwater Parkway according to the present system of numbering houses in DeKalb County, Georgia. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Atlanta, the 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 1979 Session of the General Assembly of Georgia, which convenes on Monday, January 8, 1979; 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,

Page 3751

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 22nd day of December, 1978. /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, Peggy Childs who, on oath, deposes and says that he/she is Representative from the 51st 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 27, 1978, January 3, 1979 and January 10, 1979. /s/ Mrs. Peggy M. Childs Representative, 51st District

Page 3752

Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. BIBB COUNTYAD VALOREM PROPERTY TAX ADMINISTRATION. No. 218 (House Bill No. 519). AN ACT To amend an Act to provide for ad valorem property tax administration in Bibb County, approved March 13, 1978 (Ga. Laws 1978, p. 3738), so as to update references contained in the Act to law repealed and reenacted as a part of the new Georgia Public Revenue Code, Title 91-A; to provide 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 ad valorem property tax administration in Bibb County, approved March 13, 1978 (Ga. Laws 1978, p. 3738), is hereby amended by striking Section 1 thereof in

Page 3753

its entirety and substituting in lieu thereof a new Section 1, to read as follows: 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 Code Section 91A-1449, relating to review of assessments by county boards of equalization, as such Section may now or hereafter be amended. With respect to the application of Code Section 91A-1449 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, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session at the General Assembly of Georgia, a bill to amend an Act to provide for ad valorem property tax administration in Bibb County, approved March 13, 1978 (Ga. Laws 1978, p. 3738), so as to update references contained in the Act to law repealed and

Page 3754

reenacted as a part of the new Georgia Public Revenue Code, Title 91 A and for other purposes. This 3rd day of January, 1979. /s/ Honorable 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 Macon Telegraph and News which is the official organ of Bibb County, on the following dates: January 5, 12 and 19, 1979. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3755

BRYAN COUNTYCOMPENSATION OF SHERIFF, DEPUTIES, ETC. No. 219 (House Bill No. 522). AN ACT To amend an Act placing the Sheriff, Deputy Sheriff and Clerk of the Superior Court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. Laws 1959, p. 2616), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3871), so as to change the provisions relative to compensation of the sheriff and deputies; to change the provisions relating to the number 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, Deputy Sheriff and Clerk of the Superior Court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. Laws 1959, p. 2616), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3871), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff shall receive a salary of $11,700.00 per annum. Each deputy sheriff shall be compensated in such amount as shall be fixed by the governing authority of Bryan County. All salaries payable under this Act shall be paid in equal monthly installments from the funds of Bryan County. There shall be not more than six deputy sheriffs for Bryan County, unless the employment of additional deputies shall be approved by the governing authority of Bryan 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 3756

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 abolish the limitations on salaries of the Deputy Sheriffs and to permit the Board of Commissioners of Bryan County, Georgia to set the compensation of all Deputy Sheriffs. This 26th day of December, 1978. /s/ A. D. Clifton State Representative /s/ Ken McBurnett 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/she 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 11, 18 and 25, 1979. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3757

FORSYTH COUNTY AIRPORT AUTHORITY ACTREPEALED. No. 220 (House Bill No. 526). AN ACT To repeal an Act to create and establish the Forsyth County Airport Authority, approved March 13, 1978 (Ga. Laws 1978, p. 3490); 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 the Forsyth County Airport Authority, approved March 13, 1978 (Ga. Laws 1978, p. 3490), 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 1979 session of the General Assembly of Georgia, a bill to repeal an act to create and establish the Forsyth County Airport Authority, approved March 13, 1978 (Georgia Laws 1978, page 3490); and for other purposes. Honorable Jerry D. Jackson Representative, 9th District Honorable Joe T. Wood Representative, 9th District Honorable Bobby Lawson Representative, 9th District

Page 3758

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 Forsyth County News which is the official organ of Forsyth County, on the following dates: January 17, 24 and 31, 1979. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. EFFINGHAM COUNTYSMALL CLAIMS COURT. No. 221 (House Bill No. 527). AN ACT To create and establish a Small Claims Court in and for Effingham County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, removal, compensation, qualifications, substitutions, and tenure of office of the judge of said court; to provide

Page 3759

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 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 Effingham 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. (a) Any person appointed as a judge of the small claims court created by this Act must be a resident of Effingham County, be at least thirty-five years of age, have a high school diploma or its recognized equivalent and must be a person of outstanding character and integrity, with business or professional experience. (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 Effingham County.

Page 3760

Section 3. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the Senior Judge of the Superior Court of Effingham 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 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, date, and place of such service on the defendant.

Page 3761

(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 the 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 filing a claim, shall deposit with the court a sum equal to $1.50 or fifteen percent of the claim up to $100.00 and $15.00 for any claim from $101.00 to $2,000.00, 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 $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) All actions to recover personal property shall proceed in accordance with the practice and procedure then prevailing in the Effingham County Superior Court. Cost of filing an action for the recovery of personal property shall be the same as filing of a suit. (c) In all judgments or proceedings in favor of the plaintiff, the cost of court, cost of service, and cost in cases of attachment, garnishment,

Page 3762

or trover, and reasonable attorney fees shall be over and above the amount of the claim and reimbursed to the plaintiff. 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 the substantive law. All the 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

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rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby, but such cost shall not exceed ten percent of the judgment. Section 13 . The Senior Judge of the Superior Court of Effingham 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 dockets 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

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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 Effingham County

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Page 3766

Section 18 . Within thirty days after this Act becomes of full force and effect, the Senior Judge of the Superior Court of Effingham County, Georgia, shall appoint a duly qualified person to be Judge of the Small Claims Court of Effingham County, to serve from the date of such appointment to the thirty-first day of December, 1979, following such appointment. Thereafter, the Judge of the Small Claims Court of Effingham County shall be appointed by the Senior Judge of the Superior Court of Effingham County thirty days prior to the expiration of the term of the judge of said court to serve for a term of office of two years. Thereafter, successors to the Judge of the Small Claims Court shall be appointed, each two years in the same manner as hereinbefore set out, for a two-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 by the Senior Judge of the Superior Court of Effingham County, in the sole discretion of the appointing judge. Section 19 . All office space, courtroom facilities, docket books, file jackets, filing cabinets, equipment and furniture 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 or elsewhere 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

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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 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 $ 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 of the first $ 250.00 and five percent on all sums over that amount, with a minimum of $3.00. 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.

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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 we shall introduce a bill in the 1979 Session of the General Assembly to create a Small Claims Court of Effingham County, Georgia, and to establish the jurisdiction, procedure, fees, appointment or election of the judge, administration staff and all ancillary matters pertaining thereto. This 9th day of January, 1979. /s/ George Chance Representative, 129th District 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 11, 18 and 25, 1979. /s/ George Chance Representative, 129th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TOWN OF SASSERCORPORATE LIMITS. No. 222 (House Bill No. 528). AN ACT To amend an Act to provide a new charter for the Town of Sasser, approved March 22, 1974 (Ga. Laws 1974, p. 2895), so as to change the corporate limits of the town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide a new charter for the Town of Sasser, approved March 22, 1974 (Ga. Laws 1974, p. 2895), is hereby amended by striking in its entirety Section 1.03 thereof, which reads as follows: Section 1.03. Corporate Limits. The corporate limits of the Town of Sasser shall be as described in section II of an Act approved December 19, 1890 (Ga. Laws 1890-91, p. 649), and that Section of said Act is hereby continued in full force and effect for the purpose of describing the corporate limits of the Town of Sasser., and substituting in lieu thereof a new Section 1.03, to read as follows: Section 1.03. Corporate Limits. The corporate limits of the Town of Sasser are as follows: `extending for one-half mile in every direction from a point formed by the intersection of the center of the Seaboard Coastline Railway where the same is intersected by the centerline of Main Street, Sasser, Georgia.' 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 a bill introduced in the 1979 session of the General Assembly to change the corporate limits of the City of Sasser to provide for other matters relative to the City of Sasser and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he/she is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dawson News which is the official organ of Terrell County, on the following dates: January 11, 18 and 25, 1979. /s/ Bob Hanner Representative, 130th District Sworn to and subscribed before me, this 31st day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CITY OF ATHENSNEW CHARTER. No. 223 (House Bill No. 532). AN ACT To provide for a new charter for the City of Athens, Georgia; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the mayor and council; to

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provide for administration; 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 severability; 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. The City of Athens, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Athens (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. (a) 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, by 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 enumerated in this charter. (b) 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; and may have a common seal and alter it at will.

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(c) 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 1-103. Specific powers; certain powers enumerated. (a) The city may acquire, construct, and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, streets, sidewalks, parks, public grounds, cemeteries, 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 improvement. 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 inside or outside the corporate limits of the city. (b) In addition to the powers now or hereafter granted to municipalities by law, the city shall have the following powers: (1) Abandonment of streets. The Mayor and Council of the City of Athens is authorized and empowered to wholly or partially close and abandon any public street within the corporate limits of the City of Athens; provided, however, that the power and authority herein conferred shall not be exercised unless the Mayor and Council of the City of Athens shall have first given public notice of intent so to do by publishing a notice in the newspaper in which sheriff's advertisements are published in Clarke County, Georgia, once a week for four weeks immediately preceding the meeting at which such action is taken specifying the street or portion of a street proposed to be closed and abandoned and the time and place of the meeting of the Mayor and Council of the City of Athens at which such action is proposed to be taken; and provided, further, that all of the public right, title, and interest in any street wholly or partially closed and abandoned by the Mayor and Council of the City of Athens pursuant to this Act shall vest in the abutting property owners on each side thereof.

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(2) Assessing for cost of improvements. (A) The city shall be authorized to make special assessments with or without petition against benefited property within its corporate limits for: (i) constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets; (ii) constructing, reconstructing, paving, widening, and otherwise building or improving sidewalks in any public street; (iii) constructing, reconstructing, extending, and otherwise building or improving water systems; (iv) constructing, reconstructing, extending, and otherwise building or improving sanitary sewer lines; and (v) constructing, reconstructing, extending, and otherwise building or improving sewage disposal systems. (B) Assessments may be made on the basis of: (i) the frontage abutting on the project, at an equal rate per foot of frontage; or (ii) the area of land served, or subject to being served, by the project, at an equal rate per unit of area; or (iii) the value added to the land served by the project, or subject to being served by it, being the difference between the appraised value of the land without improvements as shown on the tax records of the county, and the appraised value of the land with improvements according to the appraisal standards and rules adopted by the county at its last revaluation, at an equal rate per dollar of value added; or

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(iv) the number of lots served, or subject to being served, where the project involves extension of an existing system to a residential or commercial subdivision, at an equal rate per lot; or (v) a combination of two or more of these bases. Whenever the basis selected for assessment is either area or value added, the mayor and council may provide for the laying out of benefit zones according to the distance of benefited property from the project being undertaken and may establish differing rates of assessment to apply uniformly throughout each benefit zone. For each project, the mayor and council shall endeavor to establish an assessment method from among the bases set out in this Section which will most accurately assess each lot or parcel of land according to the benefit conferred upon it by the project. The council's decision as to the method of assessment shall be final and conclusive and not subject to further review or challenge. (C) The procedures for execution of the power and authority granted herein shall be as prescribed by ordinance or resolution of the mayor and council. (3) Housing code. (A) The Mayor and Council of the City of Athens, acting through its building official, shall have full authority in enforcing housing codes to assess costs of demolition and removal of substandard buildings or structures or portions thereof after (i) the owner, agent, or person in control thereof shall fail, neglect, or refuse to comply with any notice by the building official to do such, and such notice stating that the same will be done at the expense of the owner upon his failure to comply therewith; (ii) a finding of financial hardship with respect to the owner by the building official and all other efforts to obtain compliance have been exhausted or are found to be impracticable. (B) The building official after ascertaining the costs shall charge the same to the owner of the premises involved and shall present his statement of such to the city marshal

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who shall collect the same in the same manner as city taxes, which costs shall have the same dignity as city taxes, including the right of the city clerk to issue an execution therefor where necessary for collection. The city council shall authorize the payment of said costs over a period of time with interest at the legal rate with right to accelerate said installments in the event of default in payment. The city marshal shall note on the tax digest that said costs have been assessed against the owner. Said powers shall be cumulative of all others possessed by said city. (4) Encroachment on streets. In all cases of encroachments upon streets, lanes, or alleys in said city, the mayor and council shall have power to remove the same upon reasonable notice, or permit and sanction the same for a fair and reasonable compensation in money, to be paid into the city treasury, said mayor and council having due regard to the interest of the property holders who may be affected thereby. (5) Criteria and standards for maintenance of vacant lots. The mayor and council may 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. (6) Eminent domain; water and sewer systems. As further cumulative and supplemental of its powers, the Mayor and Council of the City of Athens is authorized and empowered under any available procedures provided by Georgia law, including but not limited to condemnation before a special master (Ga. Laws 1957, pp. 387, 388, 389, et seq., as amended), to exercise the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system, sanitary sewerage system or solid waste disposal facility or area, both within and without the corporate limits of said municipality, and to acquire by gift, purchase, or the exercise of the power of eminent domain under any available procedure now or hereafter provided by Georgia law, including but not limited to condemnation before a special master (Ga. Laws 1957, pp. 387,

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388, 389, et seq., as amended), any lands in fee simple, easements, rights in lands, or water rights in connection therewith or as may be necessary therefor, located either within or without the corporate limits of the Mayor and Council of the City of Athens. (7) Water system. (A) The Mayor and Council of the City of Athens is hereby authorized and empowered to extend, enlarge, or otherwise improve the existing water supply and waterworks system of the City of Athens as the occasion arises in any manner or to any extent that is or may be needful, either by a development of the present system or the creation of a new system, and to that end the said Mayor and Council of the City of Athens shall have the power and authority to purchase, hold, receive, enjoy, acquire, and possess any estate or estates, real or personal, lands, tenements, or hereditaments of whatever kind or nature whatsoever, and also all rights, privileges, easements, and profits necessary or appropriate or useful for the purpose of obtaining a sufficient and complete water supply for the City of Athens and shall have the power to hold and acquire and use all such rights and property and estates, either within or without the limits of the City of Athens, including ownership and dominion in whole or in part over the watershed from which the supply comes, so as to prevent any hurtful use of said watershed and to preserve and protect the purity of its waters. (B) The Mayor and Council of the City of Athens is further empowered and authorized to cause such suitable examinations and surveys to be made for any proposed extension of its waterworks system as shall be necessary or proper for the selection of the most advantageous location or locations, site or sites, watershed or watersheds, right or rights, and way or ways, for locating all their works and appliances for bringing the water and distributing it throughout the City of Athens, and for such purpose the said Mayor and Council of the City of Athens, by its officers, agents, servants or employees shall have the right to enter upon the lands or ways of any person, and the said Mayor and Council of the City of Athens, by its agents aforesaid, may construct its works or lay its pipes, upon

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acquiring the property or right so to do, as the case may be, with the necessary way or ways, dams, canals, raceways, reservoirs, excavations or embankments, and maintain the same, and do any other acts and things necessary or appropriate for the construction and maintenance of said works, either within or without the corporate limits of said City of Athens. (C) The said Mayor and Council of the City of Athens is further authorized and empowered to lease, buy, or receive by grant or gift any property, real or personal, either within or without the city limits, for the purpose of extending or enlarging its waterworks system, and to sell, lease, or dispose of any part thereof not found necessary for the said purpose. If the said Mayor and Council of the City of Athens can not, by contract, procure the lands, easements, rights of way, waterways, franchises, or other interests or property useful, needful, and necessary for the said public purpose, the said Mayor and Council of the City of Athens is hereby authorized to take or damage said property upon paying or tendering to the owner thereof just and adequate compensation for the land or other interest or property to be taken or used, and the power of eminent domain hereby granted shall be exercised in conformity with the general laws of the State of Georgia controlling and regulating the condemnation of private property for public purposes. (D) The said Mayor and Council of the City of Athens is further authorized and empowered to use and employ for the purpose of its said waterworks system any street or streets or ways or watercourses or any part of such waters which by the said Mayor and Council of the City of Athens shall be deemed necessary and appropriate, to use such waters by employing the same for power to run or move the necessary machinery or for pumping the said waters through the mains and distributing it throughout the City of Athens, either or both as the case may be, making compensation therefor as by law required, and the said Mayor and Council of the City of Athens shall have the power to lay its mains, conduits, and pipes along any street or highway or otherwise whenever necessary, and to cross, occupy, or

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appropriate with its works such highways or streets or any part thereof. (E) In order to preserve and protect the water supply of the City of Athens and to prevent its contamination and pollution, the Mayor and Council of the City of Athens is hereby given and granted complete and full jurisdiction for police and sanitary purposes over that portion of the present watershed of such waters beyond the present corporate limits of the City of Athens, beginning at the present corporate limits of the City of Athens at the point at which the Danielsville Road intersects them, extending thence along the Danielsville Road in a northerly direction to the threemile post on said road, extending thence in a westerly direction to the three-mile post on Commerce Road, extending thence in a southwesterly direction to a point at which the tracks of the Southern Railway Company cross the Oconee River, extending thence to the three-mile post on the Jefferson Road, extending thence along the Jefferson Road to a point at which the said road intersects the present corporate limits of the City of Athens. (F) The Mayor and Council of the City of Athens and the Board of Health of Clarke County shall have full power and authority to pass such ordinances in relation to and over the said territory and over all property which may be acquired by the Mayor and Council of the City of Athens beyond its present corporate limits, for the purpose of enlarging its waterworks systems as aforesaid, as they may deem proper and necessary to protect the water supply of the City of Athens, to prevent the pollution and contamination of the waters of said watershed, and to secure the sanitary quality of such waters, and to punish the violations of such ordinances by fine or imprisonment as in the case of violation of other ordinances of the City of Athens. (G) The Mayor and Council of the City of Athens is further authorized and empowered to regulate and prohibit the discharge of sewage and other waste, deleterious to the public health, into the waters of the said territory, to regulate and prohibit any business in said territory, the conduct of which will endanger the public health, and to abate or

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cause to be abated or removed anything which will cause impurity or unhealthfulness of such waters. (8) Parking facilities. As further cumulative of its powers, the Mayor and Council of the City of Athens is authorized and empowered to acquire, own, lease (as lessor or lessee), regulate, and operate parking areas, parking buildings and structures, and off-street parking facilities and to make a reasonable charge for the use of the facilities so provided sufficient in amount to defray the cost of providing the same; provided, no products used in or for the servicing of motor vehicles shall be sold or dispensed within or on such parking facilities. For said off-street parking facilities, to acquire an estate in land of fee simple, estate for years, or to lease lands for periods up to sixty years with right of renewal subject to the stipulation and limitation that no permanent improvements in the nature of structures or buildings shall be erected or constructed on any leased land or on which an estate for years is held whose useful life would last longer than the term of said lease or estate for years. It shall be the duty of the city council before authorizing any permanent improvements as aforesaid on leased lands or on which it holds an estate for years to obtain a written engineering statement of the useful life of the facility which shall be recorded in the minutes of council. Said governing body may lease, sublease, or convey for a consideration any land or interest held therein or off-street parking facility to responsible private interests to operate and may impose such conditions to insure financial responsibility of such private interests as it shall deem prudent to protect the public interest. Said body may expend public funds in the acquisition of land or any interest therein for off-street parking, and for the erection of any improvements thereon, and may generally contract with reference thereto so as to effectuate such purposes. (9) Fire fighting outside corporate limits. The Mayor and Council of the City of Athens is hereby empowered but not required to employ its fire-fighting equipment and personnel in fighting fire anywhere within the limits of this State; and any equipment and personnel so employed outside the corporate limits of the Mayor and Council of the City of Athens and within the limits of this State shall be engaged in the performance of a governmental function of the Council of the City of Athens.

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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. The corporate boundaries of the city shall be the same as those of the City of Athens as provided by law and existing on the effective date of this charter, or as hereafter lawfully changed. The clerk of council shall maintain a current map and written legal description indicating the boundaries of the city. Photographic, typed, or other copies of the map or description certified by the clerk of council shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. The present corporate boundaries are as follows: CORPORATE BOUNDARIES Beginning at a point in the center of the Newton Bridge Road where said Road is intersected by the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel; running from said beginning point southeasterly along the center of the Newton Bridge to the center of its intersection with the North By Pass; running thence in an easterly direction along the center of the North By Pass to a point where the same is intersected by the arc of a circle having a radius of one one-half miles and with its center at the center of the University of Georgia Chapel; running thence in a southeasterly, southerly and southwesterly direction along the arc of a circle having a radius of one and one-half miles and with its center at the center of the University of Georgia Chapel to a point where the arc of said circle intersects with the center of the track of the Central of Georgia Railroad; running thence in a southerly direction along the center of the track of the Central of Georgia Railroad to a point on the center of the track of said Railroad which is 200 feet south of the intersection of the center of the track of said Railroad and the center of the Will Hunter Road projected eastwardly; running thence in a northwesterly direction 200 feet southwesterly of and parallel of the center of the Will Hunter Road to a point 200 feet southeasterly of the center of U. S. Highway 441; running thence southwesterly 200 feet southeasterly of and parallel to the center of U. S. Highway 441 to the center of the Middle Oconee River; running thence in a northwesterly

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direction along the meanderings of the center of the Middle Oconee River to a point 2,500 feet (measured along the meanderings of the center of said River) northwesterly from the center of Mitchell Bridge; running thence in a northerly direction in a straight line to a point on the Tallassee Road which is 400 feet westerly (measured along the Tallassee Road) from the center of the intersection of the Tallassee Road and the Whitehead Road; running thence in a northeasterly direction 400 feet northwesterly of and parallel to the center of the Whitehead Road to U. S. Highway 129; continuing thence in a northwesterly direction parallel to the center line of the Whitehead Road projected northeasterly across U. S. Highway 129 to the center of the Gainesville Midland Railroad Track; running thence southeasterly along the center of the Gainesville Midland Railroad Track to a point where the same is intersected by the property line projected southwesterly of the Athens Country Club, Inc. and Moss; running thence along the property line of Athens Country Club, Inc. and Moss north 67 degrees 20 minutes east 1870 feet to a point; running thence along the property line of Moss and the Athens Country Club, Inc. north 77 degrees 45 minutes east 1784 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Moss south 12 degrees 45 minutes east 81 feet to a point, said point being on the property line between the Athens Country Club, Inc. and Winston; running thence along the property line between the Athens Country Club, Inc. and Winston south 48 degrees 45 minutes west 838 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Winston south 24 degrees 45 minutes east 1525 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Winston North 67 degrees 45 minutes east 480 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Winston south 37 degrees 20 minutes east 80 feet to a point where the same is intersected by the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel; running thence in a northeasterly direction along the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel to the beginning point where the arc of said circle intersects the center of the Newton Bridge Road. The authority and jurisdiction of the mayor and council of the City of Athens shall be applicable to all of the area included within the corporate limits above described.

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ARTICLE II The Mayor and Council CHAPTER 1 General Provisions Section 2.101. Creation; number; term of office. There shall be a mayor and council composed of the mayor and ten council members elected as provided in Article III of this charter for two-year terms of office and until their successors are elected and qualified. Section 2.102. Qualifications of office. (a) To be eligible for election or appointment as mayor, a person, at the time of election or appointment, must: (1) have attained the age of twenty-five years; (2) have resided in the city for two years immediately preceding the date of election or appointment and must continue in such residence during the term of office; (3) be a qualified elector of the city; and (4) meet any other requirements as may be established by general State law. (b) To be eligible for election or appointment as a council member, a person, at the time of election or appointment, must: (1) have attained the age of twenty-one years; (2) have resided in the city for two years immediately preceding the date of election or appointment and must continue in such residence during the term of office; (3) 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; (4) be a qualified elector of the city; and

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(5) meet any other requirements as may be established by general State law. Section 2-103. Ineligibility of elected officials. No municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall be eligible to hold any other elective public office. A municipal elective officer of the Mayor and Council of the City of Athens shall be eligible to enter as a candidate any political party primary or general election as a candidate to succeed himself as an incumbent of the municipal elective office held or a public elective office created by charter for any successor government of the Mayor and Council of the City of Athens. Such shall not affect his term of office. A municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election for any public elective office other than that to succeed himself as an incumbent or a public elective office created by charter for any successor government of the City of Athens, but in such event he shall be deemed to have resigned his municipal office held as of the end of the calendar year in which such occurs. If the term of his municipal elective office would have run beyond the end of the calendar year, an election shall be called to fill the balance of the unexpired term of said office. No person shall be eligible to hold a municipal elective office of the Mayor and Council of the City of Athens while holding another public elective office nor shall any person while holding a public elective office, except as permitted herein, be eligible to enter any political party primary or general election as a candidate for municipal elective office of the City of Athens. Public or municipal elective office or officer shall mean such as elected by the people. A breach of said provisions by a municipal elective officer shall create an immediate vacancy in any municipal elective office held by such person and, if breached by any other public elective officer, he shall be ineligible and disqualified to hold the municipal elective office for the term sought by him. Section 2-104. Compensation. The mayor and council members shall receive, as compensation for their services, an amount fixed by ordinance as authorized by general State law. In addition, the mayor and council members shall be paid expenses incurred in the performance of their official duties according to policy established by ordinance.

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CHAPTER 2 Powers of the Mayor and Council Section 2-201. Legislative powers. Except as is otherwise provided by this charter, all powers of the city shall be vested in the mayor and council, and the mayor and council shall be the legislative body of the city. 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 State law. Section 2-203. Independent audits. The mayor and council shall provide for an independent annual audit of all city accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. Section 2-204. 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 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 Clarke County. Any person who fails or refuses to obey a subpoena 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 for contempt of magistrate's court. Appeal to the Superior Court of Clarke County from a council contempt conviction is allowed as for any conviction in the magistrate's court. CHAPTER 3 Mayor and Mayor Pro Tem Section 2-301. Mayor; powers and duties. (a) The mayor, as the chief legislative officer of the city, shall:

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(1) preside at all meetings of the mayor and council; (2) vote only in case of a tie vote of council members; (3) appoint or abolish all special council committees and appoint members thereof; (4) convene special meetings of the mayor and council as provided in this charter; (5) veto ordinances as provided in Section 2-405; and (6) 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 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 of the city are enforced; (2) to appoint and, when he deems it necessary for the good of the service, suspend and remove all city employees, appointed administrative officers, and department heads subject to his supervision except as otherwise provided by law or this charter. The mayor may authorize any administrative officer or department head who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (3) to direct and supervise the administration of all departments of the city; (4) to prepare and submit to the council the annual operating and capital budget of the city;

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(5) to approve or veto proposed ordinances or resolutions as provided by this charter; (6) to negotiate and execute all lawful city contracts pursuant to action by the council; (7) to keep 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 council a summary of the city's financial condition; (8) to recommend to the council the adoption of such measures as deemed necessary or expedient; (9) to conduct studies and make investigations and reports to the council concerning the operations of departments, offices, and agencies of the city and require any department, board, commission, or agency under his jurisdiction to submit written reports and information; (10) to prescribe, require, publish, and implement standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city subject to his supervision and jurisdiction. (c) 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. Section 2-302. Mayor pro tem; election; term; duties. 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 during the mayor's absence or disability but otherwise shall have all the same powers and duties as other council members. 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 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.

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In the event both the mayor and mayor pro tem are unable for any cause to fulfill the duties of their office, the council members other than the mayor, by majority vote, shall elect a successor mayor pro tem to serve during the absence or disability of the mayor. CHAPTER 4 Organization and Procedure Section 2-401. Organizational meeting. (a) The mayor and council members shall meet for organization and swearing-in ceremonies by not later than the first Tuesday 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 an officer authorized 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 and enforcing such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Athens 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; quorum; voting; 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. (b) A quorum for all mayor and council meetings shall consist of the mayor or mayor pro tem and any six council members and no

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business shall be transacted by the mayor and council in the absence of a quorum except to adjourn from time to time. (c) No council member shall be excused from voting except upon matters involving the consideration of his own financial interest or official conduct, or a conflict of interest to be ruled upon by the presiding officer. In all other cases, a failure to vote by a member who is physically present in the council chamber or who has withdrawn without being excused by a majority vote by the remaining members present shall be recorded as an affirmative vote. An affirmative vote equal to a majority of all members of the council present and not excused from voting on the question or issue (including the mayor's vote in case of an equal division) shall be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the city. The question of the compensation and allowances of members of the council is not a matter involving a member's own financial interest of official conduct. (d) A journal of minutes shall be maintained, and every official action of the mayor and council shall be recorded therein. The journal shall be a public record. Any council member may 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 one regular meeting 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 twenty-four 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

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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. (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 twenty-four hours prior to the meetings. Section 2-404. Introduction, consideration and enactment of legislation . (a) Every official act of the mayor and council which is to become law shall be by ordinance and shall begin with the words: The Mayor and Council of the City of Athens, Georgia, hereby ordains..... All other acts of the mayor and council shall be by resolution or shall take such other form as prescribed by rules of the mayor and council. (b) The manner and procedure for introduction of ordinances shall be determined by rules of the mayor and council. (c) Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively. Nothing herein shall be construed to prevent the mayor and council from authorizing in and by the same ordinance the making of any one public improvement and the issuance of bonds therefor. Section 2-405. Submission to mayor; mayor's veto . (a) Every ordinance or resolution adopted by the mayor and council shall be presented by the clerk of council to the mayor as promptly as possible following its adoption. (b) Within five days after adoption of the ordinance or resolution, the mayor shall approve or veto the ordinance or resolution. If the ordinance is approved by the mayor, it shall become law upon the date of the mayor's approval. If the mayor shall veto the ordinance, it shall be returned to the council. If the council shall pass the ordinance or resolution by seven of its members, excluding the mayor, at the next meeting held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without

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the mayor's approval. If the mayor does not approve or veto an ordinance or resolution within five days after its adoption, it shall become law without the mayor's approval. The mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the council over the mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution. Section 2-406. 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 clerk of council pursuant to Section 2-407. (d) Copies of any adopted code of technical regulations shall be made available by the clerk of council for distribution or for purchase by the public at a reasonable price. Section 2-407. Authenticating ordinances; recording; codification; printing. (a) The clerk of council 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 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 Athens, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies

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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 adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price. At least annually, all new ordinances, amendments of existing ordinances, and amendments to the city charter shall be published as update supplements to the city's code of ordinances. ARTICLE III Election and Removal CHAPTER 1 Conduct of Elections Section 3-101. Applicability 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. The annual municipal election for members of the mayor and council whose terms expire shall be held on the Tuesday next following the first Monday in November of each year. Section 3-103. Election wards; boundaries; manner of election; voting. The city shall be divided into five wards, designated as ward numbers 1, 2, 3, 4, and 5, respectively. The entire electorate of the city shall be entitled to vote in the election for the mayor. The entire electorate of each ward shall be entitled to vote for the election of the council member who resides in and is elected solely from that ward. Two council members shall be elected from each ward on a staggered term basis so that the election of one council member in each ward shall occur in the year following the election of the other council member in each ward. A majority of the votes cast by electors shall be required for election to the office of mayor or council member. The boundaries of the wards shall be as follows:

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WARD BOUNDARIES FIRST WARD. Beginning at a point where the center line of U. S. Highway 441 intersects with the corporate limits described in section 1 of this Act and running thence in a southerly direction along the center line of U. S. Highway 441 to point where the same is intersected by the centerline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; running thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same intersects the centerline of North Avenue-Madison Street; running thence in a southwesterly direction along the centerline of Madison Street to a point where the same is intersected by the centerline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is intersected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southwesterly direction along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Woodrow Street; running thence in a southeastly direction along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Northview Drive; running thence in an easterly direction along the centerline of Northview Drive; running thence in an easterly direction along the centerline of Northview Drive to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a northerly direction along the centerline of Pinecrest Drive to a point where the same is intersected by the same is intersected by the centerline of east Rutherford Street; running thence in an easterly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southerly direction, then easterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of Carlton Street; running thence in an easterly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a southerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Burnett Street; running thence in a westerly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline

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of Scott Street; running thence in a southerly direction along the centerline of Scott Street to a point where the same is thence in an easterly direction along the centerline of Morton Avenue to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a southerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Southview Drive-College Station Road; running thence in an easterly direction along the centerline of College Station Road to the point of its intersection with the center of the Central of Georgia Railroad Track; running thence in a southerly direction along the center of the Central of Georgia Railroad Track to its intersection with corporate limits of the City of Athens as described in section 1 of this Act; and running thence in a northeasterly, northerly and northwesterly direction along the corporate limits described in section 1 of this Act to the point of beginning at the intersection thereof with the centerline of U. S. Highway 441. SECOND WARD. Beginning at the intersection of the centerlines of Lumpkin Street and Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in a southerly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of Finley Street; running thence in a northerly direction along the centerline of Finley Street to a point where the same is intersected by an easterly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill

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Road; running thence in a southwesterly direction along the centerline of Bobbin Mill road to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a westerly direction along Milledge Circle to a point where the same is intersected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens as described in section 1 of this Act at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a southeasterly direction and then in a northerly direction along the corporate limits of the City of Athens described in section 1 of this Act to a point where the same diverge from the centerline of the track of the Central of Georgia Railroad; running thence in a northerly direction along the centerline of the track of the Central of Georgia Railroad to a point where the same is intersected by the centerline of College Station Road; running thence in a westerly direction along the centerline of College Station Road to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a northerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Morton Avenue; running thence in a westerly direction along the centerline of Morton Avenue to a point where the same is intersected by the centerline of Scott Street; running thence in a northerly direction along the centerline of Scott Street to a point where the same is intersected by the centerline of Burnett Street; running thence in an easterly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a northerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Carlton Street; running thence in a westerly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southwesterly direction, then northwesterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of East Rutherford Street; running thence in a southeasterly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a southerly direction along Pinecrest Drive to a point where the same is intersected by the centerline of Northview Drive, running thence in a

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westerly direction along the centerline of Northview Drive to a point where the same is intersected by the centerline of Woodrow Street; running thence in a northwesterly direction along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a northeasterly direction along the centerline of Lumpkin Street to the beginning point thereof at the intersection of the centerline of Wray Street. THIRD WARD. Beginning at a point where the centerlines of Hancock Avenue and Finley Street intersects; running thence in a southerly direction along the centerline of Finley Street to a point where the same is intersected by an easterly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill Road; running thence in a southwesterly direction along the centerline of Bobbin Mill Road to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a westerly direction along the centerline of Milledge Circle to a point where the same is intersected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens as described in section 1 of this Act at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a northwesterly direction along the corporate limits of the City of Athens described in section 1 of this Act to a point where the same is intersected by the centerline of U. S. Highway 78; running thence in an easterly direction along the centerline of U. S. Highway 78 to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a northeasterly direction, then easterly direction along the centerline

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of Hancock Avenue to a point where the same is intersected by the centerline of Harris Street; running thence in a southerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Reese Street; running thence in an easterly direction along the centerline of Reese Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in an easterly direction along the centerline of Hancock Avenue to the beginning point thereof at the intersection at the centerline of Finley Street. FOURTH WARD. Beginning at a point where the centerline of U. S. Highway 441 intersects with the corporate limits described in section 1 of this Act and running thence in a southerly direction along the centerline of U. S. Highway 441 to a point where the same is intersected by the centerline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; running thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same intersects the centerline of North Avenue-Madison Street; running thence in a southerwesterly direction along the centerline of Madison Street to a point where the same is intersected by the centerline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is intersected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southerly direction along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in a southerly direction along the centerline of Clovehurst Avenue to a point where the same is intersected by the centerline of Finley Street; running thence in a northerly direction along the centerline of Finley Street to a point where the same

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is intersected by the centerline of Hancock Avenue; running thence in a westerly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Prince Avenue; running thence in a northwesterly direction along the centerline of Prince Avenue - U. S. Highway 129 to a point where the same is intersected by the center of the Seaboard Coastline Railroad Track; running thence westerly along the center of the Seaboard Coastline Railroad Track to its intersection with the corporate limits of the City of Athens as described in section 1 of this Act; and running thence in a northeasterly, southeasterly and northeasterly direction along the corporate limits of the City of Athens as described in section 1 of this Act to the point of beginning at the intersection thereof with the centerline of U. S. Highway 441. FIFTH WARD. Beginning at a point of the intersection of the centerlines of Prince Avenue and Church Street; running thence in a southerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Reese Street; running thence in a westerly direction along the centerline of Reese Street to a point where the same is intersected by the centerline of Harris Street; running thence in a northerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a westerly direction, then southwesterly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of U. S. Highway 78; running thence in a westerly direction along the centerline of U. S. Highway 78 to its intersection of the corporate limits of the City of Athens as described in section 1 of this Act; running thence in a northwesterly and northerly direction along the corporate limits of the City of Athens as described in section 1 of this Act to its intersection with the center of Seaboard Coastline Railroad Track; running thence in an easterly direction along the center of the Seaboard coastline Railroad Track to a point where the same is intersected by the centerline of U. S. Highway 129; running thence in a southeasterly direction, then easterly direction along the centerline of U. S. Highway 129-Prince Avenue to the point of beginning at the intersection thereof with the centerline of Church Street.

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Each of said wards shall be entitled to two aldermen who shall be members of the City Council of the City of Athens; and the aldermen for the presently constituted wards in the presently existing corporate limits of the City of Athens shall represent the wards herein created for the remainder of their terms of office. Section 3-104. Reapportionment of ward boundaries. (a) The mayor and council shall by ordinance reapportion the ward boundaries not later than two years following publication of the official federal decennial census of population. Every reapportionment of wards shall apply to the election of council members to be elected at the next regular general municipal election next following its adoption. (b) The mayor and council shall by ordinance reapportion the ward boundaries to comply with the following specifications: (1) Each ward shall be formed of contiguous territory, and its boundary lines shall be the centerlines of streets or other well-defined boundaries. (2) Such wards shall be as nearly equal in population as is practicable. 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, or forfeits the office, as provided by this charter. Vacancies shall be filled as is provided by Section 3-202 of this charter. Section 3-202. Filling of vacancies. (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

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of a term of office, the vacancy or vacancies shall be filled by special election to be held within forty-five 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 office of council member should occur within 180 days 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 sixty days 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 3-203. 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 of, or upon the entering of a plea of guilty or 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 has been made. 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.

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ARTICLE IV Organization and Administration CHAPTER 1 General Provisions Section 4-101. 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 city 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 4-102. 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 and consistent with this charter. CHAPTER 2 City Officers Section 4-201. Clerk of council; appointment; duties; compensation. (a) The mayor and council shall appoint a clerk of council who shall not be a member thereof. The clerk of council shall be appointed for a term of one year commencing July 1 of each year and until his or her successor has taken office. (b) The clerk of council shall be the custodian of the official seal and of all records and documents of the city which are not assigned to the custody of some other officer. The clerk, or his delegate, shall keep the rules of the council and the minutes of the proceedings of the council, maintain a current and comprehensive index of all ordinances and resolutions, and perform such other duties as may be assigned by this charter or by ordinance. (c) The compensation of the clerk of council shall be fixed by the mayor and council.

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Section 4-202. City attorney; appointment; qualifications; duties; compensation. (a) The mayor and council shall appoint a city attorney for a term of one year commencing January 1 of each year and until his or her successor has taken office. (b) The city attorney shall be an active member of the State Bar of Georgia in good standing. (c) The city attorney shall be legal counsel to the city and shall perform any other duties as may be provided by ordinance. (d) The compensation of the city attorney shall be fixed by the mayor and council. Section 4-203. Executive assistant; appointment; duties. (a) The mayor shall appoint an officer whose title shall be Executive Assistant. The executive assistant shall serve at the pleasure of the mayor. His compensation shall be fixed by the mayor with the approval of council. (b) The executive assistant shall have the following powers and duties: (1) advise and assist the mayor in the performance of his duties; (2) coordinate, review, and advise the mayor regarding the activities of the various departments, bureaus, boards, commissions, authorities, and other agencies of the city and make or cause to be made investigations and studies of the organization and procedures thereof and to require such reports therefrom as he deems necessary; (3) provide liaison, coordination, and communications between and among city departments and agencies and the various agencies of the federal, State, and local governments and other public and private agencies concerning the affairs of the city; (4) conduct research and make information available to the mayor, council, and the various departments, offices, and agencies of the city;

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(5) attend meetings of the mayor and council and its committees and make available such information as may be requested; and (6) perform all other duties as may be lawfully delegated by the mayor. CHAPTER 3 Personnel and Pensions Section 4-301. Establishment of merit system. (a) The mayor and council shall establish by ordinance a merit system of personnel administration for the City of Athens. The system shall cover all employees of the city except: (1) elected officials; (2) department heads; (3) personnel of the chief executive's office, including the executive assistant; (4) persons temporarily employed in a professional or scientific capacity; (5) employees of any board, commission, or authority of the city; or (6) such other employees as may be excluded from coverage under the merit system as provided by ordinance. (b) The merit system of personnel administration may 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 workers' compensation leave, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of 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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Section 4-302. Personnel board; appointment; qualifications; duties. (a) There shall be a personnel board appointed by the mayor and council. The board shall consist of five members appointed for five-year staggered terms of office. No member shall be eligible to serve more than one term without one year intervening between such service, nor shall any member of the board be eligible to serve on any other board or commission of the city during his term of service. Each member of the board shall be a citizen of the United States, shall be a resident of the city for two years immediately preceding the date of taking office and continue to reside in the city during his term of office, and shall have attained the age of twenty-one years at the date of commencement of the member's term of office. Members of the board may be removed for cause as provided by ordinance. (b) The functions and duties of the personnel board shall be defined by ordinance of the mayor and council. Such functions and duties shall include: (1) holding hearings on proposed proposal rules, regulations, and standards of the merit system and make recommendations thereon to the mayor and council; (2) monitoring the administration of personnel policies of the city and serving as a review board for appeals from employees under procedures established by ordinance; (3) making recommendations to the mayor and council on amendments, changes, or additions to the rules and regulations of the merit system; and (4) performing such other duties as provided by ordinance. Section 4-303. Employee pension plan. The mayor and council shall establish by ordinance a City of Athens Employees' Pension Plan. The ordinance establishing the pension plan shall prescribe provisions for administration of the plan; eligibility for participation; retirement dates; pension benefits or amounts; early and late

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retirement; form of pensions; termination of employment; financing of the plan; refunding of contributions; and any other conditions, restrictions, or regulations relative to the plan deemed necessary by the mayor and council. CHAPTER 4 Boards and Commissions Section 4-401. Authority to create. The mayor and council may, by ordinance, unless otherwise provided by law, create boards and commissions 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 4-402. Composition; appointment; removal; bylaws. (a) The mayor and council may provide by ordinance, unless otherwise provided by law, for the manner of appointment, makeup, and composition of boards and commissions, 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 boards and commissions 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 clerk of council and approved by the mayor and council prior to their being effective.

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ARTICLE V Finance and Fiscal CHAPTER 1 Taxation and Other Revenue Section 5-101. Ad valorem tax; grant of authority. The mayor and council shall be authorized to 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 pay the ordinary current expenses of the city government, to pay principal and interest on general obligation bonded indebtedness, and to defray the cost of any other lawful public purpose as determined by the mayor and council. Section 5-102. Occupation and business taxes. The mayor and council shall have the authority to levy and collect any occupation and business taxes that are not prohibited by the Constitution and general law of Georgia. These taxes may be levied on any person, firm, partnership, company, or corporation which transacts business in the city or which practices or offers to practice any trade, business, calling, avocation, or profession within the corporate limits of the city. For such purpose, 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. The mayor and council shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or profession subject to a tax. Payment of these taxes may be compelled as provided in Section 5-109 of this Chapter. Section 5-103. Business licenses; permits; fees. The mayor and council, by ordinance, shall have the individual, person, firm, partnership, company, or corporation which transacts business in the city or which practices or offers to practice any trade, business, calling, avocation, or profession therein to obtain a license or permit for these activities from the city and to pay a reasonable fee for the license or permit for the regulation of any activity not prohibited by general law. These fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided

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in Section 5-109. 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. Section 5-104. Excise taxes; wholesale dealers. The mayor and council shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within the city. Section 5-105. Insurance premium taxes and licenses. The city shall have power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by an Act of the General Assembly of Georgia, approved February 20, 1964 (Ga. 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. Section 5-106. Special assessments. The mayor and council, by ordinance, shall have the authority 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 5-109. Section 5-107. Service charges. The mayor and council, by ordinance, shall have the authority 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 5-109. Section 5-108. Interpretation; other taxes. The mayor and council shall be empowered to levy any other tax now or hereafter authorized 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 the city to govern its local affairs.

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Section 5-109. Collection of delinquent taxes and fees. The mayor and council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenue due the city pursuant to authority granted by this charter or by the Constitution and general laws of Georgia or by any other authority not precluded by the Constitution and general laws of Georgia. This authority 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.; levy and sale of property; 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. 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 by this charter or by the Constitution and general laws of the State. This bonding authority shall be exercised in accordance with State laws governing bond issuances by municipalities in effect at the time the issue is undertaken. Section 5-202. Revenue bonds. Revenue bonds may be issued by the mayor and council as now or hereafter authorized by State law. Section 5-203. Short-term notes. The mayor and council may issue short-term notes as now or hereafter authorized by State law. Section 5-204. Improvement bonds. (a) In order to facilitate the financing of any municipal improvements authorized by law, the mayor and council shall have authority to issue bonds of the city in the aggregate amount of assessment for the improvement then unpaid, which bond or bonds and the interest thereon shall in no event become a liability of the city or of the mayor and council issuing them.

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(b) These bonds shall mature at a date and bear an interest rate as the council may determine by ordinance but in no event shall the rate of interest exceed that which the assessments are to bear. (c) These bonds shall be signed by the mayor and attested by the clerk of council, 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 mayor and council by ordinance shall direct. CHAPTER 3 Fiscal Control Section 5-301. Fiscal year; municipal budget preparation and submission. (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 and council shall prescribe by ordinance the procedure for the preparation and submission of an annual operating budget and of a capital improvements program and capital budget of the city. Section 5-302. Municipal appropriations; ordinance required. (a) The mayor and council shall annually appropriate by ordinance the

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funds necessary to operate all the various agencies and departments and to meet the ordinary current expenses of the city for the next fiscal year as provided in the municipal budget. (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 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. 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 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. (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. CHAPTER 4 Purchasing, Contracting, and Disposition of Property Section 5-401. Contracting procedures. The mayor and council shall prescribe by ordinance the procedures to be followed in the making of contracts which shall bind the city. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the city attorney. The mayor shall sign and authorize all contracts. The clerk of council shall authenticate all

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contracts. The original of all contracts shall be maintained on file in the office of the clerk of council. 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. Competitive bidding shall be required for purchases and contracts and awards shall be made to the lowest and/or best bidder; provided, the mayor and 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. ARTICLE VI General Provisions Section 6-101. Ordinances and regulations. Existing ordinances, resolutions, rules, and regulations of the city and its agencies now lawfully in effect not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified, or amended. Section 6-102. 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.

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Section 6-103. 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 to be permissive. (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 Athens, Georgia. (2) County. The words the county or this county shall mean the County of Clarke, 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) Governing body or governing authority. The words governing body or governing authority shall mean the Mayor and Council of the City of Athens, Georgia. (5) Number. Words used in the singular include the plural, and the plural includes the singular number. (6) Or, and. Or may be read and, and and may be read or if the sense requires it. (7) Other officials or officers, etc. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., mayor, city council, clerk of council, they shall be deemed to refer to officials of the City of Athens, Georgia. (8) Council or city council. The words council or city council shall mean or refer to council members of the governing authority, excluding the mayor.

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(9) 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. (10) State. The words the State or this State shall be construed to mean the State of Georgia. Section 6-104. Severability. If any provision 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 6-105. 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 6-106. Specific repealer. (a) All laws or portions of laws creating, reenacting, or amending any and all charters of the City of Athens are hereby repealed as follows: (1) Ga. Laws 1872, pp. 127-136; (2) Ga. Laws 1874, p. 176; (3) Ga. Laws 1876, p. 156; (4) Ga. Laws 1877, p. 140; (5) Ga. Laws 1881, p. 357; (6) Ga. Laws 1885, p. 603; (7) Ga. Laws 1887, p. 582; (8) Ga. Laws 1887, pp. 629, 843; (9) Ga. Laws 1888, p. 327; (10) Ga. Laws 1889, p. 869; (11) Ga. Laws 1889, p. 894; (12) Ga. Laws 1889, p. 923; (13) Ga. Laws 1891, p. 435; (14) Ga. Laws 1891, p. 442; (15) Ga. Laws 1893, p. 163; (16) Ga. Laws 1900, p. 209; (17) Ga. Laws 1901, p. 309; (18) Ga. Laws 1902, p. 329;

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(19) Ga. Laws 1907, pp. 406, 408; (20) Ga. Laws 1908, p. 371; (21) Ga. Laws 1908, p. 378; (22) Ga. Laws 1909, p. 530; (23) Ga. Laws 1911, p. 554; (24) Ga. Laws 1913, p. 495; (25) Ga. Laws 1913, p. 497; (26) Ga. Laws 1914, pp. 382, 384, 385; (27) Ga. Laws 1915, p. 476; (28) Ga. Laws 1916, p. 538; (29) Ga. Laws 1918, p. 528; (30) Ga. Laws 1920, p. 727; (31) Ga. Laws 1921, p. 659; (32) Ga. Laws 1925, p. 837; (33) Ga. Laws 1929, p. 809; (34) Ga. Laws 1935, p. 876; (35) Ga. Laws 1937, pp. 1492, 1496; (36) Ga. Laws 1938, p. 926; (37) Ga. Laws 1939, p. 821; (38) Ga. Laws 1941, p. 1049; (39) Ga. Laws 1943, p. 1162; (40) Ga. Laws 1943, p. 1164; (41) Ga. Laws 1943, p. 1165; (42) Ga. Laws 1946, p. 313; (43) Ga. Laws 1947, p. 123; (44) Ga. Laws 1947, pp. 190, 193, 197, 841; (45) Ga. Laws 1949, p. 1856; (46) Ga. Laws 1950, p. 2242; (47) Ga. Laws 1953, pp. 2010, 2192; (48) Ga. Laws 1953, pp. 2386, 2487, 2635, 3037; (49) Ga. Laws 1955, pp. 2765, 2837, 2999; (50) Ga. Laws 1956, pp. 2485, 2695, 2715; (51) Ga. Laws 1957, pp. 2033, 2036, 2534; (52) Ga. Laws 1959, p. 2220; (53) Ga. Laws 1959, pp. 2376, 2378; (54) Ga. Laws 1960, pp. 2232, 2234, 2551, 2768; (55) Ga. Laws 1961, pp. 3048, 3221; (56) Ga. Laws 1962, pp. 2672, 2674, 2677, 2751, 2849;

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(57) Ga. Laws 1963, pp. 2360, 2560; (58) Ga. Laws 1964, pp. 2012, 2135; (59) Ga. Laws 1965, pp. 2117, 2412, 2746; (60) Ga. Laws 1966, pp. 2860, 3425; (61) Ga. Laws 1968, p. 2830; (62) Ga. Laws 1971, pp. 2410, 2905, 3650; (63) Ga. Laws 1972, pp. 2062, 2075; (64) Ga. Laws 1973, pp. 2356, 2376, 2387; (65) Ga. Laws 1974, p. 2986; (66) Ga. Laws 1975, pp. 2779, 3319; (67) Ga. Laws 1976, p. 2640; (68) Ga. Laws 1977, pp. 2700, 3385; (69) Ga. Laws 1978, pp. 2482, 3482. (b) The Acts enumerated in subsection (a) hereof are repealed only for the purpose of incorporating them into the charter of the City of Athens adopted by this Act. The repeal of such Acts shall not be construed to interrupt the continuous corporate existence of the City of Athens. Section 6-107. General 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 the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the 1979 session thereof for the passage of a bill of local application revising and updating the Charter of the City of Athens so as to delete those provisions which are outdated and no longer used, and to change certain provisions to reflect the manner in which the government of the City of Athens actually operates; to reaffirm the present

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powers and qualifications of the Mayor and Council members; to require that a current map of the boundaries of the City of Athens be kept by the Clerk of Council; to reaffirm powers of eminent domain of the City; to recodify the organizational and procedural provisions of the Mayor and Council; to define a procedure for the filling of vacancies or removals from the City offices by forfeiture or otherwise; to authorize Mayor and Council to present a flexible administrative organization and structure for the City; to recreate the departments and agencies for the City so as to define their functions and to define the qualifications and duties of various City Officers; to provide that the Mayor and Council shall by proper ordinance continue the merit system of the City of Athens and the authority to modify by ordinance; to reaffirm the present employee pension plan; to enable the Mayor and Council to modify the provisions of the employee pension plan by ordinance; to establish ordinances and rules governing conflict of interest in City officials; to reaffirm the City's authority to collect ad valorem tax and to issue a general obligation and revenue bond; to authorize Mayor and Council to establish fiscal years and to prescribe by ordinance procedure for the preparation and submission for an annual operating and capital improvement budget; to grant Mayor and Council the authority to establish proper contracting procedures, purchasing procedures, and for the sale and disposition of property; to set forth standard provisions in the revised Charter that are transitional in nature; to continue in effect existing ordinances and regulations to protect existing contracts and obligations and to specify certain rules of construction with regard to terms used in the revision; to repeal certain out-moded and unused provisions of the Charter and conflicting provisions; and for all other relevant purposes. This the 3rd day of January, 1979. Mayor and Council of The City of Athens By: Denny C. Galis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Logan who, on oath, deposes

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and says that he/she is Representative from the 62nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Athens Observer which is the official organ of Clarke County, on the following dates: January 4, 11 and 18, 1979. /s/ Hugh Logan Representative, 62nd District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. MACON-BIBB COUNTY WATER SEWERAGE AUTHORITY ACTAMENDED. No. 224 (House Bill No. 533). AN ACT To amend an Act known as the Macon-Bibb County Water Sewerage Authority Act, approved March 2, 1966 (Ga. Laws 1966, p. 2737), as amended by an Act approved April 13, 1973

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(Ga. Laws 1973, p. 2603), and as amended by an Act approved February 8, 1974 (Ga. Laws 1974, p. 2031), so as to add to Section 4.5 of said Act a provision giving said Authority the right and power to purchase, install, construct, repair and replace fire hydrants, together with all needful and necessary accessories and adjuncts thereto, on public property, onto existing or new water lines or mains of the Authority and to defray and pay for any part or all of the cost thereof, utilizing any available funds of the Authority therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Macon-Bibb County Water Sewerage Authority Act, approved March 2, 1966 (Ga. Laws 1966, p. 2737), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2603), and as amended by an Act approved February 8, 1974 (Ga. Laws 1974, p. 2031), is hereby amended by adding a subsection (f) thereto, to read as follows: Section 4.5. Additional Powers- (f) Said Authority shall further have the right and power to purchase, install, construct, repair and replace fire hydrants, together with all needful and necessary accessories and adjuncts thereto, on public property, onto existing or new water lines or mains of the Authority, and to defray and pay for any part or all of the cost and expense thereof, labor, material and otherwise, utilizing any available funds of the Authority therefor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Enact Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph IX, of the Constitution of the State of Georgia of 1976 (codified as Section 2-1309 of the 1933 Code of Georgia Annotated) notice is hereby given that application will be made to the 1979 Session of the General Assembly of the State of Georgia for the passage of an Act of that body to amend an Act of the General Assembly of Georgia

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(Georgia Laws 1966, pages 2737 et seq) as amended by Acts of the General Assembly of Georgia (Georgia Laws 1973, page 2603 et seq; Georgia Laws 1974 pages 2031 et seq) and as amended by an Ordinance of the City of Macon, Georgia under the Georgia Municipal Home Rule Act of 1965, passed and enacted on May 7, 1974 (Published in Georgia Laws 1975, pages 4841, and appearing of record in the Clerk's Office, Superior Court, Bibb County, Georgia in minute book 237 pages 133 et seq) all pertaining to the charter of Macon-Bibb County Water and Sewerage Authority, and known as Macon-Bibb County Water and Sewerage Authority Act. The purpose of said amendatory act shall be: 1. To ratify and confirm the said Ordinance of the City of Macon of May 7, 1974 (published in Georgia Laws 1975 pages 4841 et seq) in its entirety and in all of its terms and provisions. 2. To add to Section 4.5 (entitled Additional Powers) of said charter of the Authority a new sub-section (f) to read as follows: Additional powers-(f). Said Authority shall further have the right and power to purchase, install, construct, repair and replace fire hydrants, together with all needful or necessary accessories and adjuncts thereto, on public property, onto existing or new water lines or mains of the Authority and to defray and pay for any part or all of the costs and expense thereof, labor, material and otherwise, utilizing any available funds of the Authority therefor. This 27th day of December, 1978. /s/ Wallace Miller, Jr. Attorney for Macon-Bibb County Water and Sewerage Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Pinkston who, on oath, deposes and says that he/she is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local

Page 3819

Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following dates: January 2, 9 and 16, 1979. /s/ Frank Pinkston Representative, 100th District Sworn to and subscribed before me, this 29th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. SEMINOLE COUNTYCORONER'S SALARY. No. 225 (House Bill No. 538). AN ACT To amend an Act placing the coroner of Seminole County on a salary, approved February 27, 1976 (Ga. Laws 1976, p. 2783), so as to change the salary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Seminole County on a salary, approved February 27, 1976 (Ga. Laws 1976, p. 2783), is hereby amended by striking from Section 2 thereof the following:

Page 3820

$35.00, and substituting in lieu thereof the following: $100.00, so that when so amended Section 2 shall read as follows: Section 2. The coroner shall receive a monthly salary of $100.00, payable 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 there will be introduced at the Regular Session of General Assembly of Georgia a bill to change the compensation of the Coroner of Seminole County, Georgia, and for other purposes. Seminole County Board of Commissioners /s/ Billy Woodham Vice-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, Ralph J. Balkcom who, on oath, deposes and says that he/she is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF FULTON COUNTYCOMPENSATION OF ASSISTANT SOLICITORS GENERAL. No. 226 (House Bill No. 546). AN ACT To amend an Act to create a State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), so as to provide for the compensation of the First Assistant Solicitor General and the assistant solicitors general of the court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create a State Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), is hereby amended by adding a new Section after Section 9 thereof, to be designated Section 9A, to read as follows: Section 9A. (a) The compensation of the First Assistant Solicitor General shall be determined by the governing authority of Fulton County upon the recommendation of the Solicitor General. Such compensation shall not be less than $29,000 per year. (b) The compensation of the assistant solicitors general shall be determined by the Solicitor General. Each assistant solicitor general shall receive an annual salary of not less than $14,000 and not more than $27,000. The compensation of an assistant solicitor general may be fixed above $27,000 by the governing authority of Fulton County upon the recommendation of the Solicitor General. (c) Compensation, as provided for in this Section, shall be paid in equal monthly installments from the funds of Fulton 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 1979 regular session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Fulton County approved March 24, 1976, Georgia Laws 1976, page 3023 and for other purposes. This the 12th day of January, 1979. /s/ Hinson McAuliffe Solicitor General State Court of Fulton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/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 Reporter which is the official organ of Fulton County, on the following dates: January 15, 22 and 29, 1979. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TOWN OF ALAPAHACHARTER AMENDED. No. 227 (House Bill No. 551). AN ACT To amend an Act to provide and establish a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. Laws 1921, p. 606), as amended, so as to provide for the term of office of mayor; to provide for the term of office of the councilmen; to provide that the town council shall be elected from posts; to provide for electors; to provide for filing; to provide for majority elections; to provide for run-off elections; to provide the date of elections; to provide the date for assuming office; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide and establish a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. Laws 1921, p. 606), as amended, is hereby amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The mayor shall be elected and hold office for a term of two years expiring on the first Tuesday in December of each even-numbered year and until his successor is appointed and qualified. The mayor shall run for election in the year the candidates for Post Number 1 and Post Number 2 seek election. (b) (1) Councilmen shall be elected and hold office for terms of two years with terms expiring on the first Tuesday in December of the appropriate year and until their respective successors are appointed and qualified. (2) The town council is hereby divided into five posts to be designated Post Number 1, Post Number 2, Post Number 3, Post

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Number 4, and Post Number 5. The councilmen to be elected in the municipal elections to be held in each even-numbered year shall be elected to Post Number 1 and Post Number 2. The councilmen to be elected in the municipal elections to be held in each odd-numbered year shall be elected to Post Number 3, Post Number 4, and Post Number 5. Any person seeking election as a councilman shall designate the town council post to which he seeks election and shall seek election only to the post so designated. (3) The provisions of subsection (b) of Section 4 of this Act shall not be construed as requiring the division of the territory of the town into councilmanic districts or as establishing councilmanic districts. Section 2. Said Act is further amended by striking Section 5 of said Act in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) Any person who is a resident of Alapaha and who is registered as an elector by the board of registrars of the county and the town clerk of Alapaha shall be eligible to vote in a town primary or election. (b) All candidates for mayor or councilman shall file with the town clerk, in a book kept for that purpose, at least fifteen days before the election day. All candidates shall pay any required qualification fee to the town clerk. No person shall be qualified and eligible to hold the office of mayor or councilman or have his name placed on the ballot of a town election who has not complied with the provisions of this subsection. (c) 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. There will be a run-off election if no candidate receives a majority of the votes cast. Any run-off election shall be held on the third Tuesday in November next

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following the regular election, and the run-off election shall be between the two candidates receiving the most votes in the election. (d) The mayor and councilmen elections shall be held on the first Tuesday in November of the year the term expires. Each mayor and councilman elected to service shall be sworn into office on the first Tuesday in December next following their election. 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. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend the Town of Alapaha Charter Provisions relative to the election of the

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Mayor and the Council and to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. This 18th day of December, 1978. Mayor and Council of Town of Alapaha, 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 21, 1978, December 28, 1978 and January 4, 1979. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 17th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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HART COUNTYSMALL CLAIMS COURT. No. 228 (House Bill No. 555). AN ACT To create and establish a Small Claims Court in and for Hart County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Hart County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.

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Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Hart County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Hart County or any judge of a State Court located in said county, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior

Page 3830

court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.

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Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $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 the upkeep and replacement of the facilities, equipment, and materials of the court as such are outlined in Section 19. 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.

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(c) If the plaintiff fails to appear the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. 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 Hart 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

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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 Hart County Hartwell, Georgia

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Section 18 . Within thirty (30) days after this Act becomes of full force and effect, the Grand Jury of Hart County, Georgia, then

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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 Hart 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. The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia Laws to the Small Claims Court, without cost to the court or the county. Section 21. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 22. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt

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shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 23. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Section 25. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. There will be introduced in the 1979 Georgia General Assembly legislation to create a Small Claims Court in Hart County. Hart County Board of Finance 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: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. STATE COURT OF CLAYTON COUNTYJUDGES, SALARIES, PROCEDURE, ETC. No. 229 (House Bill No. 557). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended,

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particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2708), and by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3581), so as to change the provisions relating to the compensating of the judge of said court; to provide for an additional judge of said court; to provide for the powers, duties, jurisdiction, privileges and immunities and compensation of said additional judge; to provide for the appointment of the initial additional judge and for the election of successors; to change the provisions relative to the compensation of the solicitor of said court; to change the provisions relative to trials by jury; to provide for 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 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), and by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3581), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Judges' Salaries. Each Judge of the State Court of Clayton County shall receive a salary of $31,800.00 per annum which shall be paid monthly by the Board of Commissioners of Clayton County. The Judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County. Section 2. Said Act is further amended by striking Section 3A in its entirety and substituting in lieu thereof two new Sections to be designated Sections 3A and 3B and to read as follows:

Page 3840

Section 3A. Additional Judge . (a) There shall be an additional Judge of the State Court of Clayton County appointed by the Governor to take office on July 1, 1979, for a term of office ending on December 31, 1980, and until his successor is elected and qualified as hereinafter provided. His successor shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, 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 a term of four years and until their successors are elected and qualified. (b) Said additional judge shall have and may exercise all powers, duties, jurisdictions and privileges and immunities of the present Judge of the State Court of Clayton County and, except as otherwise provided in Section 3B of this Act, the provisions of this Act applicable to said present judge, including the provisions setting forth the qualifications for holding office as judge, shall apply equally to such additional judge. Either of the judges of said Court may preside over any cause and perform any official act as judge thereof. (c) Said additional judge shall receive the same compensation as the other judge of the State Court of Clayton County as provided by Section 3 of this Act. Section 3B. Chief Judge; Business of Court . (a) The Judge of the State Court of Clayton County who has served the longest period of time in office as judge of said Court shall be the Chief Judge of the State Court of Clayton County. (b) The judges of said Court, in transacting the business of said Court and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each judge. Said judges shall have and are hereby clothed with full powers and discretion to determine, from time to time and term to term, the manner of calling the dockets and of fixing the calendars

Page 3841

and order of business in said Court. They may assign the hearing of trials by jury for a term to one of said judges and the hearing of all matters not requiring a trial by jury to the other judge, and they may rotate such order of business at the next term. Each of said judges may conduct trials by jury at the same time or either of them may hear business in chambers and motions at the same time within said Court. They may provide in all respects for holding Court so as to facilitate the hearing and determination of all business of said Court pending at any time and ready for trial or hearing. In all matters provided for herein, in the event of disagreement between said judges, the decision of the Chief Judge of said Court shall control. Section 3. Said Act is further amended by striking the words, symbols and figure twelve thousand five hundred dollars ($12,500.00), in Section 6 in their entirety and inserting in lieu thereof the words, symbols and figure thirteen thousand two hundred fifty dollars ($13,250.00), so that when so amended Section 6 shall read as follows: Section 6. Salary of Solicitor. The salary of the solicitor of said court shall be thirteen thousand two hundred fifty dollars ($13,250.00) per annum, and shall be paid monthly by the Board of Commissioners of Clayton County, Georgia, out of the general funds of Clayton County. The solicitor of said court shall, as such, receive no other compensation, and shall not practice criminal law in any court or courts in Clayton County, Georgia. Section 4. Said Act is further amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. Trials, Juries. (a) All cases, both civil and criminal, over which the court has jurisdiction, shall be tried by the judge without a jury unless one party to the case shall demand, in writing, a trial by jury as to civil cases at the time of filing the suit

Page 3842

or when defensive pleadings are filed, and, in criminal cases, at the time of pleading to the accusation. (b) The jury in criminal cases shall consist of six jurors to be stricken alternately by the State and the defendant, from a panel of twelve qualified, prospective jurors. The State shall be entitled to three peremptory strikes, and the defendant shall be entitled to three peremptory strikes. The State shall be entitled to the first such strike, and the defendant shall be entitled to the last such strike, and the six remaining jurors shall compose the jury for the trial of the case. (c) The jury in civil cases shall consist of six jurors to be stricken alternately by the plaintiff and the defendant, from a panel of twelve qualified, prospective jurors. The plaintiff shall be entitled to three peremptory strikes and the defendant shall be entitled to three peremptory strikes. The plaintiff shall be entitled to the first such strike and the defendant shall be entitled to the last such strike. The six remaining jurors shall compose the jury for the trial of the case. Section 5. Sections 1, 2 and 3 of this Act shall become effective on July 1, 1979. Section 4 of this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3843

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended; and for other purposes. This 19th day of December, 1978. /s/ Rudolph Johnson Representative, 72nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Daily which is the official organ of Clayton County, on the following dates: December 19, 1978, December 26, 1978 and January 2, 1979. /s/ Rudolph Johnson Representative, 72nd District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3844

McDUFFIE COUNTYSMALL CLAIMS COURT, JURISDICTION, ETC. No. 230 (House Bill No. 559). AN ACT To amend an Act creating the McDuffie County Small Claims Court, approved February 27, 1970 (Ga. Laws 1970, p. 2187), as amended, so as to change the jurisdiction of said court; to change certain of the costs prescribed for various proceedings in said court; to change the provisions relating to a portion of the cost of such proceedings being remitted to the Board of Commissioners of McDuffie County to defray the cost of the operation of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the McDuffie County Small Claims Court, approved February 27, 1970 (Ga. Laws 1970, p. 2187), as amended, is hereby amended by striking from Section 1 the following: $1,000.00, and inserting in lieu thereof the following: $1,500.00, so that when so amended, Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for McDuffie 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.

Page 3845

Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 8 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $12.50 on claims up to $200.00 and the sum of $15.00 on claims of $200.00 or more, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $15.00. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Section 3. Said Act is further amended by striking from Section 22 the following: $10.00, and substituting in lieu thereof the following: $15.00, so that when so amended, Section 22 shall read as follows: Section 22. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court bailiff, or by the judge of the small claims court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided, further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by the United States postal authorities marked `refused,' giving the date of refusal and be signed or initialed by a United States post office employee or United States mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the

Page 3846

attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. The costs for garnishment proceedings shall be $15.00. Section 4. Said Act is further amended by striking from Section 19A, wherever the same shall appear, the following: $10.00, so that when so amended, Section 19A shall read as follows: Section 19A. From the fee charged a plaintiff when he files a claim as provided in Section 8(a), $1.50 of each such fee charged shall be remitted to the Board of Commissioners of McDuffie County to defray the cost of equipment, supplies and other such necessities furnished by the county for the operation of said court. Such funds accumulated as herein provided shall be remitted quarterly to the board of commissioners. 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 1979 session of the General Assembly of Georgia a bill to amend an Act creating the McDuffie County Small Claims Court, approved February 27, 1970, (Ga. Laws 1970, p. 2187), as amended, so as to change the maximum limit of civil jursidiction in cases ex contractu,

Page 3847

and certain of the costs and fees relative to said Court; and for other purposes. This 5th day of January, 1979. Warren D. Evans Representative, 84th District William S. Jackson Representative, 77th District Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans who, on oath, deposes and says that he/she is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 11. 18, 25, 1979. /s/ Warren D. Evans Representative, 84th District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3848

STATE COURT OF DECATUR COUNTYCOMPENSATION OF JUDGE AND SOLICITOR, ETC. No. 231 (House Bill No. 566). AN ACT To amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. Laws 1900, p. 104), as amended, so as to change the compensation provisions relating to the judge and solicitor of said court; to provide for assistance for the solicitor under certain conditions; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. Laws 1900, p. 104), as amended, 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. Effective July 1, 1979, the Judge of the State Court of Decatur County shall receive an annual salary of $9,600.00 to be paid in equal monthly installments from county funds. Effective July 1, 1980, said salary shall be increased to an amount of $12,000.00 per annum to be paid in equal monthly installments from county funds. The judge shall also be entitled to an expense allowance of $100.00 per month effective July 1, 1979. Section 2. Said Act is further amended by striking Section 8A in its entirety and inserting in lieu thereof a new Section 8A to read as follows:

Page 3849

Section 8A. Effective July 1, 1979, the Solicitor of the State Court of Decatur County shall receive a monthly salary of $666.66 to be paid from county funds. Effective January 1, 1980, said salary shall be increased to an amount of $10,000.00 per annum to be paid in equal monthly installments from county funds. The solicitor shall also be entitled to an expense allowance of $100.00 per month effective July 1, 1979. Said compensation shall be in full for all services rendered by the solicitor, and he shall receive no other compensation for said services. With the approval of the judge of the State court, the solicitor shall be empowered to employ, at his own expense, an assistant to assist him in carrying out his duties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3850

Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intends to introduce a bill, or amendment to bill, in the 1979 session of the General Assembly to increase the salaries of the Judge and Solicitor of State Court of Decatur County, and for other purposes. This 9th day of January, 1979. /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 13, 20 and 27, 1979. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3851

COBB COUNTYBOARD OF EDUCATION, TERMS. No. 232 (House Bill No. 567). AN ACT To amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. Laws 1974, p. 3516), so as to provide for staggered terms of office for members of the Board of Education of Cobb County; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. Laws 1974, p. 3516), is hereby amended by striking the last sentence of subsection (c) of Section 2 in its entirety and inserting in lieu thereof the following sentences: At the general election of 1980, successors to the initial members of said Board of Education shall be elected for terms as follows: those members elected from Education Districts 1, 3, 5 and 7 shall be elected for terms of four years, beginning on January 1, 1981, and until their successors are elected and qualified, and those members from Education Districts 2, 4 and 6 shall be elected for initial terms of two years, beginning on January 1, 1981, and until their successors are elected and qualified. 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 and until their successors are elected and qualified., so that when so amended subsection (c) of Section 2 shall read as follows:

Page 3852

(c) At the general election in 1976, the first members of the Board of Education of Cobb County shall be elected under the provisions of this Act. Candidates elected to the Board therein shall take office on January 1, 1977, and shall serve for a term of office of four years and until their successors are duly elected and qualified. At the general election of 1980, successors to the initial members of said Board of Education shall be elected for terms as follows: those members elected from Education Districts 1, 3, 5 and 7 shall be elected for terms of four years, beginning on January 1, 1981, and until their successors are elected and qualified, and those members from Education Districts 2, 4 and 6 shall be elected for initial terms of two years, beginning on January 1, 1981, and until their successors are elected and qualified. 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 and until their successors are elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to provide for staggered terms of office for members of the Board of Education of the Cobb County School System; and for other purposes. This 19th day of January 1979. /s/ Eugene Housley Representative, 21st District

Page 3853

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene Housley who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 19, 26 and February 2, 1979. /s/ Eugene Housley Representative, 21st District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

Page 3854

WASHINGTON COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT, DEPUTIES, ETC. No. 233 (House Bill No. 574). AN ACT To amend an Act abolishing the fee system of compensation and substituting in lieu thereof an annual salary, approved March 12, 1965 (Ga. Laws 1965, p. 2392), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2808), an Act approved March 30, 1972 (Ga. Laws 1972, p. 2462), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2642), so as to change the provisions for compensation of the clerk of the superior court of Washington County and his deputy clerks and other personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation and substituting in lieu thereof an annual salary, approved March 12, 1965 (Ga. Laws 1965, p. 2392), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2808), an Act approved March 30, 1972 (Ga. Laws 1972, p. 2462), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 2642), is hereby amended by striking the first sentence of Section 2, which reads as follows: The clerk of the superior court of Washington County shall receive an annual salary of $20,500.00, payable in equal monthly installments from funds of Washington County., and inserting in lieu thereof a new first sentence to read as follows:

Page 3855

The governing authority of Washington County shall fix the annual salary of the clerk of the superior court at an amount not less than $15,100 and not more than $16,500, payable in equal monthly installments. Section 2. Said Act is further amended by striking in its entirety Section 4, which reads as follows: Section 4. The clerk of the superior court of Washington County shall have the sole power and authority to appoint such deputy clerks and other personnel as he shall deem necessary to efficiently and effectively discharge the duties of his office. It shall be within the sole discretion of the clerk of the superior court of Washington County to fix the compensation to be paid each employee in said office. However, each such employee shall be personally paid by the clerk of the superior court of Washington County out of the annual salary paid to him from the funds of Washington County. Such employees shall be paid in equal monthly installments by the clerk of the superior court of Washington County. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputy clerks or other personnel and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion., and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of

Page 3856

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 3. Said Act is further amended by adding to Section 5 immediately following the words and symbol compensation of the clerk, and before the words shall be paid, the following: the deputy clerks, and other personnel of the clerk's office, so that said Section 5, when so amended, shall read as follows: Section 5. The necessary operating expenses of the office of the clerk of the superior court of Washington County, expressly including the compensation of the clerk, the deputy clerks, and other personnel of the clerk's office shall be paid from any funds of the county available for such purposes. All equipment, supplies, materials, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purposes. The determination of such requirements shall be at the sole discretion of the governing authority of Washington County. Section 4. This Act shall become effective on July 1, 1979. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3857

Notice of Intention to Apply For Passage of A Local Bill. Notice is hereby given that I will, with the concurrence of the Board of Commissioners of Washington County, introduce a Bill in the 1979 General Assembly of Georgia to amend the Act to change the compensation of the Clerk of Superior Court of Washington County, hiring and compensation of certain Deputy Clerk and appeal conflicting laws, set effective date and other purposes. This 17th day of January 1979. /s/ Jimmy Lord Representative, District 105 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3858

WASHINGTON COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 234 (House Bill No. 575). AN ACT To amend an Act placing the Judge of the Probate Court of Washington County upon an annual salary and abolishing the fee system, approved March 29, 1971 (Ga. Laws 1971, p. 2289), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3071), so as to change the provisions relating to the salary of the Judge of the Probate Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Washington County upon an annual salary and abolishing the fee system, approved March 29, 1971 (Ga. Laws 1971, p. 2289), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3071), is hereby amended by striking in its entirety Section 2, which reads as follows: Section 2. The annual salary of the Judge of the Probate Court of Washington County shall be the sum of twelve thousand two hundred ($12,200.00) dollars payable in equal monthly installments by the first of each month. Said salary shall not be diminished thereafter during the term of the office of said Judge of the Probate Court., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The governing authority of Washington County shall fix the annual salary of the Judge of the Probate Court in an amount not less than $12,200 and not more than $14,500, payable in equal monthly installments. Section 2. This Act shall become effective on July 1, 1979.

Page 3859

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply For Passage of A Local Bill. Notice is hereby given that I will, with the concurrence of the Board of Commissioners of Washington County, introduce a Bill in the 1979 General Assembly of Georgia to amend the Act to change the compensation of the Probate Judge of Washington County, and appeal conflicting Laws, set effective date and other purposes. This the 17th day of January 1979. /s/ Jimmy Lord Representative, District 105 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3860

GLASCOCK COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 235 (House Bill No. 576). AN ACT To amend an Act creating a Small Claims Court for Glascock County, approved January 16, 1970 (Ga. Laws 1970, p. 2198), as amended, so as to change the jurisdiction of such court; to change the manner of appointing the judge of such court; to provide for vacancies; to provide 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 for Glascock County, approved January 16, 1970 (Ga. Laws 1970, p. 2198), as amended, is hereby amended by striking from Section 1 thereof the following: $1,000.00, and inserting in lieu thereof the following: $1,500.00, so that when so amended, Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Glascock 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.

Page 3861

Section 2. Said Act is further amended by striking from Section 18 thereof the following: The Governor, and inserting in lieu thereof the following: (a) The Board of Commissioners of Glascock County, and by adding at the end thereof the following: The person serving as judge on the effective date of this Section shall continue to serve out his term of office. (b) All vacancies in the office of judge shall be filled by appointment of a successor by the Board of Commissioners of Glascock County, and such successor shall serve for the remainder of the unexpired term., so that when so amended, Section 18 shall read as follows: Section 18. (a) The Board of Commissioners of Glascock County shall appoint a duly qualified person, who shall have at least a high school education, to serve as the judge of said court for a term of office of four years and until his successor is duly appointed and qualified. The person serving as judge on the effective date of this Section shall continue to serve out his term of office. (b) All vacancies in the office of judge shall be filled by appointment of a successor by the Board of Commissioners of Glascock County, and such successor shall serve for the remainder of the unexpired term. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3862

Notice of Intention To Introduce Local Legislation. Notice is hereby given there will be introduced at the regular 1979 session of General Assembly of Georgia a bill to amend an act creating a Small Claims Court for Glascock County approved January 16, 1970 as amended and for other purposes. /s/ Jimmy Lord Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gibson Record and Guide which is the official organ of Glascock County, on the following dates: January 12, 1979, January 19, 1979 and January 26, 1979. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3863

WASHINGTON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 236 (House Bill No. 577). AN ACT To amend an Act placing the Tax Commissioner of Washington County upon an annual salary and abolishing the fee system of compensation, approved March 29, 1971 (Ga. Laws 1971, p. 2292), so as to change the provisions relating to the compensation of the Tax Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Tax Commissioner of Washington County upon an annual salary and abolishing the fee system of compensation, approved March 29, 1971 (Ga. Laws 1971, p. 2292), is hereby amended by striking in its entirety Section 2, which reads as follows: Section 2. The annual salary of the Tax Commissioner shall be fixed by the governing authority of Washington County before the qualifying date for said office in each election year prior to the beginning of a new term of office. Said salary shall not be diminished or increased thereafter during the term of office of said Tax Commissioner., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The governing authority of Washington County shall fix the annual salary of the Tax Commissioner in an amount not less than $14,000 and not more than $16,500. Section 2 . This Act shall become effective on July 1, 1979. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3864

Notice of Intention to Apply For Passage of A Local Bill. Notice is hereby given that I will, with the concurrence of the Board of Commissioners of Washington County, introduce a Bill in the 1979 General Assembly of Georgia to amend the Act to change the compensation of the Tax Commissioner of Washington County, and appeal conflicting laws, set effective date and other purposes. This the 17th day of January 1979. /s/ Jimmy Lord Representative, District 105 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3865

CITY OF SARDISELECTIONS, ETC. No. 237 (House Bill No. 585). AN ACT To amend an Act creating a new charter for the City of Sardis, approved April 15, 1969 (Ga. Laws 1969, p. 2727), as amended, so as to change the date of the city election; to provide for terms of office; to provide for clarification; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Sardis, approved April 15, 1969 (Ga. Laws 1969, p. 2727), as amended, is hereby amended by striking Section 2.03 in its entirety and inserting in lieu thereof a new Section 2.03 to read as follows: Section 2.03. Election of Mayor and Councilmen. On the first Saturday in December, 1980, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day, two (2) councilmen shall be elected to serve two (2) years, in the order of expiration of terms of those now serving as such and on said dates biennially thereafter, there shall be an election for two (2) councilmen. On the first Saturday in December, 1979, and on said date biennially thereafter, there shall be an election of three (3) councilmen. The election of mayor and councilmen shall be conducted in the manner hereinafter prescribed for regular elections. The present mayor, mayor pro tem and councilmen shall continue to serve for the remainder of the term to which they are presently elected. Section 2 . The mayor and councilmen serving in office on the effective date of this Act, and any successors to fill unexpired terms of said mayor and councilmen, shall continue to serve out their respective terms of office and until their successors are elected and qualified pursuant to the provisions of Section 1 of this Act. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3866

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at this session of the General Assembly of Georgia local legislation to amend the Charter of the City of Sardis in the following particulars: 1. Change the date of Election from the first Saturday in September to the first Saturday in December and to provide a day certain in the month of December in the event it will be necessary to hold a run off election in any election held. A copy of the proposed amendment is on file in the office of the Clerk of the City of Sardis for the purpose of examination and inspection by the public. This 16th day of January, 1979. /s/ Lovett F. Bargeron Manager, City of Sardis Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he/she is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 17, 1979, January 24, 1979 and January 31, 1979. /s/ Paul E. Nessmith, Sr. Representative, 82nd District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3867

CITY OF MACONMUNICIPAL WARRANTS CLERKS. No. 239 (House Bill No. 624). AN ACT To amend an Act creating a new charter for the City of Macon, Georgia, approved March 23, 1977 (Ga. Laws 1977, p. 3776), as amended, so as to create the position of municipal warrants clerks; to provide for the issuance of warrants by municipal warrants clerks for offenses against the laws of the State of Georgia occurring within the corporate limits of the City of Macon; to provide for the issuance of warrants by municipal warrants clerks for offenses against the ordinances of the City of Macon; to provide for the issuance of search warrants by municipal warrant clerks; 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 Macon, approved March 23, 1977 (Ga. Laws 1977, p. 3776), as amended, is hereby further amended by adding a new Section 7-106 to read as follows: Section 7-106. Municipal Warrant Clerks. The Mayor and Council of the City of Macon may appoint one or more persons as municipal warrant clerks who shall be authorized to issue arrest warrants for violations of the laws of the State of Georgia occurring within the corporate limits of the City of Macon and to issue arrest warrants for violation of municipal ordinances of the City of Macon. Said municipal warrant clerks are further authorized to issue search warrants in the corporate limits of the City of Macon. Any such warrants shall comply with the requirements of State law and be based on an affidavit which complies with State law. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3868

Notice of Intention to Enact Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph IX of the 1976 Constitution of the State of Georgia, (codified as Section 2-1309 of the 1933 Code of Georgia Annotated) notice is hereby given that application will be made to the 1979 Session of the General Assembly of the State of Georgia to amend an Act providing a new Charter of the City of Macon and for other purposes. /s/ Andrew W. McKenna, City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Pinkston who, on oath, deposes and says that he/she is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following dates: December 15, 22, and 29, 1978. /s/ Frank Pinkston Representative, 100th District Sworn to and subscribed before me, this 8th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3869

CITY OF MONROEWATER, LIGHT AND GAS COMMISSION. No. 240 (House Bill No. 625). AN ACT To amend an Act reincorporating the City of Monroe and creating a new charter for said city, approved April 8, 1971 (Ga. Laws 1971, p. 3221), as amended, so as to change the provisions relating to the Water, Light and Gas Commission; to provide that in lieu of taxes or contributions a certain percent of the gross revenue from the receipts of the Commission shall be paid monthly to the general fund of the city; to provide for the use of such funds; 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 reincorporating the City of Monroe and creating a new charter for said city, approved April 8, 1971 (Ga. Laws 1971, p. 3221), as amended, is hereby amended by striking Section 6.05 in its entirety and inserting in lieu thereof a new Section 6.05 to read as follows: Section 6.05. Water, Light and Gas Commission; Creation. Be it further enacted that the council shall elect from the qualified voters of the city who are otherwise entitled to hold office in the city five persons to be known as the `Water, Light and Gas Commission'; provided that the council of the city shall appoint one of the commissioners from the city council. The first commissioners shall be appointed to serve terms of one, two, three, four and five years (respectively, from the first Monday of the month following the first regular meeting of September; except that the term of the commissioner appointed from the council shall terminate immediately upon expiration of his term in office. At the expiration of the terms of any of the commissioners, the council shall elect a commissioner for a period of five years. No commissioner shall serve more than one consecutive term; except that those commissioners initially appointed for terms of one or two years

Page 3870

respectively and those serving an unexpired term may serve an additional five-year term. Vacancies untimely caused by death, resignation, removal or other cause shall be filled by the council for the unexpired term. The commissioners comprising said Water, Light and Gas Commission shall be amenable to the council and subject to removal from office only after notice and an administrative hearing afforded them before the mayor and council and only after such individual is found guilty of malpractice or malfeasance or misconduct or neglect of duties. Section 2. Said Act is further amended by striking Section 6.07 in its entirety and inserting in lieu thereof a new Section 6.07 to read as follows: Section 6.07. Water, Light and Gas Commission; Powers. Be it further enacted that the Water, Light and Gas Commission shall have power and authority to carry out any contract made by the city for all services of Section 6.01 if authorized by the council with and out of the proceeds arising from the sale of bonds for this purpose. They shall have the management and control of the operation of such systems and shall have power and authority to maintain, repair and extend such systems, as in their judgment may seem proper, or as the mayor and council may direct. They are hereby empowered to charge the citizens of the city and all persons such sums as they deem just and proper for the use of such systems of the city and shall have power to enforce such rules and regulations; and they may further enforce payment of any amount due the city for such systems by having their clerk to report delinquent accounts to the city clerk, who shall issue execution to be levied and collected as other executions. The Commission may require deposits as security for the payment of charges for utility services and may provide for all or partial return of the deposits when satisfactory consumer credit has been established. The board may provide for credit or interest payments to consumers for deposits held longer than twelve months. The commissioners shall elect annually from time to time a superintendent and engineer and shall appoint such other agents and servants as may be necessary to operate the plant. All salary schedules will be presented to the city council for their information. A certain percentage of the gross revenues derived from the operation of said systems shall be set aside each year as a capital improvement fund, as authorized by the council.

Page 3871

Section 3. Said Act is further amended by striking Section 6.10 in its entirety and inserting in lieu thereof a new Section 6.10 to read as follows: Section 6.10. Water, Light and Gas Commission; Expansion Fund. Be it further enacted that five percent of the gross revenue received per month from the operation of any utility systems operating under the authority of the Water, Light and Gas Commission shall be placed in a reserve fund separate from all other funds. The money in this fund shall be used for expansion or major maintenance and repair expense of any of the city's utility systems. Provided that the aggregate amount in this fund for any given year shall not exceed forty percent of the gross receipts for the previous year. Section 4. Said Act is further amended by adding, following Section 6.11, a new Section 6.12, to read as follows: Section 6.12. Franchise. Be it further enacted that in lieu of taxes or contributions five percent of the gross revenue from the receipts of the Commission shall be paid monthly to the general fund of the city. These funds shall be used for any purposes which is considered a permissible use of the city's own revenues under applicable State and local law. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Monroe and providing a new charter for said city, approved April 8, 1971 (Ga. Laws 1971, p. 3221), as amended; and for other purposes. This 12th day of January, 1979. /s/ Knox Bell Mayor, City of Monroe

Page 3872

Affidavit of Publisher. This is to certify that the attached advertisement was published in the Walton Tribune, a newspaper having general circulation in Walton County, Georgia, on January 16, 23, 30. /s/ Bill E. Mont Publisher Sworn to and subscribed before me, this 5th day of January, 1979. /s/ Jean F. Head Notary Public. My Commission Expires April 13, 1981. (Seal). Approved April 11, 1979. CITY OF MOULTRIECORPORATE LIMITS. No. 241 (House Bill No. 627). AN ACT To amend an act creating a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved April 19, 1973 (Ga.

Page 3873

Laws 1973, p. 3793), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3793), 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 the City of Moultrie are such as to include and embrace therein all area lying within the following boundary lines: Begin at the Original Southwest corner of Land Lot Number 337 in the 8th Land District of Colquitt County, Georgia, and from said point of beginning run North 88 59[UNK] East along the South Original Line of said Land Lot 2390 feet, more or less, to the West margin of the Moultrie-Thomasville Highway, U. S. 319, thence run in a Southerly direction along the West margin of said Highway to a point which is North 82 West 100 feet, more or less, from the Northwest corner of lands of Tucker, thence run South 82 East 463 feet to the Northeast corner of lands of Tucker, thence run South 2 30[UNK] West 181 feet to the Southeast corner of lands of Tucker, thence run North 82 West 463 feet to the West margin of the Moultrie-Thomasville Highway, U. S. 319, thence run in a Southerly direction along the West margin of said Highway to a point which is South 89 30[UNK] West 100 feet from the Southwest corner of lands of The Hospital Authority of Colquitt County, Georgia, in Land Lot 383 in the 8th Land District of Colquitt County, thence run North 89 30[UNK] East 2475 feet to the West margin of the right-of-way of the Georgia Northern Railroad, thence run in a Northwesterly direction along the West margin of said railroad right-of-way 2600 feet, thence run North 88 39[UNK] East 820 feet, more or less, to the Southeast

Page 3874

corner of lands of Pineland School, thence run North 12 03[UNK] West 1100 feet, thence run South 88 39[UNK] West 97.7 feet, thence run North 12 03[UNK] West 1073 feet, more or less, to the North margin of YMCA Road, thence run South 88 39[UNK] West 362.23 feet to the Southeast corner of property of YMCA, thence run North 12 03[UNK] West 1200 feet; thence run South 88 39[UNK] West 360 feet to East margin of the right-of-way of Georgia Northern Railroad, thence run Northwesterly along the East margin of said railroad right-of-way 2710 feet, thence run North 81 East 1050 feet, thence run North 9 West 400 feet, thence run South 81 West 1050 feet to the East margin of said Georgia Northern Railroad right-of-way, thence run in a Northwesterly direction along the East margin of said railroad right-of-way 5210 feet, more or less, to the Old South City Limits Line as defined in the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq., which Old South City Limits Line lies 5860 feet South of and parallel to a straight line running East and West through the center of the County Courthouse Square; thence run along said Old South City Limits Line 1160 feet, more or less, to the Northwest corner of Lot 4, Crestwood Gardens Subdivision; thence run South along the West property line of said lot 301 feet to the Southwest corner of said Lot 4, thence run East along the South property line of said lot 325 feet to the Northwest corner of Lot 10, Crestwood Gardens Subdivision; thence run South along the West property line of said lot 325 feet to the Southwest corner of said Lot 10; thence run East along the South property line of said lot 325 feet to a point on the West margin of 10th Street, S.E.; thence run North along said West margin 630 feet to the Northeast corner of Lot 5, Crestwood Gardens Subdivision; thence run East 50 feet, more or less, to a point on the East margin of 10th Street, S.E.; thence run North along said East margin 357 feet, more or less, to a point 200 feet South of the Southeast corner of 10th Street, S.E. and 12th Avenue, S. E.; thence run East parallel to the South margin of 12th Avenue, S.E. 100 feet to a point; thence run North parallel to the East margin of 10th Street, S.E. 200 feet to a point on the South margin of 12th Avenue, S.E.; thence run East along said South margin 400 feet, more or less, to a point on the Old East City Limits Line as defined by the Acts of 1943, Ga. L. 1943, pp. 1458, et. seq., said line is three-quarters of a mile East of and parallel to a straight line running North and South through the center of the County Courthouse Square; thence run North along said Old City Limits Line 443 feet, more or less, to the South Original Lot Line of Land Lot Number 292 in the 8th Land District of Colquitt County; thence run

Page 3875

East along the South Original Lot Lines of Land Lots Numbers 292, 293 and 294 in the 8th Land District of Colquitt County a distance of 10,250 feet, more or less, to a point where said South Original Lot Line of Land Lot 294 intersects with the Southwest margin of the Moultrie-Quitman State Highway Number 33; thence run in a Southeasterly and Southerly direction along the West margin of the said Moultrie-Quitman State Highway to the point of intersection of the West margin of said Highway with a point opposite the Southwest corner of Spence Field, thence run North 69 17[UNK] East 227 feet, thence run North 25 30[UNK] West 783 feet, thence run South 86 30[UNK] East 418.6 feet, thence run south 29 20[UNK] East 597.4 feet, thence run north 69 17[UNK] East 575.64 feet, thence run North 72 54[UNK] East 1299.84 feet, thence run North 79 59[UNK] East 859.14 feet, thence run North 7 22[UNK] West 1229.54 feet, thence run North 31 58[UNK] East 828.5 feet, thence run South 44 55[UNK] East 1493.2 feet, thence run North 45 05[UNK] East 1600 feet, thence run North 44 55[UNK] West 780 feet, more or less, to the Sardis Church Road, thence run generally Northwesterly along the right-of-way of said road 7835 feet to monument No. 12 on Spence Field, thence run North 81 05[UNK] West 1773.93 feet, thence run North 82 52[UNK] West 600.82 feet, thence run South 89 16[UNK] West 803.58 feet, thence run North 88 19[UNK] West 3690.86 feet, thence run South 01 36[UNK] West 2391.97 feet, thence run North 88 30[UNK] West 1116.10 feet to the East margin of the Moultrie-Quitman State Highway, thence run in a Northwesterly direction along the East margin of the Moultrie-Quitman State Highway to its intersection with the South original Lot Line of Land Lot 294 in the 8th Land District of Colquitt County, thence run North parallel with the Old East City Limits Line a distance of 4530 feet, thence run West parallel with the South Lot Lines of Lots 294 and 293 a distance of 3600 feet to the East margin of County Road, thence run in a Northeasterly direction along the East margin of said road to the South margin of the right-of-way of the Georgia Florida Railroad, thence run in a Westerly direction along the South margin of said railroad right-of-way to the Northwest corner of Lot 1 in Block A of the First Addition to Kingwood Heights Subdivision, thence run West parallel with the South Lot Line of Lot 293 to the East Original Lot Line of Land Lot Number 261 in the 8th Land District of Colquitt County; thence run North along the East Original Lot Line of said Land Lot Number 261, 4000 feet, more or less, to its intersection with an extension Eastward of the Old North City Limits Line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq., which line lies three-quarters

Page 3876

of a mile North of and parallel to a straight line running East and West through the center of the County Courthouse Square; thence run South 89 41[UNK] West along said extension of the Old North City Limits Line 4750 feet, more or less, to the East Lot Line of Original Land Lot Number 262 in the 8th Land District of Colquitt County; thence run North 1 30[UNK] West along the East Original Lot Line of said Land Lot Number 262 and along the East Original Lot Line of Land Lot 245 in the 8th Land District of Colquitt County 1215.6 feet, more or less, to the Northeast corner of Section 4 of the J. B. Norman, Jr., Subdivision of said Land Lot 245 as shown by a plat thereof recorded in Deed Book V, Pages 432-433, Colquitt County Records; thence run South 89 31[UNK] West along the North lines of Sections 4, 5 and 12 of said J. B. Norman, Jr. Subdivision of Land Lot 245 3065.4 feet to a point which is 210 feet East of the intersection of said Line with the East margin of the right-of-way of U. S. Highway 319 (First Street, N.E.); thence run North parallel to and 210 feet from the East margin of the right-of-way of U. S. Highway 319 a distance of 250 feet, thence run East 172 feet; thence run North 215 feet; thence run South 70 West 194.5 feet to a point that is on a line perpendicular to the center line of U. S. 319 and which is 210 feet from the East margin of the right-of-way of said Highway; thence run North parallel to and 210 feet from the East margin of the right-of-way of U. S. 319 a distance of 1300 feet; thence run West parallel with said Old City Limits Line 1200 feet, more or less, to the West margin of the Old Moultrie-Sylvester State Highway; thence run in a Southerly direction along the West margin of said old Moultrie-Sylvester State Highway 1025 feet, more or less, to the Northeast corner of property of Lloyd Baxter, thence run South 89 05[UNK] West 141.95 feet to an iron pin; thence run South 05 50[UNK] East 539.95 feet to a nail driven into concrete, this line runs along and East of a spur railroad track being 6 feet from the center line of said spur track at the nearest point; thence run South 83 40[UNK] West 169.8 feet to an iron pin, and the East right-of-way of the Georgia Northern Railroad; thence run along the East margin of said Georgia Northern Railroad the following calls: South 11 24[UNK] East 55.35 feet, South 14 42[UNK] East 100.0 feet, South 19 21[UNK] East 100.0 feet, South 25 04[UNK] East 46.75 feet to an iron pin, South 07 50[UNK] East 50.33 feet to an iron pin, North 84 09[UNK] East 15.79 feet to an iron pin, South 30 41[UNK] East 71.1 feet, South 35 08[UNK] East 100.0 feet to an iron pin, South 86 00[UNK] West 18.8 feet to an iron pin, South 37 36[UNK] East 68.45 feet, South 42 34[UNK] East 100.0 feet, South 46 15[UNK] East 100.0 feet to an iron pin; thence

Page 3877

leaving said railroad right-of-way run North 47 31[UNK] East 54.35 feet to an iron pin and the West margin of the old Moultrie-Sylvester State Highway and North Main Street extended; thence run South along the West margin of the old Moultrie-Sylvester State Highway and North Main Street extended a distance of 240 feet, more or less, to the South margin of the right-of-way of the Georgia Northern Railroad; thence run in a Northwesterly direction along the South margin of the right-of-way of the Georgia Northern Railroad 333.45 feet; thence continue in a Northwesterly direction along an arc delineated by an Old Fence on the south margin of property of the Georgia Northern Railway Company 405.05 feet, more or less, to the South margin of property of Swift Company; thence run North 87 38[UNK] West 29 feet; thence run South 0 44[UNK] West 1837.3 feet to said Old North City Limits line; thence run West along said Old North City Limits line 435 feet, more or less, to the East margin of the right-of-way of Alternate Moultrie-Albany State Highway Number 133; thence run Northwesterly along the East margin of said State Highway Number 133 a distance of 2700 feet, more or less, to the Southwest corner of property of Agricultural Chemical Company; thence run North 59 45[UNK] East 546 feet; thence run North 15 41[UNK] West 80.6 feet to the South margin of the West Bypass; thence run along the South margin of said Bypass South 86 35[UNK] West 160.55 feet, South 84 54[UNK] West 100.0 feet, South 80 55[UNK] West 100.0 feet, South 77 41[UNK] West 100.0 feet, South 73 14[UNK] West 100.0 feet, South 70 45[UNK] West 29.1 feet; thence run West across Alternate Moultrie-Albany State Highway Number 133 and in a Southwesterly direction along the South margin of said West Bypass to its intersection with the East margin of Ninth Street, N.W., extended; thence run West parallel with the Old North City Limits Line to a point 4900 feet West of the East margin of the right-of-way of said Alternate State Highway Number 133; thence run South parallel with the Old West City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq., which Old West City Limits line is located three-quarters of a mile West of and parallel to a straight line running North and South through the center of the Courthouse Square, to a point 1000 feet from the center line of the Moultrie-Camilla State Highway Number 37 measured along a line perpendicular to the center line of said Highway; thence run in a Northwesterly direction along a line parallel to and 1000 feet North of the center line of said Moultrie-Camilla State Highway a distance of 2201.2 feet; thence run North 89 5[UNK] East 484.3 feet; thence run North 2 56[UNK] West 1135 feet;

Page 3878

thence run South 89 55[UNK] West 1090.9 feet; thence run South 2 15[UNK] East 938.15 feet to a point 1000 feet North of the center line of said Moultrie-Camilla State Highway; thence run West Northwesterly along a line 1000 feet North of the center of said Moultrie-Camilla State Highway 1290.8 feet to the center line of Hamilton Road in Camilla Heights Subdivision; thence run South along the center line of said Hamilton Road a distance of 1000 feet to the center line of said Moultrie-Camilla State Highway; thence continue in a Southerly direction along an extension of the center line of said Hamilton Road a distance of 500 feet; thence run in a Southeasterly direction along a line parallel to and 500 feet South of the center line of said Moultrie-Camilla State Highway a distance of 5550 feet, more or less, to the center line of the Ochlocknee River; thence run various courses and distances in a Southerly direction along the center line of the Ochlocknee River 7950 feet, more or less, to a point 3250 feet West of the Southwest corner of the Old City Limits of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et. seq.; thence run, Southeasterly to a point on the North original lot line of Land Lot 336 which point is 1855.11 feet West of Northeast corner of said lot; thence run South 89 45[UNK] West along said lot line 438 feet; thence run South 9 30[UNK] West 163 feet, thence run South 9 45[UNK] West 14 feet, thence run South 13 04[UNK] East 243 feet, thence run South 1 49[UNK] East 168 feet, thence run South 7 52[UNK] East 147.6 feet, thence run South 69 05[UNK] East 225 feet, thence run North 58 55[UNK] East 200 feet, thence run North 66 55[UNK] East 140 feet, thence run South 89 25[UNK] East 188 feet, thence run South 02 17[UNK] West 140 feet, thence run South 42 52[UNK] West 66.2 feet, thence run South 54 22[UNK] West 300 feet, thence run South 26 38[UNK] East 555 feet, thence run North 75 48[UNK] East 572 feet, thence run South 31 04[UNK] East 391.4 feet, thence run South 28 30[UNK] East 300 feet to the North margin of the right-of-way of the Moultrie-Meigs Post Road; thence run in a Southwesterly direction along the North margin of the right-of-way of said Moultrie-Meigs Post Road 516 feet to a point which is 1902 feet West of the East original lot line of Land Lot 336 in the 8th Land District of Colquitt County, Georgia, measured along the North margin of said Post Road, thence run North 60 42[UNK] West 371.3 feet, thence run South 87 33[UNK] West 657.5 feet to the center of the run of the Ochlocknee River, thence run along the center of the run of the Ochlocknee River in a direction generally South 5 25[UNK] West to lands of Robert M. Duggan, thence run South 61 4[UNK] East 143.6 feet, thence run South 28 56[UNK] West 360 feet, thence run South 61 4[UNK] East 460 feet to the South margin of the

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right-of-way of the Moultrie-Meigs Post Road, thence run Southwesterly along the South margin of said right-of-way to the center of the run of Ochlocknee River, thence run in a Southerly direction along the center of the run of said river to its intersection with the South lot line of Land Lot 355 in the 8th Land District of Colquitt County, Georgia, thence run in an Easterly direction along the South lot line to the Southeast corner of said lot, thence run in a Northerly direction along said East lot line 555.5 feet to the North right-of-way of Clubview Drive; thence run in an Easterly direction along said North right-of-way 246.84 feet to the Northwest corner of Clubview Drive and Holly Trail; thence run in a Northerly direction along the West right-of-way of Holly Trail 365.1 feet to the Northeast corner of Lot 2, Block 7, Clubview Subdivision Section 2; thence run in a Northwesterly direction 280 feet, along the North property line of said Lot 2, to a point on the East land lot line of Land Lot 355; thence run in a Northerly direction along said East lot line to the original Southwest corner of Land Lot 337 and the point of beginning; EXCEPT that there shall not be included in said City of Moultrie that area encompassed within the present corporate limits of the Town of Riverside; the 14.34 acre tract described in the deed from the Moultrie-Colquitt County Development Authority to Bedford D. Maule and June D. Maule recorded in Deed Book 264, Pages 104, 105, Colquitt County Records, which tract is located on Spence Field; Lots 4 and 5 of `Property of John M. Rhodes' as shown by a plat prepared by J. M. Leverett, C.E., under date of 5-9-1953 and recorded in Plat Book 1, Page 296, Colquitt County Records; a tract described as beginning at a point on the East margin of the Moultrie-Thomasville Highway, U. S. 319, South 23 30[UNK] East 1194 feet and North 66 30[UNK] East 100 feet from the intersection of the West margin of said Highway with the South lot line of Land Lot 337 in the 8th Land District of Colquitt County, Georgia, thence run North 23 30[UNK] West along the East margin of said Highway 300 feet, thence run North 60 30[UNK] East 290 feet, thence run South 23 30[UNK] East 300 feet, thence run South 66 30[UNK] West 290 feet to the point of beginning; a tract described as beginning at a point on the East margin of the Moultrie-Thomasville Highway, U. S. 319, South 23 30[UNK] East 110 feet from the Southwest corner of the immediately preceding tract, thence run North 66 30[UNK] East 827 feet, more or less, to the West margin of the Old Moultrie-Thomasville Road, thence run South 9 50[UNK] West along the West margin of the Old Moultrie-Thomasville Road to the Northeast corner of Lot 4 of the property of A. C. Clark, thence run South 80

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10[UNK] West 191.2 feet to the Southeast corner of property of Jemique C. Harrell, thence run North 26 30[UNK] West 150 feet, thence run South 63 30[UNK] West 280 feet to the East margin of the Moultrie-Thomasville Highway, U. S. 319, thence run North 23 30[UNK] West along the East margin of said Highway 259.3 feet to the point of beginning; the property of the Drive In Theater described as beginning at a point on the East margin of the Old Moultrie-Thomasville Road at its intersection with the Moultrie-Thomasville Highway, U. S. 319, thence run South 85 15[UNK] East 1001 feet, thence run North 9 35[UNK] East 800 feet, thence run North 85 15[UNK] West 1001 feet, more or less, to the East margin of the Old Moultrie-Thomasville Road, thence run South 9 50[UNK] West along the East margin of said road to the point of beginning, a tract described as beginning at the intersection of the South lot line of Land Lot 337 in the 8th Land District of Colquitt County, Georgia, with the East margin of the right-of-way of the Georgia Northern Railroad, thence run South 88 59[UNK] West along said lot line 645 feet, thence run South 9 30[UNK] West 600 feet, thence run North 88 59[UNK] West 820 feet, more or less, to the East margin of the right-of-way of the Georgia Northern Railroad, thence run Northwesterly along the East margin of said railroad right-of-way to the point of beginning; and property of H. S. Glenn located on the North side of the Moultrie-Meigs Post Road and fronting South on said road 200 feet with a depth of 300 feet. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given of intention to apply for the passage at the 1979 regular session of the General Assembly of Georgia a local bill to amend An Act to create and establish a new charter for the City of Moultrie approved March 3, 1943, (Ga. Laws 1943, pp. 1458-1498), and Acts amendatory thereof, and for other purposes.

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Georgia, Colquitt County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frances A. Nussbaum, who on oath, deposes and says that she is the Publisher of the Weekly Moultrie Observer, which is the official organ of Colquitt County, and that the attached Notice of Local Bill was published in the Weekly Moultrie Observer on the following dates: January 4, 11, 18, 25 and February 1, 1979. /s/ Frances A. Nussbaum Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Hoyt H. Whelchel, Jr. Notary Public, Colquitt County, Georgia. My Commission Expires Aug. 2, 1981. (Seal). Approved April 11, 1979. CITY OF ELLIJAYNEW CHARTER. No. 242 (House Bill No. 631). AN ACT To provide a new charter for the City of Ellijay, in the County of Gilmer; to provide for the incorporation and powers of said city; to provide for the governing body of said city; to provide for the

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executive branch; to provide for the judicial branch; to provide for elections; to provide for the financial and fiscal affairs of said city; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal a specific Act; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Ellijay, repealing and replacing the charter provided by an Act of the General Assembly, approved February 15, 1961 (Ga. Laws 1961, p. 2067), as amended. The City of Ellijay, Georgia, in the County of Gilmer and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Ellijay, 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 seal and change it at pleasure. Section 1.11. Corporate Boundaries. The boundaries of the City of Ellijay shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The corporate boundaries of the City of Ellijay as set forth in the Act approved February 15, 1961 (Ga. Laws 1961, p. 2067), as amended, are hereby incorporated into and made a part of this charter, notwithstanding the repeal of said 1961 Act, as amended, by Section 7.16. The current boundaries of the City of Ellijay, at all times, shall be shown on a map to be retained permanently in the city hall. Copies of such map certified by the mayor shall be admitted in evidence in all courts and shall have the same force and effect as with the original map. Section 1.12. Specific Powers. (a) In conformity with and subject to the requirements of the general laws of this State the corporate

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powers of the government of the City of Ellijay, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (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,

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electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fees, fares, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services not to exceed periods of thirty-five (35) years; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; 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) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city; (11) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, public buildings, recreational facilities, cemeteries, markets and markethouses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational conservation sports, 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; (12) To regulate the erection, construction, and repair of buildings and all other structures; to adopt housing, building, plumbing, electrical, gas, heating and air-conditioning codes; and to provide for the enforcement of such standards; to regulate and license all housing, building, and building trades;

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(13) 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; to provide for the prevention and punishment of riots and public disturbances; to regulate public meetings and public speaking in the streets of said city by preventing the obstruction of the streets or the gathering of disorderly crowds; to prohibit or regulate by ordinance such other conduct and activities within the City of Ellijay which, while not constituting offenses against the laws of this State, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (14) To regulate or prohibit junk dealers, pawnshops, the manufacture, sale or transportation of intoxicating liquids and liquors, the use and sale of firearms, the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment and any other business or situation which may be dangerous to persons or property; (15) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (16) To license, tax, regulate or prohibit professional fortune-telling or palmistry; (17) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads and within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (18) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) To regulate the emission of smoke or other exhaust 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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(20) 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; (21) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (22) To provide for the collection and disposal of garbage, rubbish, and refuse; 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 for the sale of such items; to levy, fix, assess and collect a service charge, tax or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations, residing in or doing business within the city and benefiting from such services; to provide for the collection of and to enforce the payment of such charges, taxes and fees; (23) To levy a fee, charge, or tax as necessary to insure the acquiring, constructing, equipping, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer connection fee or fees; a sewer service charge, fee, or tax for the use of sewers; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (24) To levy a fee, charge, or tax as necessary to insure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee; service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same. (25) To define, regulate and prohibit any act, conduct, practice or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards;

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(26) To define a nuisance and provide for its abatement whether on public or private property; (27) 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) To provide that persons given jail sentences in the recorder's court may work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Ellijay which, while not constituting offenses against the laws of this State, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (30) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinance enacted hereunder; (31) To regulate the operation of motor vehicles; and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (32) 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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(33) To provide and maintain a system of pensions and retirement for officers and employees of the city; (34) To levy and to provide for the collection of special assessments to cover the costs of any public improvements; (35) To enter into contracts and agreements with other governments entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (36) 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; (37) 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; (38) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (39) To exercise the power of arrest through duly appointed policemen; (40) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; in case of extraordinary emergency the mayor and council shall have power and authority to increase tax rate 1/2 of 1 percentum ad valorem; (41) To pass and enforce zoning laws or districts, and planning laws; to regulate the use for which said zones or districts may be set apart, fixed and established.

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(b) In addition to the specific powers enumerated in subsection (a) above, the governing authority of the City of Ellijay is hereby authorized to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution and laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the City of Ellijay shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the City of Ellijay 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 GOVERNING BODY Section 2.10. Creation . The legislative authority of the City of Ellijay, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five (5) councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office . The mayor and the councilmembers shall serve for terms of two (2) years. No person shall be eligible to serve as mayor or councilmember unless: (a) he has been a resident of the City of Ellijay for a period of one (1) year immediately prior to the date of the election of mayor or councilmember; (b) he continues to reside within the City of Ellijay during his period of service; (c) he is registered and qualified to vote in municipal elections of the City of Ellijay; and (d) he meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies . (a) The office of mayor or 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 laws of the State of Georgia. (b) The mayor or any councilmember shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or

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(3) is convicted of a crime involving moral turpitude. (c) 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 of this charter. Section 2.13. Compensation and Expenses . The mayor and councilmembers shall receive compensation for their services in an amount set by ordinance. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective city office or elective city employment during the term for which he was elected. (b) Neither the mayor nor any councilmember shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations . The council may make inquiries and investigation 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 Ellijay 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 Ellijay and may enforce such ordinance by imposing penalties for violation thereof.

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(c) The council may by ordinance change, create, alter, abolish or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive of the City of Ellijay. He shall possess, have and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers granted to him in this charter. Section 2.21. Duties of Mayor. As the chief executive officer of the City of Ellijay, the mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for the service of process and for ceremonial purposes; (c) have power to administer oaths and to take affidavits; (d) sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (g) recommend to the council such measures relative to the affairs of the city, improvement of the government and promotion of the welfare of its inhabitants as he may deem expedient; (h) call special meetings of the council as provided for in Section 2.31 of this charter; (i) examine and audit all accounts of the city before payment;

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(j) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (k) suspend any appointed city employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employee or officer's capability shall be decided by the council; (l) prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (m) break a tie vote of the councilmembers; (n) perform other duties as may be required by law, this charter or ordinance. Section 2.22. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any cause, one of the councilmembers chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. Section 2.30. Organization Meeting. (a) The council shall meet for organization on the first day of the month following the city elections. The oath of office shall be administered to the newly elected members by the mayor, or mayor pro tem, or anyone authorized to administer oaths, as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or councilmember as the case may be) of the City of Ellijay 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 councilmember receiving the most votes in the general election shall serve as mayor pro tem. Section 2.31. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue

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such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or, in his absence, the mayor pro tem. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the special meeting shall also constitute waiver of notice. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.32. Rules of Procedure . The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.33. Quorum, Voting . The mayor or mayor pro tem and three councilmembers shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them. Section 2.34. Action Requiring an Ordinance . (a) Except as herein provided every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The council of the City of Ellijay hereby ordains..... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish.

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Section 2.35. Emergency Ordinances . To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three (3) 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 sixty (60) days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.36. Codes of Technical Regulations . The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.37. Section 2.37. Signing, Authenticating, Recording, Codification, Printing . (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council may provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical

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

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the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards; Commissions, and Authorities . (a) 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 shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, terms of office or manner of appointment is prescribed by this charter or by applicable State law. (c) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable State law. (d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (e) Any member of a board, commission or authority may be removed from office for cause by a vote of three (3) members of the council. (f) Members of boards, commissions or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.

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(g) The qualifications required of members of boards, commissions or authorities shall be as prescribed by the council. (h) Except as otherwise provided by this charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one of its members as vice-chairman for terms of one (1) year. Each board, commission or authority may elect one of its members as secretary or may appoint an employee of the city as secretary. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.20. City Manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The council shall appoint a city attorney together with such assistant city attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city tax collector to collect all taxes, licenses, fees and other money belonging to the city subject to the provisions of this charter and the

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ordinances of the city. The city tax collector shall diligently comply with and enforece all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.42. City Accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.43. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.50. Position Classification, Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all the employees of the City of Ellijay and to any of its agencies and departments. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (a) the method of employee selection and probationary periods of employment; (b) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (c) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoff shall be effected; and (d) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Ellijay.

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ARTICLE IV JUDICIAL BRANCH Section 4.10. Recorder's Court; Creation. There is hereby established a court to be known as the Recorder's Court of the City of Ellijay which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the recorder of said court. Section 4.11. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-one (21) years and shall serve at the discretion of the council. The compensation of the recorder shall be fixed by the council. (b) A recorder pro tem shall serve in the absence or disqualification of the recorder, shall be appointed by the council, shall take the same oath as the recorder and shall exercise the same powers and duties as the recorder when acting in the recorder's stead. (c) Before entering on the duties of his office, the recorder shall take an oath before the city clerk that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The recorder's court shall try and punish for crimes against the City of Ellijay and for

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violations of its ordinances. The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed thirty dollars ($30) or five (5) days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars ($500) or imprisonment for ninety (90) days, or both, and as an alternative to fine or imprisonment may sentence any offender upon conviction to labor on the streets, sidewalks, squares or other public works. (b) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The recorder's court shall have the authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash, personal property or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the recorder presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and the defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the recorder forfeited to the City of Ellijay or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons,

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subpoena and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Ellijay granted by State laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Gilmer County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten (10) days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may adopt in whole or in part the rules and regulations relative to the procedures for the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least forty-eight (48) hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections. (a) The regular municipal elections for the City of Ellijay shall be held on the second Monday in December in each odd-numbered year. (b) On Monday, December 10, 1979, the initial election under this charter shall be held. At said election a mayor and five (5) councilmembers shall be elected for terms of two (2) years.

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Section 5.11. Qualifying, Voting Procedures. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes and such other rules and regulations as may be necessary for the conduct of the elections in the City of Ellijay. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials for the City of Ellijay 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 councilmember shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six (6) months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.30. Grounds for Removal of Elected Officers. The mayor or any councilmember shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) Willful violation of any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof; or

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(f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.31. Procedure for Removal. Removal of an elected officer from office may be accomplished by either of the following methods: (a) By action of unanimous vote of the entire membership of the council; provided, however, that if the person sought to be removed is a member of the council, then he shall not vote. In such case, the officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (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 Gilmer County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Gilmer County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Ellijay. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax Levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is authorized to provide for sufficient levy to pay 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, when

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such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal, State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city. Section 6.14. Licenses, Occupational Taxes, Excise Taxes. The council shall have full power to levy by ordinance such license or specific or occupation taxes upon the residents of Ellijay, 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 business, occupations, professions or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charge. The council may provide by ordinance for the assessment and collection of fees, charges and tolls for sewer services rendered both within and without the corporate limits of the city, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and city property taxes and enforceable in

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the same manner and under the same procedures as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge. The council shall have the authority to levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the city and benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates. They shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten (10) percent and shall thereafter be subject to interest at the rate of seven (7) percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.18. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.: provided, however, that upon levy of execution

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

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Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.41. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Ellijay. (b) The council may sell and convey any real or personal property owned or held by the City of Ellijay for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending or widening any street, avenue, alley or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Ellijay shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require.

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Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Ellijay 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 Ellijay not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings initiated under the former charter of the City of Ellijay 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 city council. Section 7.13. 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 7.14. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed twelve (12) months or both such fine and imprisonment. Section 7.15. Specific Repealer. An Act incorporating the City of Ellijay in the County of Gilmer, approved February 15, 1961 (Ga. Laws 1961, p. 2067), 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. 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

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shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.17. Effective Dates. Only for the purpose of holding the elections provided for by subsection (b) of Section 5.10, this Act shall be effective upon its approval by the Governor or upon its otherwise becoming law. For all other purposes, this Act shall become effective when the councilmembers elected under subsection (b) of Section 5.10 take the oath 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 January 1979 session of the General Assembly of Georgia, a bill to provide for a new Charter for the City of Ellijay; and for other purposes. This the 26th day of December 1979. /s/ Ralph Twiggs Representative, District 4 State of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs who, on oath, deposes

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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 organ of Gilmer County, on the following dates: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CANDLER COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 243 (House Bill No. 636). AN ACT To amend an Act creating the office of Tax Commissioner of Candler County, approved August 20, 1925 (Ga. Laws 1925, p.

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584), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2738), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3830), so as to change the provisions relating to the compensation of the Tax Commissioner of Candler County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Candler County, approved August 20, 1925 (Ga. Laws 1925, p. 584), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2738), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3830), is hereby amended by striking from subsection (a) of Section 4 of said Act the following: of $13,500.00, and inserting in lieu thereof the following: to be fixed by the Board of Commissioners of Candler County at not less than $13,500.00 per annum and not more than $16,500.00 per annum,, so that when so amended subsection (a) of Section 4 shall read as follows: (a) Be it further enacted by the authority aforesaid that the Tax Commissioner of Candler County shall receive for his services as such an annual salary to be fixed by the Board of Commissioners of Candler County at not less than $13,500.00 per annum and not more than $16,500.00 per annum, payable in equal monthly installments from the funds of Candler 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 1979 session of the General Assembly of Georgia, at the request of the Board of Commissioners of Candler County, a bill to amend an Act creating the office of Tax Commissioner of Candler County, approved August 20, 1925 (Ga. Laws 1925, p. 584), as amended; and for other purposes. This 25th day of January, 1979. /s/ A. D. Clifton Representative, 107th District 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/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ A. D. Clifton Representative, 107th District

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Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CANDLER COUNTYPROBATE JUDGE'S COMPENSATION. No. 244 (House Bill No. 637). AN ACT To amend an Act placing the Judge of the Probate Court of Candler County on an annual salary, approved March 25, 1974 (Ga. Laws 1974, p. 3347), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3841), so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Candler County on an annual salary, approved March 25, 1974 (Ga. Laws 1974, p. 3347), as amended, particularly by an Act

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approved April 17, 1975 (Ga. Laws 1975, p. 3841), is hereby amended by striking from Section 2 of said Act the following: The judge of the probate court shall receive an annual salary of $12,600.00, payable in equal monthly installments from county funds., and inserting in lieu thereof the following: The judge of the probate court shall receive a salary to be fixed by the Board of Commissioners of Candler County at not less than $12,600.00 per annum and not more than $15,600.00 per annum, to be paid in equal monthly installments from county funds., so that when so amended Section 2 shall read as follows: Section 2. The judge of the probate court shall receive a salary to be fixed by the Board of Commissioners of Candler County at not less than $12,600.00 per annum and not more than $15,600.00 per annum, to be paid in equal monthly installments from county funds. Said salary shall include compensation for the performance of the duties of the judge in holding elections, and such judge shall not

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receive any additional compensation for holding or conducting elections. Section 2. This Act shall become effective on the first 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 1979 session of the General Assembly of Georgia, at the request of the Board of Commissioners of Candler County, a bill to amend an Act placing the Judge of the Probate Court of Candler County on an annual salary, approved March 25, 1974 (Ga. Laws 1974, p. 3347), as amended; and for other purposes. This 25th day of January, 1979. /s/ A. D. Clifton Representative, 107th District

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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/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CANDLER COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 245 (House Bill No. 638). AN ACT To amend an Act placing the Clerk of the Superior Court of Candler County on an annual salary, approved March 22, 1974 (Ga. Laws 1974, p. 2736), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Candler County on an annual salary, approved March 22, 1974 (Ga. Laws 1974, p. 2736), as amended, is hereby amended by striking from Section 2 the following: of $13,500.00, and inserting in lieu thereof the following: to be fixed by the Board of Commissioners of Candler County at not less than $13,500.00 per annum and not more than $16,500.00 per annum, so that when so amended Section 2 shall read as follows:

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Section 2. The Clerk of the Superior Court of Candler County shall receive an annual salary to be fixed by the Board of Commissioners of Candler County at not less than $13,500.00 per annum and not more than $16,500.00 per annum, payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, at the request of the Board of Commissioners of Candler County, a bill to amend an Act placing the Clerk of the Superior Court of Candler County on an annual salary, approved March 22, 1974 (Ga. Laws 1974, p. 2736), as amended; and for other purposes. This 25th day of January, 1979. /s/ A. D. Clifton Representative, 107th District

Page 3920

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/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3921

CANDLER COUNTYSHERIFF'S SALARY. No. 246 (House Bill No. 639). AN ACT To amend an Act placing the Sheriff of Candler County on a salary, approved March 11, 1965 (Ga. Laws 1965, p. 2301), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2741), so as to change the provisions relating to the salary of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Candler County on a salary, approved March 11, 1965 (Ga. Laws 1965, p. 2301), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2741), is hereby amended by striking from Section 2 the following: of $13,500.00, and inserting in lieu thereof the following: to be fixed by the Board of Commissioners of Candler County at not less than $13,500.00 per annum and not more than $16,500.00 per annum,,

Page 3922

so that when so amended Section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary to be fixed by the Board of Commissioners of Candler County at not less than $13,500.00 per annum and not more than $16,500.00 per annum, payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, at the request of the Board of Commissioners of Candler County, a bill to amend an Act placing the Sheriff of Candler County on a salary, approved March 11, 1965 (Ga. Laws 1965, p. 2301), as amended; and for other purposes. This 25th day of January, 1979. /s/ A. D. Clifton Representative, 107th District

Page 3923

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/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3924

CANDLER COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 247 (House Bill No. 640). AN ACT To amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. Laws 1933, p. 430), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3835), so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. Laws 1933, p. 430), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3835), is hereby amended by striking from Section 6 the following: $2,400, and inserting in lieu thereof the following: $3,400.00, so that when so amended Section 6 shall read as follows: Section 6. The compensation of the members of said Board of Commissioners, other than the chairman, shall be fixed by a resolution adopted by the Board of Commissioners and shall be fixed at not less than $1,200.00 and not more than $3,400.00 per annum, payable in equal monthly installments from the funds of the county. Section 2. Said Act is further amended by striking from Section 13 of said Act the following:

Page 3925

$6,000.00, and inserting in lieu thereof the following: $7,000.00, so that when so amended Section 13 shall read as follows: Section 13. The Chairman of the Board of Commissioners of Candler County shall be compensated in an amount to be fixed by a resolution adopted by the Board of Commissioners and shall be compensated in an amount not less than $3,600.00 and not more than $7,000.00 per annum, payable in equal monthly installments from the funds of Candler County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1979 session of the General Assembly of Georgia, at the request of the Board of Commissioners of Candler County, a bill to amend an Act creating a Board of Commissioners of Candler County approved March 23, 1933 (Ga. Laws 1933, p. 430), as amended; and for other purposes. This 25th day of January, 1979. /s/ A. D. Clifton Representative, 107th District

Page 3926

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/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3927

STATE COURT OF CANDLER COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 248 (House Bill No. 641). AN ACT To amend an Act establishing the State Court of Candler County (formerly known as the City Court of Metter), approved July 29, 1920 (Ga. Laws 1920, p. 364), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3831), so as to change the provisions relating to the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Candler County (formerly known as the City Court of Metter), approved July 29, 1920 (Ga. Laws 1920, p. 364), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3831), is hereby amended by striking from Section 5 of said Act the following: at not less than $4,250.00 and not more than $5,000.00 per year, and inserting in lieu thereof the following: at not less than $5,000.00 and not more than $8,000.00 per year, so that when so amended Section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that any person who shall be elected or appointed judge of said court, must, at the time of his election or appointment, be at least twentyfive years of age, must have been a practicing attorney for at least three years, and must have resided in Candler County for at least one year immediately prior thereto and he shall, before entering upon the discharge of his duties take and subscribe the following oath: `I swear that I will administer justice without respect of persons,

Page 3928

and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all of the duties incumbent on me as judge of said State Court of Candler County, according to the best of my ability and understanding, and agreeably to the laws and Constitution of the State and the Constitution of the United States, so help me God.', which oath shall be forwarded promptly to the Governor and filed in the Executive Department. The judge of said court shall receive a salary to be fixed by the governing authority of Candler County at not less than $5,000.00 and not more than $8,000.00 per year, which shall be paid monthly out of the treasury or depository of Candler County, as other current expenses are paid, by the Board of Commissioners of Candler County, and such county authority shall annually make provisions by levying taxes for this purpose. Section 2. Said Act is further amended by striking from Section 6, the following: at not less than $3,750.00 and not more than $4,500.00 per year, and inserting in lieu thereof the following: at not less than $4,500.00 and not more than $7,500.00 per year, so that when so amended Section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said court, who shall be elected or appointed at the same time, in the same manner, and for the same term as the judge of said court, who shall have been a practitioner of law and a resident of Candler County for one year prior to his election or appointment. A vacancy in the office of solicitor of said court shall be filled in the same manner as a vacancy in the office of the judge thereof is filled. The duties of the solicitor shall be to prosecute all offenses cognizable before said court, and shall represent the State in all cases carried to the higher courts. The said solicitor shall receive a salary to be fixed by the governing authority of Candler County at not less than $4,500.00 and not more than $7,500.00 per year, which shall be paid in the same manner as the judge's salary is paid. In the absence or disqualification of the

Page 3929

solicitor of said court, the judge thereof shall appoint a solicitor protem, who shall discharge the same duties as the solicitor, and for such services he shall receive the sum of ten ($10.00) dollars for each conviction and the sum of five ($5.00) dollars for each plea of guilty entered, which fee is to be paid out of the salary of the solicitor. The solicitor of said court, before entering upon the discharge of the duties of his office, shall take and subscribe the following oath, to wit: `I do solemnly swear that I will faithfully and without fear, favor or affection, and impartially, and to the best of my ability and understanding discharge all of the duties devolving upon and required of me as solicitor, so help me God.' The said oath shall be filed in the clerk's office of said court and entered upon the minutes thereof. 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 1979 session of the General Assembly of Georgia, at the request of the Board of Commissioners of Candler County, a bill to amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. Laws 1920, p. 364), as amended; and for other purposes. This 25th day of January, 1979. /s/ A. D. Clifton Representative, 107th District

Page 3930

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/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3931

COLUMBIA COUNTYPROBATE JUDGE PLACED ON SALARY BASIS. No. 249 (House Bill No. 642). AN ACT To abolish the present mode of compensating the Judge of the Probate Court of Columbia 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 each officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the Judge of the Probate Court of Columbia County, known as the fee system, is hereby abolished and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The judge of the probate court of said county shall receive an annual salary of $18,000.00, payable in equal bimonthly installments from county funds. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer

Page 3932

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. 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 said county. Section 6. This Act shall become effective on January 1, 1981. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3933

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Columbia County on an annual salary; to provide for the fees, costs, and emoluments of the judge; to provide for statements; to provide for expenses; to provide for personnel and their compensation and appointment; to provide for other matters relative to the foregoing; and for other purposes. This 15th day of January, 1979. Board of Commissioners Columbia County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Jackson who, on oath, deposes and says that he/she is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Columbia News which is the official organ of Columbia County, on the following dates: January 17, 1979, January 24, 1979 and January 31, 1979. /s/ William S. Jackson Representative, 77th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3934

CITY OF WHITEMAYOR'S COURT. No. 250 (House Bill No. 643). AN ACT To amend an Act incorporating the City of White, approved August 7, 1919 (Ga. Laws 1919, p. 1385), as amended, so as to provide for a mayor's court; to provide for the jurisdiction of said court; to provide for a judge of said court; to provide for the right of appeal; to provide for the rules governing said court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of White, approved August 7, 1919 (Ga. Laws 1919, p. 1385), as amended, is hereby amended by striking in its entirety Section 10 of said Act and inserting in lieu thereof a new Section 10 to read as follows: Section 10. (a) Be it further enacted that said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, bylaws, rules, and regulations necessary for the good government of said city and securing and promoting the welfare, peace, prosperity, and health of its inhabitants and to prescribe the penalties for violating the same. (b) There is hereby established a court to be known as the `Mayor's Court, City of White,' 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 following powers: (1) to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia; (2) to subpoena witnesses and to punish witnesses for nonattendance;

Page 3935

(3) to try all offenses occurring within the territorial limits of the City of White, including traffic cases which under the laws of Georgia are now or hereafter 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; (4) to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; and (5) to administer oaths and to perform all other acts necessary and proper to the conduct of said court. (c) 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. (d) The mayor or mayor pro tem shall serve as judge of the mayor's court and shall preside over the court. Should the mayor or mayor pro tem fail to serve, then the mayor and aldermen shall select a person qualified and licensed to practice law in the State of Georgia to serve as judge of the mayor's court and to preside over the same during the term of office for which the mayor and aldermen were elected. In every Section of this charter where a judicial function is conferred upon the mayor or mayor pro tem as presiding officer over the mayor's court, the same shall be interpreted so as to include any person selected by the mayor and aldermen to serve as judge of the mayor's court. (e) The presiding officer over the mayor's court shall have power to impose fines and to imprison violators for the violation of any law or ordinance of the City of White within such limits as may be set by ordinance or by the laws of Georgia. He shall have the authority of a justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of the City of White, which warrants may be executed by any police officer of said city; to hold committal hearings 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.

Page 3936

(f) Except as may be herein otherwise specified, the presiding officer is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of White. The mayor's court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayor's, recorder's, and police courts, and particularly such laws as authorize the abatement of nuisances. The presiding officer, or the city clerk in his name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said mayor's court and to issue such other processes as may be necessary to the proper administration of said court. (g) The right of appeal to the Superior Court of Bartow County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the probate court. An appeal to the superior court shall be a de novo proceeding. (h) With the approval of the city council, the judge of the court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures for the operation of the superior courts under the general laws of the State of Georgia. Section 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, 1979 Session of the General assembly of Georgia, a local bill to amend the Charter of the City of White, (Acts 1919, pp. 1385-1390, approved August 7, 1919) as amended, by specifically amending Section 10 of said Act so as to provide for a Mayor's Court, the jurisdiction thereof; the presiding officer thereof; the right of appeal

Page 3937

therefrom; the rules governing said Court; other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1979. /s/ Joe Frank Harris Representative 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: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3938

TOWN OF TYRONE PUBLIC FACILITIES AUTHORITY. No. 251 (House Bill No. 645). AN ACT To create the Town of Tyrone 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 and 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, to execute leases of such facilities, to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the Authority, and to pay the cost of such undertakings, to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations, to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of the Town of Tyrone 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), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3939

Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Town of Tyrone Public Facilities Authority Act. Section 2. Town of Tyrone Public Facilities Authority. (a) There is hereby created a body corporate and politic to be known as the Town of Tyrone 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 and 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 the Town of Tyrone and who shall be appointed by the Mayor and Council of the Town of Tyrone. The members of the Authority shall be appointed to serve for a term of three (3) years from the date of such appointment and until their successors shall have been selected and appointed, except that the initial terms for appointments shall be made for one (1), two (2) and three (3) year terms to provide for future continuity. The Mayor or one of the members of the Council of the Town of Tyrone 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 Council or the Mayor. 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

Page 3940

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. 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 Town of Tyrone 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, 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

Page 3941

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; (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

Page 3942

acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the Town of Tyrone, the governing authority or body of said town is hereby authorized to convey title to such lands to the Authority upon payment to the credit of the general funds of said town the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority 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 and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose, by conveyance of its title in fee simple, of real and personal property of every kind and character; and any and all persons, firms and corporations, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease and sublease agreements, with the State of Georgia or any agencies or departments thereof relative to 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;

Page 3943

(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; (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

Page 3944

funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and the Town of Tyrone 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 and shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto. Interest shall be payable semiannually, principal shall mature at such time or times not exceeding forty 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 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.

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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 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.

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Section 12. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution 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 the Town of Tyrone nor a pledge of the faith and credit of said town, 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 town to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 14. Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the 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

Page 3947

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, 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, (4) the necessary charges of the paying agent or agents for

Page 3948

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. 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

Page 3949

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 Town of Tyrone Public Facilities Authority. Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

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Section 22 . Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23 . 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 as 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 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.

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Section 26 . Meetings. (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 the Town of Tyrone 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 the Town of Tyrone. 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 Mayor and Council of the Town of Tyrone shall select the firm which shall conduct the audit. A synopsis of the audit shall be published in the official organ of the Town of Tyrone 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 thirty 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

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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 of the Town of Tyrone, 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 . Town Powers. This Act does not in any way take from the Town of Tyrone 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 its 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 the Town of Tyrone shall, by appropriate resolution, declare the need for the Authority within the town. 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 1979 session of the General Assembly of Georgia a bill to authorize a

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Public Facilities Authority for the Town of Tyrone, to repeal conflicting laws and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler who, on oath, deposes and says that he/she is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: January 3, 10, 17, 1979. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. LAURENS COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 252 (House Bill No. 647). AN ACT To amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March

Page 3954

30, 1971 (Ga. Laws 1971, p. 2622), as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3942), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2807), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4463), so as to change the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. Laws 1971, p. 2622), as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3942), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2807), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4463), is hereby amended by striking from Section 1 the following: $14,300.00, and inserting in lieu thereof the following: $16,906.00, 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 $16,906.00 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. 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. Notice is hereby given that there will be introduced in the 1979 regular session of the General Assembly of Georgia, a bill to provide for the purpose of altering the compensation of the Probate Judge of Laurens County, to provide an effective date, and for other purposes. /s/ J. Roy Rowland State Representative /s/ Leon Green Attorney, Laurens Co. 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 Courier Herald which is the official organ of Laurens County, on the following dates: January 13, 1979, January 20, 1979 and January 27, 1979. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 9th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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LAURENS COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 253 (House Bill No. 648). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, approved February 12, 1952 (Ga. Laws 1952, p. 2327), as amended, particularly by an Act approved March 21, 1969 (Ga. Laws 1969, p. 2259), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3946), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 2992), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Laurens County into the office of Tax Commissioner of Laurens County, approved February 12, 1952 (Ga. Laws 1952, p. 2327), as amended, particularly by an Act approved March 21, 1969 (Ga. Laws 1969, p. 2259), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3946), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 2992), is hereby amended by striking from Section 3 the following: $16,000.00, and inserting in lieu thereof the following: $17,617.00, so that when so amended, Section 3 shall read as follows: Section 3. The Tax Commissioner of Laurens County shall be compensated in the amount of $17,617.00 per annum, to be paid in equal monthly installments from the funds of Laurens County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees, or charges of any kind, whatsoever, heretofore

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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), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced in the 1979 regular session of the General Assembly of Georgia, a bill to provide for the purpose of altering the compensation of the Tax Commissioner of Laurens County, to provide an effective date, and for other purposes. /s/ J. Roy Rowland State Representative /s/ Leon Green Attorney, Laurens Co.

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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 Courier Herald which is the official organ of Laurens County, on the following dates: January 13, 1979, January 20, 1979 and January 27, 1979. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 9th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF WALKER COUNTYCOMPENSATION OF JUDGE AND SOLICITOR, ETC. No. 254 (House Bill No. 665). AN ACT To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. Laws 1957, p. 2561), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3030), so as to change the compensation and expense allowances of the judge and solicitor of the State Court; to provide for a Secretary for the State Court of Walker County and the employment, 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 creating the State Court of Walker County, approved March 5, 1957 (Ga. Laws 1957, p. 2561), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3030), is hereby amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. There shall be a judge of said State Court, who shall be elected by the qualified voters of said county of Walker, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections; provided that, if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said State Court shall receive a salary of $11,800.00 per annum and an expense allowance of $1,650.00 per annum for the year beginning on May 1, 1979, and

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ending on April 30, 1980, and a salary of $12,600.00 per annum and an expense allowance of $2,400.00 per annum for years beginning on or after May 1, 1980. Such salary and expense allowance shall be paid in equal monthly installments from the treasury of Walker County. It shall be the duty of the Board of Commissioners of Walker County, or other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Section 2. Said Act is further amended by striking subsection (a) of Section 5 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Solicitor of the State Court of Walker County shall receive a salary for his services in the amount of $11,350.00 per annum and an expense allowance of $2,100.00 per annum for the year beginning on May 1, 1979, and ending on April 30, 1980, and a salary of $12,600.00 per annum and an expense allowance of $2,400.00 per annum for years beginning on May 1, 1980, and thereafter. The salary of such solicitor shall be paid in equal monthly installments from the funds of Walker County. The expense allowance shall be paid quarterly from the funds of Walker County. Said solicitor shall receive no other compensation but may practice law in any court except the State Court of Walker County. Section 3. Said Act is further amended by adding, following Section 10, a new Section 10.1, to read as follows: Section 10.1. There is hereby created the position of Secretary for the State Court of Walker County. The person to be employed as Secretary for the State Court of Walker County shall be named by the solicitor of the State Court and the person so employed shall serve at the pleasure of the solicitor of the State Court. Such secretary shall perform such duties as may be prescribed by the judge and solicitor of the State Court. Such secretary shall be compensated

Page 3961

from the funds of Walker County in an amount to be fixed by the governing authority of Walker County but not to exceed the amount paid from State funds to the secretary employed by the Chief Judge of the Superior Court of Walker County under the provisions of applicable general laws of the State of Georgia, provided that no county funds shall be used for the purpose of compensating such secretary if other funds or grants, either public or private, are available for the purpose of compensating such secretary. Section 4. This Act shall become effective on May 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 hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Walker County, Georgia, providing for the salary of a Judge and the salary of a Solicitor for the State Court so as to increase the compensation of the State Court Judge and the compensation of the Solicitor, to provide for Secretary and compensation for State Court Solicitor's Office. This 5th day of January, 1979. /s/ Charles Clements, Jr. Judge /s/ David L. Lomenick, Jr. Solicitor

Page 3962

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: January 10, 1979, January 17, 1979 and January 24, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 31st day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3963

WALKER COUNTYSALARIES OF TAX COMMISSIONER'S EMPLOYEES, ETC. No. 255 (House Bill No. 666). AN ACT To amend an Act consolidating the Offices of Tax Receiver and Tax Collector of Walker County into the Office of Tax Commissioner of Walker County, approved January 27, 1964 (Ga. Laws 1964, p. 2018), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3322), so as to change the maximum limit for the combined salaries of the deputies, clerks, assistants or other personnel appointed by the Tax Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the Offices of Tax Receiver and Tax Collector of Walker County into the Office of Tax Commissioner of Walker County, approved January 27, 1964 (Ga. Laws 1964, p. 2018), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3322), is hereby amended by striking from subsection (a) of Section 5 the following: $35,000.00, and inserting in lieu thereof the following: $45,000.00, so that when so amended subsection (a) of Section 5 shall read as follows: (a) The Tax Commissioner shall have authority to appoint his deputies, clerks, assistants and other personnel. Said Tax Commissioner shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants or other personnel appointed by said official shall not exceed the total sum of $45,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly.

Page 3964

Said salaries shall be paid from the special fund created by Section 2A of this Act. If said special fund has insufficient funds with which to pay all of said salaries, the special fund shall first be extinguished for said purposes and the remainder of said salaries shall be paid from the general funds of the county. 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 1979 Session of the General Assembly of Georgia, a Bill to Amend an Act creating the office of Tax Commissioner of Walker County, Georgia providing for a salary and assistance for the operation of said Tax Commissioners' Office so as to increase the amount provided for clerical assistance and for operation of the Office of Tax Commissioner and for other purposes. This Eighth day of January, 1979. /s/ Ralph W. Aiken Tax Commissioner, Walker County, Georgia

Page 3965

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: January 10, 1979, January 17, 1979 and January 24, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 31st day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3966

WALKER COUNTYCOMPENSATION OF EMPLOYEES OF CLERK OF SUPERIOR COURT. No. 256 (House Bill No. 667). AN ACT To amend an Act placing the Clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. Laws 1964, p. 2024), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2870), so as to change the total amount which deputies, clerks, assistants and other personnel might receive; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. Laws 1964, p. 2024), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2870), is hereby amended by striking from subsection (a) of Section 4, the following: $27,500, and inserting in lieu thereof the following: $37,500, so that when so amended subsection (a) of Section 4 shall read as follows:

Page 3967

(a) The above named officer shall have authority to appoint his deputies, clerks, assistants and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants and other personnel appointed by said officer shall not exceed the total sum of $37,500 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, 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. Notice. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Walker County, Georgia, on a salary and providing for assistants and for the operation of said Clerk's Office so as to increase the amount provided for clerical assistance and for operation of the Clerk's Office and for other purposes. This 15th day of December, 1978. /s/ Bill McDaniel Clerk

Page 3968

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: January 3, 1979, January 10, 1979 and January 17, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3969

DADE COUNTYCOMPENSATION OF DEPUTY CLERK OF SUPERIOR COURT. No. 257 (House Bill No. 668). AN ACT To amend an Act placing the Clerk of the Superior Court of Dade County on an annual salary in lieu of the fee system of compensation, approved April 10, 1971 (Ga. Laws 1971, p. 3824), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3230), so as to change the provisions relating to the compensation of the deputy clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Dade County on an annual salary in lieu of the fee system of compensation, approved April 10, 1971 (Ga. Laws 1971, p. 3824), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3230), is hereby amended by adding to Section 4, following the words annual salary, the following: not to exceed $5,000.00, so that when so amended, Section 4 shall read as follows: Section 4. The clerk of the superior court shall have the authority to appoint a deputy clerk, who shall receive an annual salary not to exceed $5,000.00 to be determined by the governing authority of the county, payable in equal monthly installments. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person who shall be employed as his deputy, and to prescribe his duties and assignments, and to remove or replace any such employee at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3970

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 Session of the General Assembly of Georgia, a bill to increase the compensation of clerical help for the Clerk of Superior Court of Dade County. This the 16th day of January, 1979. /s/ Betty C. Rogers Clerk Superior Court 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: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 2nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3971

HARALSON COUNTY TREASURER'S COMPENSATION. No. 259 (House Bill No. 676). 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), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2916), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4410), 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), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2916), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4410), is hereby amended by striking from Section 1 the following: three thousand one hundred dollars ($3,100.00), and inserting in lieu thereof the following:

Page 3972

three thousand nine hundred dollars ($3,900.00), so that when so amended Section 1 shall read as follows: Section 1. The compensation of the Treasurer of Haralson County shal be three thousand nine hundred dollars ($3,900.00) 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 1979 session of the General Assembly of Georgia, a bill to change the compensation of the Treasurer of Haralson County; and for other purposes. This 9th day of January, 1979. /s/ George A. Kimball Treasurer, Haralson County

Page 3973

Georgia, Haralson County. This is to certify that the legal notice attached hereto has been published in The Haralson Tribune legal organ for Haralson County. The following dates, to-wit: January 11, 1979; January 18, 1979; January 25, 1979 and February 1, 1979. Sworn to on the 1st day of February, 1979. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 1st day of February, 1979. /s/ Frieda L. Rivers Notary Public. (Seal). Approved April 11, 1979.

Page 3974

STATE COURT OF TOOMBS COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 260 (House Bill No. 677). AN ACT To amend an Act creating the State Court of Toombs County (formerly City Court of Lyons), approved August 27, 1931 (Ga. Laws 1931, p. 343), as amended, so as to change the provisions relative to the compensation of the judge and solicitor of said court; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Toombs County (formerly City Court of Lyons), approved August 27, 1931 (Ga. Laws 1931, p. 343), as amended, is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Be it further enacted by the authority aforesaid that the Judge of the State Court of Toombs County shall receive an annual salary of $10,000.00, payable in equal monthly installments from county funds by the person or persons charged by law with the paying out of the money of Toombs County. The governing authority of Toombs County shall be authorized to provide additional funds for clerical help and office expenses for the said judge, said clerical help and office expenses to be paid from the funds of Toombs County. The judge of said court shall, as such, receive no other compensation but may practice law in any court except the State Court of Toombs County and may hold office or offices except those he is expressly prohibited by law from holding. Section 2. Said Act is further amended by striking Section 6 in

Page 3975

its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. Be it further enacted by the authority aforesaid that the annual salary of the solicitor of said court shall be $8,000.00, payable in equal monthly installments from county funds by the person or persons charged by law with the paying out of the money of Toombs County. The governing authority of Toombs County shall be authorized to provide additional funds for clerical help and office expenses for the said solicitor, said clerical help and office expenses to be paid from the funds of Toombs County. For representing the State in the appellate court of this State, said solicitor shall receive the same compensation paid by the State to district attorneys for like services; and said fee shall be paid by the State in the same manner that same are paid to district attorneys. The solicitor of said court shall, as such, receive no other compensation but may practice law in any court or courts and may hold any office or offices except those which he is expressly prohibited by law from holding. Section 3. Said Act is further amended by adding between Section 6 and Section 7 a new Section 6A to read as follows: Section 6A. Notwithstanding the provisions of Section 3 and Section 6 of this Act, in addition to the salaries provided for the judge and the solicitor in such Sections, at the discretion of the governing authority of Toombs County, the judge and solicitor shall receive a cost-of-living increase in salary not to exceed five percent of the present salary received by each such officer and only for calendar years 1979 and 1980. Section 4. Section 1 and Section 2 of this Act shall become effective January 1, 1981, and the remaining provisions of this Act shall become effective upon their approval by the Governor or upon their becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3976

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to change the compensation of certain specified elected officials of Toombs County; to provide for other matters relative to the foregoing; and for other purposes. This 9th day of January, 1979. /s/ Ross P. Bowen Chairman, Toombs 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 Lyons Progress which is the official organ of Toombs County, on the following dates: January 11, 18, 25, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3977

TOOMBS COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 261 (House Bill No. 678). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Toombs County into the office of Tax Commissioner of Toombs County, approved March 21, 1968 (Ga. Laws 1968, p. 2417), as amended, so as to change the compensation of the tax commissioner; 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 consolidating the offices of Tax Receiver and Tax Collector of Toombs County into the office of Tax Commissioner of Toombs County, approved March 21, 1968 (Ga. Laws 1968, p. 2417), as amended, is hereby amended by striking in Section 3 the following: $13,000.00, and substituting in lieu thereof the following: $14,000.00, so that when so amended, Section 3 shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $14,000.00, payable in equal monthly installments from the funds of Toombs County.

Page 3978

Section 2. Said Act is further amended by adding between Section 3 and Section 4 a new Section 3A to read as follows: Section 3A. In addition to the salary provided in Section 3, at the discretion of the governing authority of Toombs County, the tax commissioner shall also receive a cost-of-living increase in salary not to exceed five percent of his present salary and only for calendar years 1979 and 1980. Section 3. Section 1 of this Act shall become effective on January 1, 1981, and the remaining provisions of this Act shall become effective upon their approval by the Governor or upon their 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 1979 session of the General Assembly of Georgia, a bill to change the compensation of certain specified elected officials of Toombs County; to provide for other matters relative to the foregoing; and for other purposes. This 9th day of January, 1979. /s/ Ross P. Bowen Chairman, Toombs County Commissioners

Page 3979

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 Lyons Progress which is the official organ of Toombs County, on the following dates: January 11, 18, 25, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3980

TOOMBS COUNTYSHERIFF'S COMPENSATION. No. 262 (House Bill No. 679). AN ACT To amend an Act placing the Sheriff of Toombs County upon an annual salary in lieu of the fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2100), as amended, so as to change the compensation of the sheriff; 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 placing the Sheriff of Toombs County upon an annual salary in lieu of the fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2100), as amended, is hereby amended by striking in Section 3 the following: fourteen thousand dollars ($14,000.00), and substituting in lieu thereof the following: sixteen thousand dollars ($16,000.00), so that when so amended, Section 3 shall read as follows: Section 3. The sheriff shall receive sixteen thousand dollars ($16,000.00) per annum as full compensation for his services, payable in equal monthly installments from funds of Toombs County.

Page 3981

Section 2. Said Act is further amended by adding between Section 3 and Section 4 a new Section 3A to read as follows: Section 3A. In addition to the salary provided in Section 3, at the discretion of the governing authority of Toombs County, the sheriff shall also receive a cost-of-living increase in salary not to exceed five percent (5%) of his present salary and only for calendar years 1979 and 1980. Section 3. Section 1 of this Act shall become effective on January 1, 1981, and the remaining provisions of this Act shall become effective upon their approval by the Governor or upon their 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 1979 session of the General Assembly of Georgia, a bill to change the compensation of certain specified elected officials of Toombs County; to provide for other matters relative to the foregoing; and for other purposes. This 9th day of January, 1979. /s/ Ross P. Bowen Chairman, Toombs County Commissioners

Page 3982

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 Lyons Progress which is the official organ of Toombs County, on the following dates: January 11, 18, 25, 1979. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3983

PLACEMENT OF REFUSE CONTAINERS IN CERTAIN COUNTIES (8,100-8,230). No. 263 (House Bill No. 693). AN ACT To place certain restrictions upon the placement and location of refuse receptacles by certain counties; to provide that receptacles located in violation of the Act shall constitute public nuisances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Limitation on location of trash receptacles; unincorporated areas; nuisance. (a) No county, as defined in this Section, shall place, cause to be placed, or permit the placement of a garbage, trash, waste, or refuse receptacle within 750 feet of any residence in the unincorporated area of the county, when the receptacle is placed pursuant to any garbage, trash, waste, or refuse removal program paid for out of county funds. (b) Any receptacle placed in violation of the provisions of this Act shall constitute a public nuisance. (c) As used in this Section, county means a county having a population of not less than 8,100 or more than 8,230 according to the United States Decennial Census of 1970 or any future such census. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979.

Page 3984

TOWN OF OXFORDTAXES ON INSURANCE COMPANIES. No. 264 (House Bill No. 694). AN ACT To amend an Act creating a new charter for the Town of Oxford, approved August 12, 1914 (Ga. Laws 1914, p. 1108), as amended, so as to authorize the levy and collection of a franchise tax or occupational tax on insurance companies, other than life insurance companies, doing business within the town; to provide for the practices and procedures in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Oxford, approved August 12, 1914 (Ga. Laws 1914, p. 1108), as amended, is hereby amended by adding, following Section 25, a new Section 25A, to read as follows: Section 25A. In addition to the license fees and taxes upon life insurance companies authorized by general law, the mayor and council are hereby authorized to establish, fix, levy and collect a franchise tax or occupational tax on insurance companies, other than life insurance companies, doing business within the town. Such franchise tax or occupational tax shall be based on the gross direct premiums of such insurance companies within the town. Such tax shall be fixed, imposed, levied and collected as provided by ordinances promulgated and adopted by the mayor and council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3985

Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1979 Session of the General Assembly of Georgia to amend an act incorporating and granting a charter to the City of Oxford, as amended, so as to authorize the levy and collection of a franchise tax or occupational tax on insurance companies, other than life insurance companies, doing business within the city; to provide for the practices and procedures in connection therewith; to repeal conflicting laws and for such other purposes. This the 8th day of January, 1979. /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 18, 1979, January 25, 1979 and February 1, 1979. /s/ Philip A. Johnson Representative, 74th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 3986

CITY OF COVINGTONTAXES ON INSURANCE COMPANIES. No. 265 (House Bill No. 695). AN ACT To amend an Act incorporating and granting a new charter to the City of Covington, approved January 30, 1962 (Ga. Laws 1962, p. 2003), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2437), so as to authorize the levy and collection of a franchise tax or occupational tax on insurance companies, other than life insurance companies, doing business within the city; to provide for the practices and procedures in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating and granting a new charter to the City of Covington, approved January 30, 1962 (Ga. Laws 1962, p. 2003), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2437), is hereby amended by adding at the end of Section 66 a new paragraph, to read as follows: In addition to the license fees and taxes upon life insurance companies authorized by general law, the mayor and council are hereby authorized to establish, fix, levy and collect a franchise tax or occupational tax on insurance companies, other than life insurance companies, doing business within the city. Such franchise tax or occupational tax shall be based on the gross direct premiums of such insurance companies within the city. Such tax shall be fixed, imposed, levied and collected as provided by ordinances promulgated and adopted by the mayor and council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1979 Session of the General Assembly of Georgia to amend an act incorporating and granting a new charter to the City of Covington (Ga. Laws 1962, p. 2003), as amended, so as to authorize the levy and collection of a franchise tax or occupational tax on insurance companies, other than life insurance companies, doing business within the City of Covington; to provide for the practices and procedures in connection therewith; to repeal conflicting laws; and for other purposes. This the 8th day of January, 1979. /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 18, 1979, January 25, 1979 and February 1, 1979. /s/ Philip A. Johnson Representative, 74th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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PIERCE COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 266 (House Bill No. 710). AN ACT To abolish the present mode of compensating the Clerk of the Superior Court of Pierce County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the Clerk of the Superior Court of Pierce 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 compensation and allowances of the clerk of the superior court shall be fixed by the governing authority of Pierce County in an amount not less than $ 12,000 per year, to be paid in equal monthly installments from the funds of the 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, shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath,

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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 one secretary whose salary shall be set by the governing authority. 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 secretary, to prescribe duties and assignments, and to remove or replace such employee 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, 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 purposes. Section 6 . This Act shall become effective on January 1, 1981. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Request Local Legislation. Notice is hereby given that a request has been made for the introduction of local legislation in the 1979 General Assembly of Georgia to change the method of payment of the Pierce County Clerk of the Court from a fee system to a salary, and for other purposes. Pierce County Commissioners

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James C. Moore 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 Blackshear Times which is the official organ of Pierce County, on the following dates: January 18, 1979, January 25, 1979 and February 1, 1979. /s/ James C. Moore Representative, 152nd District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. RICHMOND COUNTYBOARD OF EDUCATION. No. 267 (House Bill No. 719). AN ACT To amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga.

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Laws 1949, p. 1435), and an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), so as to provide for the residency requirement for qualification to run for members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), and an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), is hereby amended by striking the second paragraph of Section 1 of said Act in its entirety and inserting in lieu thereof a new second paragraph of Section 1, to read as follows: They shall be bona fide residents of the district or ward for which they are a candidate for a period of at least one year and shall also be a bona fide resident of Richmond County for a period of not less than two years preceding their election. They shall be eligible to vote in the election for which they are a candidate; they shall be elected by the qualified voters in the County of Richmond voting at large. The election for members of the board of education shall be held on the first Tuesday after the first Monday in November. At least fifty (50) days prior to the date of said election every person hereinafter intending to become a candidate for membership on the board of education shall file in the office of the Board of Elections of Richmond County, with an employee of said office, a declaration of said intentions, stating in addition the ward or district in which said candidate resides and for which ward or district he is a candidate to represent. Section 2 . This Act shall become effective on the first 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 1979 Session of the General Assembly of Georgia, a bill to amend an Act entitled An Act to Regulate Public Instruction in the county of Richmond approved August 23, 1872, (Ga. L. 1872, p. 456-463); as amended, particularly by an act Richmond County Education System, approved February 25, 1949, (Ga. L. 1949, p. 1435-1460); and as amended, particularly by an Act entitled Richmond County, Educational Laws Amended, approved March 21, 1974, (Ga. L. 1974, p. 2545-2573); so as to provide for the reorganization of the County Board of Education of Richmond County; for the changing of the wards and districts from which members of the Board are presently elected to either legislative districts or more suitable alternate districts or a combination thereof; to provide that said members be elected at-large or from single member districts, or a combination thereof; to provide for the effective date thereof; to provide for the number of members of said Board and their method of election following said reorganization; to provide for the terms of office, qualification, residency requirements, vacancies, fees and all other necessary matters; and to provide that all members elected on the first Tuesday after the first Monday in November, 1979, and thereafter under the provisions of the present charter governing the School Board, may be subject, without referendum, to having their term of office be less than four years in the event the Board is reorganized prior to November 1, 1982, and for other similar purposes. This 29th day of December, 1978. /s/ G. F. Daniel, Jr. Representative, 88th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. F. Daniel, 332 State Capitol, Atlanta, Georgia, 30334, who, on oath, deposes and says that he is Representative from the 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, Georgia on the following dates: January 4, 11, 18, 1979. /s/ G. F. Daniel Representative, 88th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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McDUFFIE COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 269 (House Bill No. 721). AN ACT To amend an Act placing the county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. Laws 1959, p. 2568), as amended, so as to change the compensation provisions relating to the Sheriff and the Clerk of the Superior Court of McDuffie 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 county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. Laws 1959, p. 2568), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The Clerk of the Superior Court of McDuffie County shall receive a salary of $15,000.00 per annum. The clerk shall be authorized to employ one deputy clerk and a clerical assistant who shall receive an annual salary to be fixed by the governing authority of McDuffie County but which shall not be less than $4,800.00 and $3,600.00 per annum, respectively. The clerk shall have the sole power and authority to employ and discharge such personnel within his office. The clerk of the superior court shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1980, if the Consumer Price Index, as determined

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and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the clerk shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding five percent. For the purposes of this Section only, the `base salary' of the clerk shall be computed at $15,000.00 January 1, 1980, and thereafter shall be computed at $15,000.00 plus cost-of-living increases which have been made in prior years; provided, however, that the total annual salary of the clerk of the superior court shall not exceed $20,000.00. Section 2 . Said Act is further amended by striking in its entirety the first sentence of Section 3 and inserting in lieu thereof a new sentence to read as follows: The Sheriff of McDuffie County shall receive an annual salary of $16,000.00, payable in equal monthly installments. Section 3 . Said Act is further amended by striking from Section 3 the following paragraph: The sheriff shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1978, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the sheriff shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding 5%. For the purposes of this section only, the `base salary' of the sheriff shall be computed at $13,000.00 January 1, 1978, and thereafter shall be computed at $13,000.00 plus cost-of-living increases which have been made in prior years.,

Page 3996

and inserting in lieu thereof a new paragraph to read as follows: The sheriff shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1980, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the sheriff shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding five percent. For the purposes of this Section only, the `base salary' of the sheriff shall be computed at $16,000.00 January 1, 1980, and thereafter shall be computed at $16,000.00 plus cost-of-living increases which have been made in prior years; provided, however, that the total annual salary of the sheriff shall not exceed $21,000.00. Section 4. This Act shall become effective on July 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 hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act placing the county officers of McDuffie County upon annual salary, approved March 9, 1959 (Ga. Laws 1959, p. 2568), as amended, so as to change the compensation of the Sheriff, the Clerk

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of the Superior Court, and Judge of the Probate Court; and for other purposes. This 5th day of January, 1979. /s/ Warren D. Evans Representative, 84th District /s/ William S. Jackson Representative, 77th District /s/ Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans who, on oath, deposes and says that he/she is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 11, 18, 25, 1979. /s/ Warren D. Evans Representative, 84th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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McDUFFIE COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS. No. 270 (House Bill No. 722). AN ACT To amend an Act repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, so as to change the compensation of the chairman of said board; to provide for a maximum salary; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The chairman of the board shall receive a salary of fifteen thousand ($15,000.00) dollars per annum to be paid in equal monthly installments from the funds of McDuffie County, and the chairman shall devote full time to the duties of his office. The chairman shall receive, in addition to such salary, an expense allowance of two thousand ($2,000.00) dollars per annum, payable in equal monthly installments from the funds of McDuffie County. The remaining two members of the board shall each receive a salary of twelve hundred ($1,200.00) dollars per annum to be paid in equal monthly installments from the funds of McDuffie County. The remaining members shall each receive, in addition to such

Page 3999

salary, an expense allowance of two hundred ($200.00) dollars per annum. The chairman shall also receive an annual cost-of-living increase as follows: On the first day of January of each year, beginning in 1980, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing compensation of the chairman, excluding any expense allowance, shall be increased by the amount which results from multiplying the existing base salary by the percentage increase in the Consumer Price Index, not exceeding five percent. For the purposes of this Section only, the `base salary' of the chairman shall be computed at $15,000.00, January 1, 1980, and thereafter shall be computed at $15,000.00 plus cost-of-living increases which have been made in prior years; provided, however, that the total annual salary of the chairman, excluding the expense allowance, shall not exceed $20,000.00. Section 2. This Act shall become effective on July 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 1979 session of the General Assembly of Georgia a bill to amend an

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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 compensation of the chairman; and for other purposes. This 5th day of January, 1979. /s/ Warren D. Evans Representative, 84th District /s/ William S. Jackson Representative, 77th District /s/ Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans who, on oath, deposes and says that he/she is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 11, 18, 25, 1979. /s/ Warren D. Evans Representative, 84th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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FORSYTH COUNTYPOLICE POWERS, ETC. No. 271 (House Bill No. 724). AN ACT To amend an Act to create a Board of Commissioners for Forsyth County, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, so as to provide for the delegation of police powers of the State with respect to persons and property situated within the County of Forsyth and without the territorial limits of any municipality in said county; to provide for the exercise of such powers; to provide for ordinances, resolutions, rules, and regulations respecting persons or property and all other matters and things affecting good government of said county as the said board shall deem requisite and proper for the security, welfare, health, and convenience of said county and for the preservation of the peace and good order of said county; to provide for certain violations and the punishment thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create a Board of Commissioners for Forsyth County, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, is hereby amended by adding between Sections 12 and 13 a new Section, to be designated Section 12.1, to read as follows: Section 12.1. (a) The Board of Commissioners of Forsyth County is hereby delegated the police powers of the State with respect to persons and property situated within the County of Forsyth, except with respect to those persons or property situated within the territorial limits of any municipality in such county, and in the exercise of such powers is expressly authorized and empowered to make and establish by ordinance or resolution such rules

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and regulations respecting persons or property and all other matters and things affecting the good government of the county as it shall deem requisite and proper for the security, welfare, health, and convenience of said county and for the preservation of the peace and good order of the same; provided, such ordinance or resolution, the violation of which is intended by said board to subject the violator thereof to the punishment provided in subsection (b) of this Section, shall be designated as such and shall be read at no less than two (2) consecutive regular meetings of said board before said ordinance or resolution shall constitute a legal basis for the prosecution of any such violator under said subsection (b). (b) Any person, firm, or corporation violating any rule, regulation, ordinance, or resolution made by said board of commissioners and established pursuant to the powers authorized by subsection (a) of this Section shall be guilty of a misdemeanor, amenable to the processes of the Superior Court of Forsyth County or the State Court of Forsyth County and, upon conviction of such misdemeanor, shall be punished by a fine not to exceed $ 100.00 or by confinement in the county jail or correctional institution not to exceed three (3) months, either fine or confinement, or both, in the discretion of the court. (c) The powers herein conferred are not to be construed as exhaustive of or in conflict with other powers heretofore conferred upon the Board of Commissioners of Forsyth County but, on the contrary, shall be construed as cumulative and in aid of such other powers. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill granting police power to Forsyth County, which would authorize the governing authority of Forsyth County to enact ordinances for the governing and policing agencies of Forsyth County for the purpose of protecting the health, safety, welfare, and morals of the citizens of Forsyth County. /s/ Honorable Jerry D. Jackson Representative 9th District /s/ Honorable Joe T. Wood Representative 9th District /s/ Honorable Bobby Lawson Representative 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 Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: January 24, 1979, January 31, 1979 and February 7, 1979. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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PIKE COUNTYTAX COMMISSIONER'S COMPENSATION. No. 272 (House Bill No. 725). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. Laws 1967, p. 2448), as amended, so as to change the compensation provisions relating to the tax commissioner; to provide for increases in compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. Laws 1967, p. 2448), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The Tax Commissioner of Pike County shall receive an annual salary of $ 14,000.00, payable in equal monthly installments from county funds; provided, however, that the salary shall be changed as hereafter provided. (b) The salary of the tax commissioner shall be increased when necessary such that the tax commissioner shall receive an annual salary equal to the highest minimum salary now or hereafter provided by general law for the Sheriff, Judge of the Probate Court or Clerk of the Superior Court of Pike County. Longevity increases shall be used in determining the highest minimum salary of any such officer. (c) After January 1, 1979, any increase in the salary of the tax commissioner resulting from a change in the salary of another officer shall become effective on the date that the change in the salary of such other officer becomes effective. 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, pursuant to a Resolution of the Board of Commissioners of Pike County, there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. Laws 1967, p. 2448), as amended; and for other purposes. This 15th day of January, 1979. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Janice Horton 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 18, 25, 1979 and February 1, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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PIKE COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 273 (House Bill No. 726). AN ACT To amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 23, 1977 (Ga. Laws 1977, p. 3934), so as to change the compensation provisions relating to the judge of the probate court; to provide for increases in compensation; to change the provisions relating to fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present mode of compensating the Judge of the Probate Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 23, 1977 (Ga. Laws 1977, p. 3934), 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 Pike County shall receive an annual salary of $14,000.00, payable in equal monthly installments from county funds; provided, however, that the salary shall be changed as hereafter provided. (b) The salary of the judge of the probate court shall be increased when necessary such that the judge of the probate court shall receive an annual salary equal to the highest minimum salary now or hereafter provided by general law for the Sheriff, Clerk of the Superior Court or Tax Commissioner of Pike County. Longevity increases shall be used in determining the highest minimum salary of any such officer.

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(c) After January 1, 1979, any increase in the salary of the judge of the probate court resulting from a change in the salary of another officer shall become effective on the date that the change in the salary of such other officer becomes effective. 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. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity; and shall receive and hold the same in trust for said county as public monies; and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the 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 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that, pursuant to a Resolution of the Board of Commissioners of Pike County, there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act abolishing the present mode of compensating the

Page 4008

Judge of the Probate Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 23, 1977 (Ga. Laws 1977, p. 3934); and for other purposes. This 15th day of January, 1979. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Janice Horton 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 18, 1979, January 25, 1979, February 1, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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PIKE COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 274 (House Bill No. 727). AN ACT To amend an Act abolishing the present mode of compensating the Clerk of the Superior Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 30, 1977 (Ga. Laws 1977, p. 4448), so as to change the compensation provisions relating to the clerk of the superior court; to provide for increases in compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the present mode of compensating the Clerk of the Superior Court of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 30, 1977 (Ga. Laws 1977, p. 4448), 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 the Superior Court of Pike County shall receive an annual salary of $14,000.00, payable in equal monthly installments from county funds; provided, however, that the salary shall be changed as hereafter provided. (b) The salary of the clerk of the superior court shall be increased when necessary such that the clerk of the superior court shall receive an annual salary equal to the highest minimum salary now or hereafter provided by general law for the Sheriff, Judge of the Probate Court or Tax Commissioner of Pike County. Longevity

Page 4010

increases shall be used in determining the highest minimum salary of any such officer. (c) After January 1, 1979, any increase in the salary of the clerk of the superior court resulting from a change in the salary of another officer shall become effective on the date that the change in the salary of such other officer becomes effective. 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, pursuant to a Resolution of the Board of Commissioners of Pike County, there will be introduced at the regular 1979 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 of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 30, 1977 (Ga. Laws 1977, p. 4448); and for other purposes. This 15th day of January, 1979. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Janice Horton Senator, 17th District

Page 4011

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 18, 25, 1979, February 1, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4012

PIKE COUNTYSHERIFF'S SALARY. No. 275 (House Bill No. 728). AN ACT To amend an Act abolishing the present mode of compensating the Sheriff of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2438), so as to change the compensation provisions relating to the sheriff; to provide for increases in salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present mode of compensating the Sheriff of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2438), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The Sheriff of Pike County shall receive an annual salary of $14,000.00, payable in equal monthly installments from county funds; provided, however, that the salary shall be changed as hereafter provided. (b) The salary of the sheriff shall be increased when necessary such that the sheriff shall receive an annual salary equal to the highest minimum salary now or hereafter provided by general law for the Clerk of the Superior Court, Judge of the Probate Court or Tax Commissioner of Pike County. Longevity increases shall be used in determining the highest minimum salary of any such officer. (c) After January 1, 1979, any increase in the salary of the sheriff resulting from a change in the salary of another officer shall become effective on the date that the change in the salary of such other officer becomes effective. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4013

Notice of Intention to Introduce Local Legislation. Notice is hereby given that, pursuant to a Resolution of the Board of Commissioners of Pike County, there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act abolishing the present mode of compensating the Sheriff of Pike County, known as the fee system, and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2438); and for other purposes. This 15th day of January, 1979. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Janice Horton 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 18, 1979, January 25, 1979, February 1, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4014

HANCOCK COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 276 (House Bill No. 732). 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), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4477), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3435), so as to change the amount of cost of service; to change the provisions relating to garnishment; to provide for the service of summons of garnishment; to change the provisions relating to contempt of court and the punishment therefor; to change the provisions relating to the fees of bailiffs or sheriffs for the execution of fi. fas.; to change the provisions relating to the rate of commission on judicial sales; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court of Hancock County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4477), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3435), is hereby amended by striking from Section 6 of said Act the following: (d) When served as provided, the actual cost of service shall be taxable as costs not to exceed $5.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs., and inserting in lieu thereof the following: (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.

Page 4015

Section 2. Said Act is further amended by striking Section 22, which reads as follows: Section 22. A summons of garnishment may be served by the sheriff or his deputies or by a lawful constable, or by a small claims court bailiff, or by the judge of the small claims court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by the United States Postal Authorities marked `refused', giving the date of refusal and be signed or initialed by a United States Post Office employee or United States Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be., in its entirety and inserting in lieu thereof a new Section 22 to read as follows: Section 22. A summons of garnishment shall be served on the garnishee and on the judgment debtor or defendant in accordance with the provisions of Georgia Code Title 46, relating to garnishment, as now or hereafter amended. Section 3. Said Act is further amended by striking Section 23, which reads as follows: Section 23. The judge of the small claims court of the county shall have the power to impose fines of not more than $10.00 or

Page 4016

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., 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 the county shall have the power to impose fines of not more than $50.00 or imprison for not longer than five days any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Section 4. Said Act is further amended by striking Section 24, which reads as follows: Section 24. The fee of bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage to be determined by the small claims court judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of $5.00., in its entirety and inserting in lieu thereof a new Section 24 to read as follows: Section 24. The fee of bailiff or sheriff for the execution of a fi. fa. shall be $9.00, 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 $10.00. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4017

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court of Hancock County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), as amended; and for other purposes. This 3rd day of January, 1979. /s/ E. R. Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 11, 18, 1979 and February 1, 1979. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4018

CITY OF MADISONCHARTER AMENDED. No. 277 (House Bill No. 733). AN ACT To amend an Act creating a new Charter for the City of Madison, approved October 6, 1891 (Ga. Laws 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved August 10, 1921 (Ga. Laws 1921, p. 1003), and an Act approved February 2, 1976 (Ga. Laws 1976, p. 2504), so as to change the number of members of the city council; to change the provisions relating to the election of the mayor and city councilmen; to provide for election districts; to provide for vacancies and the filling thereof; to provide for qualifications of candidates; to provide for practices and procedures; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the City of Madison, approved October 6, 1891 (Ga. Laws 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved August 10, 1921 (Ga. Laws 1921, p. 1003), and an Act approved February 2, 1976 (Ga. Laws 1976, p. 2504), is hereby amended by striking from Section III of said Act the following: four aldermen, and inserting in lieu thereof the following: five councilmen, so that when so amended Section III shall read as follows: Section III. Be it further enacted, that the corporate powers and municipal government of said city shall vest in and consist of a mayor and five councilmen who are hereby constituted a body corporate and politic under the name and style of the mayor and city council of Madison, and by that name shall succeed to all the rights and liabilities of the corporation of the City of Madison, as heretofore

Page 4019

existing; that said municipal government shall have perpetual succession, and shall have power and authority to make, ordain, and establish, from time to time, such bylaws, ordinances, resolutions, rules, and regulations as shall appear to them necessary and proper for the good government, security, and interest of said city and the inhabitants thereof, and for preserving the health, morals, peace, and good order of the same, not in conflict with the Constitution and laws of this State or of the United States, and shall have power and authority, in and by said corporate name, to borrow money for city improvements and repairs, and to contract and be contracted with; to sue and be sued; plead and be impleaded in any of the courts of this State; to have and use a common seal; to hold all property, real and personal, now belonging to the City of Madison to the use of said city for the purposes and interest for which the same were granted or dedicated; to acquire by gift or purchase, or otherwise, and to retain to them and their successors for the use of said City of Madison any other real or personal property within or without the territorial and jurisdictional limits of said city as may by them be deemed necessary or proper for corporate purposes; and to use, manage, improve, sell, convey, rent, or lease any or all of said property as may be deemed advisable for corporate interest. Section 2. Said Act is further amended by striking Section IV in its entirety and inserting in lieu thereof a new Section IV to read as follows: Section IV. (a) For the purpose of electing members of the city council, the City of Madison is hereby divided into three election districts, to be designated Election District No. 1, Election District No. 2, and Election District No. 3, as follows: (1) Election District No. 1 shall include all that territory lying within the following described boundaries: Beginning at the point where W. Washington Street intersects the Madison City limits; from that point southeast along the center line of W. Washington Street until it intersects with N. Second Street; from that point north along the center line of N. Second Street until it intersects with Burney Street; from that point west along the center line of Burney Street until it intersects with the Georgia Railroad track; from that point north along the center line of the Georgia Railroad track until it intersects with North Avenue;

Page 4020

from that point southeast along the center line of North Avenue until it intersects with North Main Street; and from that point north along the center line of North Main Street until it intersects with Madison City limits. (2) Election District No. 2 shall include all that territory lying within the following described boundaries: Beginning at the point where College Drive intersects the Madison City limits; from that point west along the centerline of College Drive until it intersects Harris Street; from that point south along the centerline of Harris Street until it intersects East Avenue; from that point southwest along the centerline of East Avenue until it becomes Hancock Street; from that point south along the centerline of Hancock Street until it intersects E. Washington Street; from that point east along the centerline of E. Washington Street until it intersects Popular Street; from that point south along the centerline of Popular Street until it intersects Foster Street; from that point west along the centerline of Foster Street until it intersects South Main Street; from that point south along the centerline of South Main Street until it intersects with Park Lane; from that point east along the centerline of Park Lane until the end of Park Lane; from that point east (along a line which does not lie along a designated street) to Maxey's Lane; from that point south along the centerline of Maxey's Lane until it intersects with Crawford Street; from that point west along the centerline of Crawford Street until it intersects with South Main Street; from that point south along the centerline of South Main Street until it intersects with South Avenue; and from that point south along the centerline of South Avenue until it intersects with the Madison City limits. (3) Election District No. 3 shall contain all that territory and area within the city limits of Madison which is not included within Election Districts No. 1 and No. 2 described above. (b) Regular municipal elections for the City of Madison shall be held on the third Tuesday in March of each odd-numbered year. Persons elected to the office of mayor or councilman in such municipal elections shall take office on the first day of April following their election and shall serve for terms of office of four years each and until their respective successors are duly elected and qualified. The mayor and councilmen shall each be elected by majority vote of the

Page 4021

qualified electors voting in their respective elections. If no candidate for a particular office receives a majority of the votes cast for all candidates for such office, a run-off election shall be held as provided in Code Title 34A, the Georgia Municipal Election Code, as amended. At the first meeting of the mayor and council of said city after each election or as soon as practicable thereafter, one of such councilmen shall be elected by the mayor and council to serve as mayor pro tempore for a term of office of two years and until his successor is duly elected and qualified. (c) At the regularly scheduled municipal election to be held on the third Tuesday in March 1979, there shall be elected three councilmen to succeed the two councilmen whose terms expire on April 1, 1979. One of such councilmen shall be elected from Election District No. 1 by the electors residing within Election District No. 1. One of such councilmen shall be elected from Election District No. 2 by the electors residing within Election District No. 2. The third councilman to be elected in the 1979 election shall be elected from the city at large by the electors of the entire city. (d) At the regularly scheduled municipal election to be held in 1981, there shall be elected two councilmen and a mayor to succeed the two councilmen and the mayor whose terms of office expire in 1981. One of the councilmen to be elected in the 1981 election shall be elected from Election District No. 3 by the qualified electors residing within Election District No. 3. The other councilman shall be elected from the city at large by the qualified electors of the entire city. The mayor shall be elected from the city at large by the qualified electors of the entire city. (e) Councilmen elected from election districts must reside within the district from which they are elected. Candidates for the office of councilman from an election district shall certify at the time of their qualification as candidates that they are residents of the election district from which they seek election. The two councilmen elected from the city at large may reside anywhere within the city and shall be elected by the qualified electors of the entire city. Successors to the mayor and councilmen elected as provided in subsections (c) and (d) shall be elected in the municipal election immediately preceding the expiration of the respective terms of office.

Page 4022

(f) In the event that a member of the city council who is elected from Election District No. 1, Election District No. 2, or Election District No. 3 moves his residence from the district from which he was elected during his term of office, such office shall immediately become vacant, and such vacancy shall be filled as otherwise provided by this charter for the filling of a vacancy. Section 3. Said Act is further amended by striking Section XIV, which reads as follows: Section XIV. Be it further enacted, that no person shall be eligible to the office of Mayor of the City of Madison unless he shall be a qualified voter of the said city at the time of his election, over twenty-five years of age, a freeholder of property located in said city and shall have resided in said city three years immediately preceding his election. The qualifications of an Alderman of said city, otherwise known as Councilman, shall be the same as those of the Mayor., in its entirety and inserting in lieu thereof a new Section XIV to read as follows: Section XIV. Be it further enacted that no person shall be eligible to the office of Mayor of the City of Madison unless he shall be a qualified voter of the city at the time of his election, over 25 years of age, and shall have resided in the city for three years immediately preceding his election. No person shall be eligible to the office of city councilman unless he shall be a qualified voter of the city at the time of his election, over 25 years of age, and a resident of the city and election district, if applicable, at the time he qualifies as a candidate for election. Section 4. This Act shall become effective immediately upon approval of the Governor or upon its otherwise becoming law without his approval, except the provisions of Section 1 of this Act which shall become effective on April 1, 1979. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4023

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 General Assembly of Georgia, a bill to be entitled An Act to amend an Act creating a new Charter for the City of Madison, approved October 6, 1891 (Ga. Laws 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved August 10, 1921 (Ga. Laws 1921, p. 1003), and an Act approved February 2, 1976 (Ga. Laws 1976, p. 2504), so as to change the number of members of the city council; to change the provisions relating to the election of city councilmen; to provide for election districts; to provide for vacancies and the filling thereof; to provide for qualifications of candidates; to provide for practices and procedures; to provide for effective dates; to repeal conflicting laws; and for other purposes. This 8th day of January, 1979. /s/ E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/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 11, January 18, 1979 and January 25, 1979. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4024

LONG COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 278 (House Bill No. 734). 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), as amended, 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 Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4022), as amended, is hereby amended by striking from Section 2 of said Act the following: $8,000.00, and substituting in lieu thereof the following: $10,500.00, so that when so amended, Section 2 of said Act shall read as follows: Section 2. The judge of the probate court shall receive an annual salary of $10,500.00, payable in equal monthly installments from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4025

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the State Legislation a bill to change the Compensation of the Judge of Probate Court of Long County. /s/ Thomas B. Clifton Representative of Long County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton 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 Ludowici News which is the official organ of Long County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ Thomas B. Clifton Representative, 121st District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4026

STATE COURT OF TATTNALL COUNTYJUDGE'S COMPENSATION, ETC. No. 279 (House Bill No. 735). AN ACT To amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), approved August 22, 1905 (Ga. Laws 1905, p. 335), as amended, so as to change the compensation of the judge of the State court; to provide an allowance for a clerical assistant; to change the compensation and title of the district attorney for the State court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), approved August 22, 1905 (Ga. Laws 1905, p. 335), as amended, is hereby amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Be it further enacted by the Authority aforesaid, that there shall be a judge of said court, who shall be elected by the qualified voters of the county of Tattnall, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections and shall serve until the election and qualification of his successor. The first election for said judge shall be held at the general election in October, 1910, under the same rules and regulations governing the election of members of the General Assembly; and the judge elected on said date shall go into office on the first day of January, 1911, and hold his office for a period of four years, and until his successor is elected and qualified. His successors shall be elected at the general election for members of the General Assembly every four years thereafter and go into office on the first day of January after he is elected. Immediately after this Act is approved by the Governor of this State, the said Governor

Page 4027

shall appoint a judge of said court to serve from the time of his appointment until the first day of January, 1911. The said appointment shall be with the advice and consent of the Senate; provided, that the Senate is in session, and if it is not in session, there shall be a vacation appointment to hold until the next session of the Senate. The qualification of said judge shall be that he has been a practicing attorney for two years and a resident of Tattnall County for four years immediately preceding his appointment or election as judge of said court and shall, before entering upon the discharge of his duties, take and subscribe the following oath: `I do solemnly swear that I will administer justice without respect of person, and do equal justice alike to rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the State Court of Tattnall County of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States; so help me, God.', which oath shall be filed with the Executive Department. Effective July 1, 1979, the judge of the State court shall receive an annual salary of $10,000.00, payable in equal monthly installments from the funds of Tattnall County. The judge of said court shall receive no other compensation for his services. He shall not be permitted to practice law in his own court, but he may practice in any other court. The governing authority of Tattnall County shall also make available to the judge of the State court the sum of $1,200.00 annually for the purpose of compensating any clerical assistant which the judge of the State court shall appoint in order to assist him with the performance of his official duties. Section 2. Said Act is further amended by striking Section 6 of said Act in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. (a) Effective July 1, 1979, the solicitor of the State court shall receive an annual salary of $10,000.00, payable in equal monthly installments from the funds of Tattnall County. In addition to the aforementioned salary, the governing authority of Tattnall County shall make available to the solicitor of the State court the sum of $1,800.00 per annum for the purpose of compensating any clerical assistant which the solicitor of the State court shall appoint in order to assist him with the performance of his official duties. All fees, fines, forfeitures, costs and commissions

Page 4028

formerly allowed the solicitor of the State court as compensation for his services as such shall become the property of Tattnall County and shall be promptly turned over to the fiscal authorities of Tattnall County as public monies. (b) In the absence or disqualification of the solicitor of the State court, the judge of the State court shall appoint a solicitor of the State court pro tem, who shall receive such compensation for his services as such as shall be fixed by the judge. Such compensation, however, shall not exceed that compensation which the solicitor of the State court receives. Section 3. This Act shall become effective July 1, 1979. 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 1979 Session of the Georgia General Assembly, a Bill to amend an Act establishing the State Court of Tattnall County approved August 22, 1905 (Ga Laws 1905, Page 335); for other purposes. This the 16th day of January, 1979. /s/ Frank McCall Chairman, Tattnall County Commissioners

Page 4029

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. 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 The Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 18, 25, 1979 and February 1, 1979. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4030

LONG COUNTYSHERIFF'S SALARY. No. 280 (House Bill No. 736). 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, 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 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, is hereby amended by striking from the first undersignated paragraph of Section 1 of said Act the following: eight thousand ($8,000.00), and substituting in lieu thereof the following: twelve thousand five hundred ($12,500.00), so that when so amended, the first undersignated paragraph of Section 1 of said Act shall read as follows: The Sheriff of Long County shall receive a salary of twelve thousand five hundred ($12,500.00) dollars per annum, payable in equal monthly installments out of the funds of Long County. Any funds, except the salary provided, collected under the color of the sheriff's office shall be county funds and accounted accordingly. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4031

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the State Legislation, a bill to change the Compensation of the Sheriff of Long County. /s/ Thomas B. Clifton Representative of Long County Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton 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 The Ludowici News which is the official organ of Long County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4032

MONROE COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 281 (House Bill No. 737). AN ACT To amend an Act placing the Judge of the Probate Court of Monroe County on an annual salary, approved March 30, 1977 (Ga. Laws 1977, p. 4388), so as to provide that the Board of Commissioners of Monroe County shall have the power to increase but not to decrease the salary of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Monroe County on an annual salary, approved March 30, 1977 (Ga. Laws 1977, p. 4388), is hereby amended by adding between Sections 2 and 3 a new Section 2A, to read as follows: Section 2A. The Board of Commissioners of Monroe County shall have the authority to fix the salary of the Judge of the Probate Court of Monroe County at an amount equal to or greater than, but not less than, the amount specified in Section 2 of this Act. 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 1979 session of the General Assembly of Georgia local legislation to amend an Act removing the Judge of the Probate Court of Monroe County from the fee system and providing in lieu thereof an annual salary; and for other purposes. This 22nd day of January, 1979. /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 Monroe County Reporter which is the official organ of Monroe County, on the following dates: January 24, 31, 1979, and February 7, 1979. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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MONROE COUNTYOFFICE OF TREASURER ABOLISHED. No. 282 (House Bill No. 738). AN ACT To provide that after the term of office of the present Treasurer of Monroe County then said office shall be abolished and its functions shall devolve upon the governing authority of Monroe County; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective at the expiration of the term of office of the present Treasurer of Monroe County, or if a vacancy should occur therein prior to such expiration, said office shall be abolished and the duties, responsibilities, powers and functions of said office shall devolve upon the governing authority of Monroe County. Section 2. All county funds which were paid to the treasurer before the abolition of that office shall be paid to the clerk of the Board of Commissioners of Monroe County and shall be deposited by said Commissioners or by said clerk at the direction of the Commissioners in a chartered bank or chartered banks which have been appointed by the Board as a depository or depositories of all funds of Monroe County. The duties of the Treasurer of Monroe County, after the abolition of that office, shall be exercised by the clerk of the Board of Commissioners of Monroe County for said Board. Section 3. Said county depository or depositories shall not pay out any of such county funds so deposited except on warrant, check or other order signed by a majority of the members of the Board of Commissioners or their designee.

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Section 4. Said depository or depositories shall furnish to the Board of Commissioners at the end of each month a statement as to each account maintained with such depository, showing the amount of funds deposited and paid out during the month and the balance remaining on deposit, and shall furnish with the same all warrants, checks or other orders for the payment of money which have been paid during said month. Additional statements shall be furnished from time to time upon request of said Board of Commissioners. Section 5. Said depository or depositories shall receive no compensation for acting as such depository. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia local legislation to abolish the office of County Treasurer for Monroe County; to provied for other matters relative to the foregoing and; for other purposes. This 22nd day of January, 1979. /s/ Benson Ham Representative, 80th District

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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 24, 31, 1979, February 7, 1979. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF ATLANTA GROUP INSURANCE BOARD AUTHORITY ACT. No. 283 (House Bill No. 740). AN ACT To create the City of Atlanta Group Insurance Board Authority as a public corporation and an instrumentality of the State; to authorize it to hold, own and convey real and personal property and to sue and be sued; to authorize it to enter into intergovernmental contracts and contracts with private persons; to authorize it to enter into contracts and leases and to compromise claims and convey property no longer needed by it; to authorize it to accept grants and gifts; to authorize it to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the appointment, qualification and tenure of the Commissioners of the City of Atlanta Group Insurance Board Authority; to provide for the time and place of the meeting of the Commissioners of the City of Atlanta Group Insurance Board Authority; to provide for the keeping of the minutes and records of the City of Atlanta Group Insurance Board Authority; to authorize the City of Atlanta Group Insurance Board Authority to acquire, construct, equip, maintain and operate projects; to authorize said Authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; to fix the venue of actions relating to any provision of this Act; to provide for contracts between the Authority and the United States, the State, or any political subdivision thereof; to confine the activities of the Authority to the City of Atlanta; to prohibit the Authority from levying any tax; to provide for the separate enactment of each provision of this Act and for the repeal of all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the City of Atlanta Group Insurance Board Authority Act. Section 2. 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

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Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1976, relating to publication of notice of intent to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 3. City of Atlanta Group Insurance Board Authority Created. There is hereby created a body corporate and politic to be known as the City of Atlanta Group Insurance Board Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title to be known. Said corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. All property owned by said corporation shall be public property held and owned for governmental purposes and shall be exempt from taxation. Section 4. General Powers. The City of Atlanta Group Insurance Board Authority shall have the power: (a) To hold, own and convey real and personal property; (b) To sue and be sued; (c) To have and to use seal and to alter the same at pleasure; (d) To acquire, construct, purchase, own, equip, operate, extend, improve, lease and sell any project as hereinafter defined; (e) To exercise the powers conferred upon a public corporation or authority by Article IX, Section VI, paragraph I of the Constitution of Georgia, said Authority being hereby expressly declared to be a public corporation or authority within the meaning of said portion of the Constitution of Georgia; (f) To accept gifts and bequests for its corporate purposes;

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(g) To appoint, select, and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents, and attorneys, and to fix their compensation; (h) To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for the construction or improvement or extension of any project as hereinafter defined; (i) To cancel contracts, to compromise claims against itself, and to dispose of and convey property not required by it for its corporate purposes upon such terms as it may in its discretion deem best; (j) To accept loans and grants of money on property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (k) To employ the services of any State or national bank having an office within the City of Atlanta as custodian of the funds belonging to it and as collecting and disbursing agent for any funds belonging to or held by it; (l) To make such rules and regulations with respect to the use by the public of any property owned by it as it shall in its discretion deem proper; (m) To make such rules and regulations governing its employees and property as it may in its discretion deem proper. Section 5. Commissioners; Meetings; Officials; Minutes and Records. (a) The City of Atlanta Group Insurance Board Authority shall be governed by, and its powers shall be exercised by, eighteen (18) commissioners. Twelve (12) commissioners shall be elected for staggered terms of four (4) years, as follows: two (2) by employees of the City of Atlanta's Department of Environment and Streets, two (2) by employees of the City of Atlanta's Department of Public Safety, six (6) by officers and employees of the Atlanta Board of Education, and two (2) by officers and employees of the City of Atlanta outside the departments, bureaus and offices set forth above. In February 1980 and February of each even-numbered year thereafter, an election shall be held to fill the vacancies of those

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commissioners whose terms expire on the third Thursday of March of each such year. For the initial election of said commissioners, that comissioner of the two (2) comissioners elected by employees of the Department of Environment and Streets who receives the larger number of votes from said employees shall serve for a term of four (4) years, with the commissioner who receives the fewer number of votes from said employees serving for a term of two (2) years. That commissioner of the two (2) commissioners elected by employees of the Department of Public Safety who receives the larger number of votes from said employees shall serve for a term of four (4) years, with the commissioner who receives the fewer number of votes from said employees serving for a term of two (2) years. Those three (3) comissioners of the six (6) commissioners elected by officers and employees of the Atlanta Board of Education who receive the highest number of votes from said officers and employees shall serve for terms of four (4) years with those three (3) commissioners who receive the fewest votes from said officers and employees serving for terms of two (2) years. That commissioner of the two (2) commissioners elected by officers and employees of other departments, bureaus and offices who receives the larger number of votes from said officers and employees shall serve for a term of four (4) years, with the commissioner who receives the fewer number of votes from said officers and employees serving for a term of two (2) years. One (1) commissioner shall be elected as chairperson of the board and one commissioner shall be elected as vice-chairperson of the board for terms of two (2) years by the twelve elected members of the board of commissioners from among their number; provided that said chairpersonship and vice-chairpersonship shall be held by a representative of City of Atlanta officers and employees and a representative of Atlanta Board of Education officers and employees on an alternating basis. If said chairperson or vice-chairperson is a licensed insurance agent or counselor, he or she shall not be affiliated with any insurance company with which the board of commissioners shall maintain insurance coverage for its officers and employees. The remaining six (6) commissioner positions shall be ex officio, nonvoting positions and shall be filled by the City of Atlanta's Commissioner of Finance, who also shall serve as Secretary-Treasurer of said board, Director of Purchasing and Real Estate, and Director of Personnel, and the Atlanta Board of Education's Comptroller, Purchasing Agent and Personnel Director. Said board shall be required to meet at least twice each year. A majority of the voting members shall constitute a quorum for meeting purposes.

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Said board shall have the power to adopt bylaws putting into effect these provisions and other provisions relating to meetings of the board, the filling of vacancies occurring on said board, and such other matters pertaining to the management of group insurance as may properly come under its supervision. Said board, exclusive of those commissioners representing officers and employees of the Atlanta Board of Education, shall also manage the hospitalization and major medical insurance for the officers and employees of the City of Atlanta, including the power to adopt bylaws relating to meetings, election of officers, and such other matters relating to the management of group hospitalization and major medical insurance as may properly come under its supervision. (b) Minutes of each meeting of the commissioners of the Authority shall be kept under the supervision of the chairperson. Such minutes shall constitute public records and shall be filed in the office of the Clerk of Council of the City of Atlanta. Such additional records of the funds, property and actions of the Authority, as may be required by the commissioners, shall be kept at such place or places as may be designated by the commissioners from time to time. Section 6. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the City of Atlanta Group Insurance Board Authority created in Section 3 of this Act. (b) The word project shall include buildings and related facilities including driveways, walkways, parking lots and facilities and the land upon which the same are located. Section 7. Monies Received Considered Trust Funds. All monies received by the Authority pursuant to this Act, whether as proceeds from 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.

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Section 8. Rates, Charges and Revenues of Projects. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, rents and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collections of the revenues and income of such project or projects. Section 9. Projects Confined to City of Atlanta. The Authority shall not be authorized to acquire, construct, or extend any project wholly or partially outside the corporate limits of the City of Atlanta as now constituted. Section 10. Venue; Jurisdiction; Service. The principal office of the Authority shall be in Fulton County and the venue of any action against it shall be in Fulton County. Any action pertaining to the validation of any contract entered into by the Authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive original jurisdiction of any such action. Service upon the Authority of any process, subpoena or summons shall be effected by serving the same personally upon any commissioner of the Authority. Section 11. Authority Without Taxing Power. The Authority shall not have the right to impose any tax on any person or property. Section 12. Transfer of Funds. On the effective date of this Act, all funds, properties, both real and personal, and all other assets of the Atlanta Group Insurance Board of Trustees shall be transferred, set over, and confirmed by appropriate deeds and other instruments, to the City of Atlanta Group Insurance Board Authority, to the end that said Authority may carry out its corporate powers, purposes and objectives.

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Section 13. Present Board of Trustees to Constitute Board of Commissioners. On the effective date of this Act, all present members of the Atlanta Group Insurance Board of Trustees shall become Commissioners of the City of Atlanta Group Insurance Board Authority and shall continue to serve their present terms in accordance with a Charter Amendment adopted February 6, 1978, and approved February 14, 1978, said terms being set forth in Section 5 of this Act, and as if said terms have been continuous and uninterrupted from the dates of commencement of said terms. Section 14. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect nor impair any of the remaining provisions of this Act. Section 15. Repeal. All laws and parts of laws in conflict herewith are hereby repealed. Further, Appendix I (54) of the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq.) is hereby specifically repealed in its entirety. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1979 Session of the General Assembly of Georgia which has convened on Monday, January 8, 1979, the title of such bill to be as follows: An Act to create the City of Atlanta Group Insurance Board Authority as a public corporation and an instrumentality of the state; to authorize it to hold, own and convey real and personal property and to sue and be sued; to authorize it to enter into intergovernmental contracts and contracts with private persons; to authorize it to enter into contracts and leases and to compromise claims and convey

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property no longer needed by it; to authorize it to accept grants and gifts; to authorize it to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the appointment qualification and tenure of the Commissioners of the City of Atlanta Group Insurance Board Authority; to provide for the time and place of the meeting of the Commissioners of the City of Atlanta Group Insurance Board Authority; to provide for the keeping of the minutes and records of the City of Atlanta Group Insurance Board Authority; to authorize the City of Atlanta Group Insurance Board Authority to acquire, construct, equip, maintain and operate projects; to authorize said Authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; to fix the venue of actions relating to any provision of this Act; to provide for contracts between the Authority and The United States, The State, or any political subdivision thereof; to confine the activities of the Authority to The City of Atlanta; to prohibit the Authority from levying any tax; to provide for the separate enactment of each provision of this Act and for the repeal of all laws and parts of laws in conflict herewith; and for other purposes. This 18th day of January, 1979. /s/ William M. (Bill) Alexander Legislative Coordinator City of Atlanta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Bolster who, on oath, deposes and says that he/she is Representative from the 30th 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 18, 1979, January 25, 1979 and February 1, 1979. /s/ Paul Bolster Representative, 30th District

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Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Barbara H. Couch Notary Public, Georgia State at Large. My Commission Expires March 22, 1982 (Seal). Approved April 11, 1979. LONG COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 284 (House Bill No. 742). AN ACT To amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, 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 to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, is hereby amended by striking from Section 3 of said Act the following:

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$10,000.00, and substituting in lieu thereof the following: $12,500.00, so that when so amended, Section 3 of said Act shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $12,500.00, payable in equal monthly installments from the funds of Long 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 1979 Session of the State Legislation, a bill to change the Compensation of the Tax Commissioner of Long County. /s/ Thomas B. Clifton of Long County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. 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 Ludowici News

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which is the official organ of Long County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. LONG COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 285 (House Bill No. 743). 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.

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Laws 1975, p. 4028), as amended, 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 Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4028), as amended, is hereby amended by striking from Section 2 of said Act the following: $10,000.00, and substituting in lieu thereof the following: $12,500.00, so that when so amended, Section 2 of said Act shall read as follows: Section 2. The clerk of the superior court shall receive an annual salary of $12,500.00, payable in equal monthly installments from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the State Legislation, a bill to change the Compensation of the Clerk of Superior Court of Long County. /s/ Thomas B. Clifton Representative of Long County Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. 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 Ludowici News which is the official organ of Long County, on the following dates: January 25, 1979, February 1, 1979 and February 8, 1979. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COMPENSATION OF MEMBERS OF WATER AUTHORITIES IN CERTAIN COUNTIES (31,000-31,500). No. 286 (House Bill No. 745). AN ACT To provide that in each county of this State having a population of not less than 31,000 nor more than 31,500, according to the United States Decennial Census of 1970 or any future such census, the members of the county water authority shall be compensated in a certain manner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions of law, in each county of this State having a population of not less than 31,000 nor more than 31,500, according to the United States Decennial Census of 1970 or any future such census, the members of the county water authority shall be compensated in an amount not to exceed $50.00 per meeting, the exact amount to be determined by the members of said 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. Approved April 11, 1979.

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DAWSON COUNTYCOMPENSATION OF DEPUTY CLERK OF SUPERIOR COURT. No. 287 (House Bill No. 752). AN ACT To amend an Act placing the Clerk of the Superior Court and Judge of the 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 change the compensation of the deputy 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 and Judge of the 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 striking from Section 2A the following: $2,400, and substituting in lieu thereof the following: $4,800.00, so that when so amended, Section 2A shall read as follows: Section 2A. There is hereby created an office in Dawson County to be known as deputy clerk of the superior court, and the Clerk of the Superior Court of Dawson County is hereby authorized to appoint the deputy clerk of the superior court. The deputy clerk of the superior court shall serve at the pleasure of the clerk of the superior court, and he may be removed from office by the clerk of the superior court. The deputy clerk of the superior court shall have the same authority granted to clerks of superior courts by the laws of this State when acting on behalf and at the direction of the Clerk

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of the Superior Court of Dawson County. The qualifications of the deputy clerk of the superior court shall be the same as those prescribed for the clerk of the superior court, and he shall be required to take the same oath of office as the clerk of the superior court after appointment and before assuming the duties of his office. The deputy clerk of the superior court shall receive, as compensation for his services, a salary to be fixed in the discretion of the clerk of the superior court in an amount not to exceed $4,800.00 per annum, payable in equal monthly installments out of the funds of Dawson 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 1979 Session of the General Assembly of Georgia, a bill to change the compensation of the Deputy Clerk of the Superior Court of Dawson County, Georgia. This the 25th day of January, 1979. /s/ Wendell Anderson Representative, 8th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Anderson 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 News which is the official organ of Dawson County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Wendell Anderson Representative, 8th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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JENKINS COUNTY SMALL CLAIMS COURT JURISDICTION. No. 288 (House Bill No. 766). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Jenkins County, approved March 5, 1976 (Ga. Laws 1976, p. 2786), 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 and establishing a Small Claims Court in and for Jenkins County, approved March 5, 1976 (Ga. Laws 1976, p. 2786), is hereby amended by striking the symbol and figure $1,000.00 in Section 1 of said Act 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 and established a Small Claims Court in and for Jenkins County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, 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. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an

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Act creating and establishing a Small Claims Court in and for Jenkins County, approved March 5, 1976 (Ga. Laws 1976, p. 2786), so as to change the civil jurisdiction of said court from $1,000 to $1,500; and for other purposes. This 22nd day of December, 1978. /s/ L. Lamar Black Chairman /s/ James M. Smith, Jr. Vice-Chairman /s/ J. C. Holton Member /s/ Harold D. Boatright Member /s/ Charles F. Bragg Member Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh who, on oath, deposes and says that he/she is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Millen News which is the official organ of Jenkins County, on the following dates: December 28, 1978, January 4, 1979 and January 11, 1979. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CLAYTON COUNTY CIVIL SERVICE SYSTEM ACT AMENDED. No. 289 (House Bill No. 792). AN ACT To amend an Act known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. Laws 1963, p. 2747), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2620), so as to change the provisions relating to the qualifications and compensation of the members of the civil service board; 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 known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. Laws 1963, p. 2747), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2620), is hereby amended by striking from subsection (b) of Section 3 that sentence which read as follows: No member of the civil service board shall have held political office or have been a salaried employee of Clayton County during the three months preceding his appointment., and inserting in lieu thereof the following sentence: No member of the civil service board shall hold an elected political office of the State of Georgia or the County of Clayton or be a salaried employee of Clayton County when appointed or while serving on the civil service board., so that when so amended subsection (b) of Section 3 shall read as follows: (b) Members of the civil service board shall be selected and appointed for terms of office as hereinafter provided and shall serve until their successors are appointed and qualified. Said members of the civil service board shall be selected and appointed in the following

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manner: One member shall be selected by the elected county officials, namely; clerk of superior court, tax commissioner, sheriff and judge of the probate court who shall have one vote each and the board of commissioners who shall have only one vote which may 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 board of commissioners. The second member shall be selected by the employees of Clayton County (other than the aforesaid elected officials), who are under the civil service system, by a majority expression to the board of commissioners of their selection by appropriate petition or ballot and the person so selected shall be appointed by the board of commissioners 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 board of commissioners. The term of office of the person serving as a member of the civil service board on the effective date of this Act who was selected by the elected county officials shall expire on December 31, 1970. The term of office of the member of the civil service board on the effective date of this Act who was selected by the employees of Clayton County shall expire on December 31, 1971. The term of office of the member of the civil service board on the effective date of this Act who was selected by the other two (2) members of the civil service board shall expire on December 31, 1972. The board of commissioners, at their last regular meeting each year, shall appoint successors to the members of the civil service board as provided herein immediately preceding the expiration of their respective terms of office and such members shall take office on the first day of January immediately following their appointment for terms of office of three (3) years each and until their successors are appointed and qualified. Any member shall be eligible for reappointment. No member of the civil service board shall hold an elected political office of the State of Georgia or the County of Clayton or be a salaried employee of Clayton County when appointed or while serving on the civil service board. 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 board of commissioners 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 of commissioners at least ten (10) days before the date set for said hearing with written

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specifications of the charges against him. The three (3) members shall designate one of their number as chairman and vice-chairman. Vacancies on the civil service board shall be filled in the same manner except the member representing the county employees shall be selected by a majority expression of only the employees who are covered by the civil service system and who are in the full-time employ of Clayton County when and if such vacancies occur. Section 2. Said Act is further amended by striking from subsection (c) of Section 3 the following: twenty ($20.00), and inserting in lieu thereof the following: forty ($40.00), so that when so amended said subsection (c) shall read as follows: (c) Members of the civil service board shall be paid the sum of forty ($40.00) dollars per diem for time actually devoted to the business of the board, not exceeding twenty-five (25) days in any calendar year. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made to introduce at the January 1979 session of the General Assembly of Georgia an act to amend an act pertaining to the Clayton County Civil Service Board (Georgia Laws, 1963, Page 2747 as amended) so as to provide for the qualifications of members of the Civil Service Board; to provide for the repeal of conflicting laws; to provide for an effective date; to provide for a severability clause, and for other purposes. This the 4th day of January, 1979. /s/ John R. McCannon County Attorney for Clayton County Georgia, Clayton County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, came, Jim Wood, who, after being duly sworn states that he is the Publisher of the News/Daily, legal organ for Clayton County and that the above and foregoing Notice of Intention to Apply for Local Legislation was duly published in the legal organ as is by law provided on January 9th, 16th, and 23rd of 1979. /s/ Jim Wood Publisher News/Daily Sworn to and subscribed before me, this 8th day of February, 1979. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved April 11, 1979.

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CITY OF AUGUSTAELECTIONS. No. 290 (House Bill No. 798). AN ACT To amend an Act providing a charter for the City of Augusta, approved January 31, 1798 (Ga. Laws 1798), as amended, particularly by an Act approved February 8, 1955 (Ga. Laws 1955, p. 2120) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 2692), so as to change the provisions relating to elections in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a charter for the City of Augusta, approved January 31, 1798 (Ga. Laws 1798), as amended, particularly by an Act approved February 8, 1955 (Ga. Laws 1955, p. 2120) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 2692), is hereby amended by striking the tenth unnumbered paragraph of Section 1 of the amendatory Act of 1955 in its entirety and inserting in lieu thereof a new tenth unnumbered paragraph, to read as follows: When elections shall be held. The city election shall be conducted on a day fixed by the mayor and council which falls between the fifth and the thirtieth of October of each year. The mayor and council may change the date of the election from time to time by ordinance. The mayor shall be elected every third year beginning in 1957 by the voters of the city. The members of the council, of whom there are two for each ward, shall be elected, one from each ward, beginning in 1955 and continuing thereafter excepting the years of general election for mayor, for the term of three years each by the qualified registered voters of the City of Augusta at large and not by the voters of the respective wards. 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 1979 Session of the General Assembly of Georgia, the necessary legislation, to change the City Election Day so that Council may set the same any day in October. Samuel F. Maguire Attorney for the City Council of Augusta 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: January 6, 13, 20, 1979. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CARROLL COUNTYTAX COMMISSIONER'S COMPENSATION. No. 291 (House Bill No. 800). AN ACT To amend an Act creating the office of Tax Commissioner of Carroll County, approved July 28, 1931 (Ga. Laws 1931, p. 405), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2789), so as to change the compensation of the Tax Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Carroll County, approved July 28, 1931 (Ga. Laws 1931, p. 405), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2789), is hereby amended by striking from subsection (a) of Section 2 the following: $10,500, and inserting in lieu thereof the following: $17,500, so that when so amended subsection (a) of Section 2 of said Act shall read as follows: (a) The Tax Commissioner shall perform all the duties which are now performed by the Tax Receiver and Tax Collector of Carroll County, and shall be paid the sum of $17,500 per annum, in equal monthly installments on the first day of each month from the general funds of Carroll County. In addition thereto, said Tax Commissioner shall receive monthly from the general funds of Carroll County seven cents (7) per mile for the use of his personal automobile in making his rounds.

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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 January 1979 session of the General Assembly of Georgia, a bill to change the compensation of the Tax Collector of Carroll County, Georgia; and for other purposes. This 2nd day of January, 1979. /s/ Charles W. Thomas, Jr. /s/ Gerald L. Johnson 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 11, 18 and 25, 1979. Sworn to on the 15 day of February 1979. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 15 day of February, 1979. /s/ Carolyn Sullivan Notary Public. (Seal). Approved April 11, 1979.

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CARROLL COUNTYCOMMISSIONER'S COMPENSATION. No. 292 (House Bill No. 801). AN ACT To amend an Act creating the office of Commissioner of Carroll County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2933), so as to change the provisions relating to the compensation and allowances of the Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Carroll County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2933), is hereby amended by striking Section 6 which reads as follows: Section 6. The Commissioner shall receive a salary of $19,000 per annum; provided that, effective on January 1, 1978, the salary of the Commissioner shall be $19,500 per annum; effective on January 1, 1979, the salary of the Commissioner shall be $20,000 per annum; and effective on January 1, 1980, and thereafter, the salary of the Commissioner shall be $20,500 per annum. Such salary shall be payable in equal monthly installments at the end of each month. In addition to the salary as provided herein, the Commissioner shall also be allowed an expense account to cover costs incurred in travelling and any other expenses incidental to the performance of his duties which shall not exceed $3,000 per annum., in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The Commissioner shall receive a salary of $24,500 per annum. Such salary shall be payable in equal monthly installments at the end of each month. In addition to the salary as provided herein, the Commissioner shall also be allowed an expense account to cover costs incurred in traveling and any other expenses

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incidental to the performance of his duties which shall not exceed $3,000 per annum. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1979, session of the General Assembly of Georgia, a bill to change the compensation of the Commissioner of Roads and Revenues of Carroll County; and for other purposes. This 2nd day of January, 1979. /s/ Charles W. Thomas, Jr. /s/ Gerald L. Johnson 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 11, 18 and 25, 1979. Sworn to on the 15 day of February, 1979. /s/ Stanley Parkman Publisher

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Sworn to and subscribed before me, on the 15 day of February, 1979. /s/ Carolyn Sullivan Notary Public. (Seal). Approved April 11, 1979. CHATTOOGA COUNTY SMALL CLAIMS COURT. No. 293 (House Bill No. 804). AN ACT To create and establish a Small Claims Court for Chattooga County to be known as the Small Claims Court of Chattooga County; to prescribe the jurisdiction of said court; to provide that the Judge of the Probate Court of Chattooga County shall serve as judge of the Small Claims Court; to prescribe the pleading and practice in said court; to provide for the duties, powers, compensation, qualifications, and substitutions of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks

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of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for appeals from said court to the superior court of said county; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court for Chattooga County, Georgia, to be known as the Small Claims Court of Chattooga County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. The judge of the Small Claims Court created by this Act shall be the Judge of the Probate Court of Chattooga County. 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, any Justice of the Peace of Chattooga 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

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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. Such fees shall be in addition to any salary or compensation received by the judge as judge of the probate court or otherwise. 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 of 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, or by a duly qualified bailiff of the Small Claims Court, or by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is especially appointed by the judge of said court for that purpose. (c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided and shall be taxed as other costs.

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(e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, and hour of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail 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 costs shall be $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall 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.

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(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. 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 Chattooga 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

Page 4071

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 processes and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. 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 law for appeals, contained in Code Chapter 61, 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 4072

Small Claims Court

Page 4073

Section 18. The judge of the Small Claims Court of Chattooga County shall be exempt from jury duty in the superior court or any

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other court existing or which may be created or established in Chattooga County. Section 19. All forms, docket books, file jackets, filing cabinets, and the like, required by this Act, shall be furnished by the governing authority of Chattooga County. They shall also provide a suitable room in the courthouse for the holding of said court. One dollar and fifty cents ($1.50) of each ten dollars ($10.00) filing fee paid to said court shall be remitted by the clerk or judge of said court to the county treasury. Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days nor later than 45 days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service

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either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 22. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to create a Small Claims Court in Chattooga County; and for other purposes. This 30th day of January, 1978. /s/ John G. Crawford Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford 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: February 1, 8, 15, 1979. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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ECHOLS COUNTY SMALL CLAIMS COURT. No. 294 (House Bill No. 805). AN ACT To create and establish a Small Claims Court of Echols County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide that the Judge of the Probate Court of Echols County shall serve as the judge of the small claims court; to provide for the 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 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 of Echols 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 Echols County shall also serve as the judge of the small claims court created by this Act. If the judge of the probate court shall fail or refuse or be unable

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to serve as the judge of the small claims court for any reason, the governing authority of Echols County shall appoint a person of outstanding character and integrity to serve as the judge of said court. (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, any judge of the Superior Court of Echols 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, or by any

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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 served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) 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 be not less than ten nor more than thirty days from the date of the service of said notice. 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

Page 4080

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 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.

Page 4081

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 Chief Judge of the Superior Court of Echols 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

Page 4082

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 Echols County

Page 4083

Page 4084

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 governing authority of the county. 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 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 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.

Page 4085

Section 21. 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 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 of the first $250.00 and five percent on all sums over that amount, with a minimum of $5.00. Section 23. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to create a

Page 4086

Small Claims Court for Echols County, Georgia, and to provide for all matters relative to the foregoing; and for other purposes. This 22nd day of January, 1979. /s/ Henry L. Reaves Representative, 147th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves who, on oath, deposes and says that he/she is Representative from the 147th 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 Echols County, on the following dates: January 26, 1979, February 2, 1979, February 9, 1979. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4087

BROOKS COUNTYFIRE PROTECTION DISTRICTS. No. 295 (House Bill No. 806). AN ACT To authorize the governing authority of Brooks County to establish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purpose of constructing, obtaining, and maintaining fire protection facilities therefor; to provide for an election of referendum by the qualified voters residing in any such district; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The governing authority of Brooks County is hereby authorized to establish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purpose of constructing, obtaining, and maintaining fire protection facilities therefor. Section 2 . The said authority, when it deems it to be in the best interest of the county, shall propose fire protection districts, and the qualified voters in each such district shall be afforded an opportunity to vote on the question as to whether or not they wish to have special fire protection and to pay taxes for the purpose of constructing, obtaining, and maintaining fire protection facilities. The ballot in each such election shall specify the mill rate of ad valorem taxation which it is estimated will be levied in the special district during the first year after its creation. A majority of the qualified voters voting in any such district election shall have to vote in favor of the proposal in order for the governing authority to be authorized to implement the authority granted in Section 1 of this Act. Any election held pursuant to this Act shall be conducted in accordance with the requirements of Title 34 of the Code of Georgia. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4088

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill or the necessary bills to provide for a referendum or several referendums (as may be required) to authorize the districting of Brooks County into several fire districts, for the furnishing of fire protection in said districts, for a method of financing said protection and apportioning the cost thereof among the said districts, to empower the governing authority of the county and the governing authorities of the several towns and cities to contract with each other and with others for the furnishing of said fire protection, to empower the governing authority to levy and collect taxes from the citizens of the several fire districts to pay for said protection, and to do all things necessary to provide and operate a comprehensive fire protection plan for the County. This 29th day of January, 1979. /s/ Henry L. Reaves Representative, 147th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves who, on oath, deposes and says that he/she is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Quitman Free Press which is the official organ of Brooks County, on the following dates: January 31, 1979, February 7, 1979 and February 14, 1979. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4089

STEWART COUNTYCOMPENSATION OF COMMISSIONER. No. 296 (House Bill No. 810). AN ACT To amend an Act creating the office of Commissioner of Stewart County, approved August 20, 1927 (Ga. Laws 1927, p. 654), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3699), so as to change the provisions relative to the compensation of said commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Stewart County, approved August 20, 1927 (Ga. Laws 1927, p. 654), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3699), is hereby amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. The Commissioner of Stewart County shall receive an annual base salary of $12,000.00 which shall be payable in equal monthly installments from the funds of Stewart County. The base salary provided for herein shall be increased by five percent for each four-year term served by the same Commissioner. The first such increase shall be effective for that term of office beginning on January 1, 1981. In the event an incumbent Commissioner is not reelected to succeed himself, the salary for the first term of the new Commissioner shall be the base salary provided for herein. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4090

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Stewart County, approved August 20, 1927 (Ga. Laws 1927, p. 654), as amended; and for other purposes. This 26 day of January, 1979. /s/ Don Castleberry Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he/she is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: February 1, 8, 15, 1979. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4091

WEBSTER COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 297 (House Bill No. 811). AN ACT To amend an Act creating the office of County Tax Commissioner of Webster County, approved August 8, 1931 (Ga. Laws 1931, p. 610), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2649), so as to provide for an annual salary for said officer in lieu of all fees, commissions, costs, fines, emoluments, perquisites or other compensation from whatever source derived, with certain exceptions; 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 the office of County Tax Commissioner of Webster County, approved August 8, 1931 (Ga. Laws 1931, p. 610), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2649), is hereby amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. (a) The Tax Commissioner of Webster County shall receive an annual salary of $9,100.00 to be paid in equal monthly installments from the funds of Webster County. (b) Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind collected and received by the tax commissioner shall be collected, received and held by him as public funds belonging to Webster 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 annual salary provided by subsection (a) hereof for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind authorized by any law for tax collectors and receivers

Page 4092

or tax commissioners, including those commissions on taxes collected in excess of a certain percentage of taxes due according to the net tax digest, but excluding those commissions allowed for the sale of motor vehicle license plates by local tax officials as agents of the State Revenue Commissioner. It is specifically provided that the tax commissioner shall receive those commissions allowed for the sale of motor vehicle license plates by local tax officials as agents of the State Revenue Commissioner in addition to the annual salary provided by subsection (a) of this Section. (c) From time to time, the tax commissioner shall recommend to the governing authority of Webster County such deputies, clerks or assistants as he shall deem necessary to efficiently discharge the duties of his office. The tax commissioner may also recommend the compensation to be paid to such personnel, but it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed by him and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. (d) The necessary operating expenses of the tax commissioner's office shall be paid from any funds of the county available for such purpose. The tax commissioner may make recommendation to the county governing authority relative to the operating expenses of his office, but the determination of such requirements shall be at the sole discretion of said county governing authority. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4093

Notice of Intention to Introduce Local Legislation. Pursuant to the recommendations of the Webster County Grand Jury (July Session 1978), notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend the Compensation of the Tax Commission of Webster County; and for other purposes. This the 8th day of January, 1979. /s/ Don Castleberry Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he/she is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Stewart-Webster Journal which is the official organ of Webster County, on the following dates: January 11, 1979, January 18, 1979 and January 25, 1979. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4094

LOWNDES COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 298 (House Bill No. 818). AN ACT To amend an Act creating the Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. Laws 1967, p. 3197), as amended, so as to change the fees charged in said court; to change certain provisions relating to furnishing supplies and space for said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. Laws 1967, p. 3197), as amended, is hereby amended by striking Section 8 of said Act in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule hereinafter set forth, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. (b) The sum to be deposited by the plaintiff with the court when the amount of the claim is $500 or less shall be $10. When the amount of the claim is more than $500, but less than $1,001, the amount of the deposit shall be $15. When the amount of the claim is more than $1,001, the amount of the deposit shall be $20. In addition to the above costs, the plaintiff shall pay to the court, when his complaint is filed, an additional sum of $2.50, which said sum shall be remitted by the court of the Board of Commissioners of

Page 4095

Lowndes County to offset the expense to the said county of operating the said court which are paid from the funds of Lowndes County. If the plaintiff shall prevail in his claim, the said sum shall be collected, along with all costs, from the defendant in such suit. Section 2. Said Act is further amended by striking Section 19 of said Act in its entirety and substituting in lieu thereof a new Section 19 to read as follows: Section 19. (a) The governing authority of said county shall initially furnish to the said court a sum not in excess, of $500 to be used by the said court for the purpose of furnishing and equipping the said court; and shall thereafter furnish to the said court all office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, supplies, and local telephone for the necessary and efficient operation of said court. The governing authority of said county shall furnish such space in the courthouse of Lowndes County, Georgia, as shall be suitable for holding of said court. (b) The State Librarian is hereby authorized and directed to furnish the Small Claims Court established herein, without cost to the court or the county, an up-to-date annotated Code of Georgia and continuing supplements thereto, and all volumes of Georgia Laws, beginning with the laws of 1966 and, if for any reason, the State Librarian cannot furnish such books, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase them, from any funds available. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4096

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the Georgia General Assembly, a bill to increase the filing fee for suits filed in Small Claims Court of Lowndes County, to specify those items to be furnished said court by Lowndes County, to provide an effective date, to repeal conflicting laws, and for other purposes. This 24th day of January, 1979. /s/ Board of Commissioners of Lowndes County Fred DeLoach G. Norman Bennett Botie O. Chitty, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. 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 Lowdnes County, on the following dates: January 26, 1979, February 2, 9, 1979. /s/ James W. Beck Representative, 148th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4097

STATE COURT OF LOWNDES COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 299 (House Bill No. 819). AN ACT To amend an Act creating the State Court of Lowndes County (formerly City Court of Valdosta), approved December 11, 1901 (Ga. Laws 1901, p. 176), as amended by an Act approved March 3, 1967 (Ga. Laws 1967, p. 2131), an Act approved March 21, 1968 (Ga. Laws 1968, p. 2322), and an Act approved February 28, 1975 (Ga. Laws 1975, p. 2569), so as to change the compensation of the judge and solicitor of the court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Lowndes County (formerly City Court of Valdosta), approved December 11, 1901 (Ga. Laws 1901, p. 176), as amended by an Act approved March 3, 1967 (Ga. Laws 1967, p. 2131), an Act approved March 21, 1968 (Ga. Laws 1968, p. 2322), and an Act approved February 28, 1975 (Ga. Laws 1975, p. 2569), is hereby amended by striking subsections (a) and (b) of Section 6 of said Act in their entirety and substituting in lieu thereof new subsections (a) and (b) of Section 6, to read as follows: (a) After the effective date of this Act, the salary of the Judge of the State Court of Lowndes County shall be $16,000.00. In addition to such annual salary, the judge shall receive an additional amount equal to five (5%) percent of the base salary provided in the first sentence above for each year of service completed up to two (2) years and an additional amount equal to two (2%) percent of the base salary provided in the first sentence above for each year of service completed up to eight (8) years and an additional amount equal to one (1%) percent of the base salary provided in the first sentence above for each year of service completed thereafter, until such salary equals $25,000.00 per year. In addition to the compensation provided herein, the Judge of the State Court of Lowndes County shall also receive a cost-of-living increase whenever the

Page 4098

employees of Lowndes County are granted such a cost-of-living increase by the governing authority of the county. The Judge of the State Court of Lowndes County 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 (5%) percent of the base salary of $16,000.00; provided, further, however, that the longevity increase or cost-of-living increase, or both, hereinabove provided shall not increase said salary in excess of the amount of $25,000.00. The compensation of the Judge of the State Court of Lowndes County shall be paid in equal monthly installments from the funds of Lowndes County. The compensation of the judge 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; provided, however, he shall not be entitled to retroactive pay as a part of said adjustment. The Judge of the State Court of Lowndes County shall be permitted, and is hereby authorized, to engage in the private practice of law, so long as such activities do not interfere with his official duties and obligations as a judge of said court. (b) After the effective date of this Act, the salary of the Solicitor of the State Court of Lowndes County shall be $13,000.00. In addition to such annual salary, the solicitor shall receive an additional amount equal to five (5%) percent of the base salary provided in the first sentence above for each year of service completed up to two (2) years and an additional amount equal to two (2%) percent of the base salary provided in the first sentence above for each year of service completed up to eight (8) years and an additional amount equal to one (1%) percent of the base salary provided in the first sentence above for each year of service completed thereafter, until such salary equals $21,000.00 per year. In addition to the compensation provided herein, the Solicitor of the State Court of Lowndes County 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 Solicitor of the State Court of Lowndes County 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

Page 4099

amount which, when added to the longevity increase for that year, will result in a salary increase of more than five (5%) percent of the base salary of $13,000.00; provided, further, however, that the longevity increase or cost-of-living increase, or both, hereinabove provided shall not increase said salary in excess of the amount of $21,000.00. The compensation of the Solicitor of the State Court of Lowndes County shall be paid in equal monthly installments from the funds of Lowndes County. The compensation of the solicitor 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; provided, however, he shall not be entitled to retroactive pay as a part of said adjustment. Said salary shall be in lieu of all fees, fines, forfeitures, and commissions which may have formerly been allowed to the solicitor of said court for his services. All such fees, fines, forfeitures, and commissions shall be the property of and shall be turned over to Lowndes County. Said solicitor shall be permitted, and is hereby authorized, to engage in the private practice of law so long as such activities do not interfere with his official duties or obligations as a solicitor of said court. Section 2. This Act shall become effective July 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 1979 session of the Georgia General Assembly, a bill to change the compensation of the judge and solicitor of the State Court of

Page 4100

Lowndes County, to provide for an effective date to repeal conflicting laws and for other purposes. This 24th day of January, 1979. Board of Commissioners of Lowdnes County Fred DeLoach G. Norman Bennett Botie O. Chitty, Jr. 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: January 26, 1979, February 2, 9, 1979. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4101

TROUP COUNTYCOMPENSATION OF SPECIFIED OFFICERS. No. 301 (House Bill No. 822). AN ACT To amend an Act providing compensation for specified officers in Troup County, approved February 12, 1962 (Ga. Laws 1962, p. 2093), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2689), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3859), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court; to change the times of payment of the salary of the sheriff, clerk of the superior court, 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 12, 1962 (Ga. Laws 1962, p. 2093), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2689), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3859), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), is hereby amended by striking from Section 3 thereof the following: $19,000,00, and substituting in lieu thereof the following: $20,334.00, and by striking from Section 3 thereof the following: monthly, and substituting in lieu thereof the following:

Page 4102

biweekly, so that when so amended Section 3 shall read as follows: Section 3. The Sheriff of Troup County shall be compensated in the amount of $20,334.00 per annum, to be paid in equal biweekly 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 4 thereof the following: twelve thousand ($12,000.00) dollars, and inserting in lieu thereof the following: $19,476.00, and by striking from Section 4 thereof the following: monthly, and inserting in lieu thereof the following: biweekly, and by striking from Section 4 thereof the following: This compensation, and inserting in lieu thereof the following: This amount includes the sum of $1,284.00 for serving as clerk of the State court and, so that when so amended Section 4 shall read as follows: Section 4. The Clerk of the Superior Court of Troup County shall be compensated in the amount of $19,476.00 per annum, to be paid in equal biweekly installments from the funds of Troup

Page 4103

County. This amount includes the sum of $1,284.00 for serving as clerk of the State court and shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex officio clerk of any court or in any other capacity. Section 3. Said Act is further amended by striking from Section 5 thereof the following: $16,000.00, and substituting in lieu thereof the following: $17,124.00, and by striking from Section 5 thereof the following: monthly, and inserting in lieu thereof the following: biweekly, 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 $17,124.00 per annum, to be paid in equal biweekly 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 4. Said Act is further amended by striking from Section 6 thereof the following: $15,300.00, and substituting in lieu thereof the following: $17,976.00,

Page 4104

and by striking from Section 6 thereof the following: monthly, and inserting in lieu thereof the following: biweekly, and by striking from Section 6 thereof the following: Such compensation shall be in full payment, and inserting in lieu thereof the following: This amount shall include the sum of $642.00 for holding elections, 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 $17,976.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. This amount shall include the sum of $642.00 for holding elections and shall cover all services of such official and said official shall receive no other fees or remuneration for his services. 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.

Page 4105

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia local legislation to amend an Act providing compensation for the Clerk of Superior Court, the Sheriff, the Judge of Probate Court, and the Tax Commissioner of Troup County, and other matters relative to said officers, approved February 2, 1955 (Ga. Laws 1955, p. 2006); and for other purposes. This 25th day of January, 1979. V. Hawley Smith Chairman Troup County Commission 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: February 2, 9, 16, 1979. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4106

TROUP COUNTYSALARY OF JUDGE OF SMALL CLAIMS COURT. No. 302 (House Bill No. 823). 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, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3216), so as to change the salary of the judge; to change the times of payment of 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, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3216), is hereby amended by striking from Section 8 thereof the following: $12,850.00, and substituting in lieu thereof the following: $13,740, and by striking from Section 8 thereof the following: monthly, and inserting in lieu thereof the following: biweekly,

Page 4107

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 $13,740 per annum, which said salary shall be paid biweekly 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill creating a Small Claims Courts of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, so as to change the salary of the judge; and for other purposes. This 25th day of January, 1979. V. Hawley Smith Chairman Troup County Commission

Page 4108

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: February 2, 9, 16, 1979. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4109

STATE COURT OF TROUP COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 303 (House Bill No. 824). 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), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), so as to change the salary of the judge and of the solicitor; to change the times of payment of the salary of the judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of 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), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), is hereby amended by striking from the second paragraph of Section 5 the following: $17,150.00 per annum, and inserting in lieu thereof the following: $18,354.00 per annum,

Page 4110

and by striking from the second paragraph of Section 5 the following: monthly, and inserting in lieu thereof the following: biweekly, 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 twentyfive years of age; he must also have been a resident of Troup County for two years immediately preceding his election, and must have been a practicing attorney for at least two years immediately preceding his election, and before entering upon the discharge of his duties of his office, he shall take and subscribe the following oath: `I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the State 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 State Court of Troup County shall be $18,354.00 per annum, which said salary shall be paid biweekly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the governing authority 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.

Page 4111

Section 2. Said Act is further amended by striking from the fourth paragraph of Section 6 the following: $11,450.00, and inserting in lieu thereof the following: $12,252.00, and by striking from the fourth paragraph of Section 6 the following: monthly, and inserting in lieu thereof the following: biweekly, so that when so amended, the fourth paragraph of Section 6 shall read as follows: The salary of the Solicitor of the State Court of Troup County shall be $12,252.00 per annum, for prosecution of all criminal cases, which said salary shall be paid biweekly 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 governing authority 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. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4112

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill 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; so as to change the salary of the judge and of the solicitor; and for other purposes. This 25th day of January, 1979. V. Hawley Smith Chairman Troup County Commission 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: February 2, 9, 16, 1979. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4113

TROUP COUNTYCORONER'S SALARY. No. 304 (House Bill No. 825). 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), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3214), so as to change the salary of the coroner; to change the time of payment of 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), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3214), is hereby amended by striking from Section 1 thereof the following: $1,950.00, and substituting in lieu thereof the following: $2,088, and by striking from Section 1 thereof the following: monthly, and substituting in lieu thereof the following: biweekly,

Page 4114

so that when so amended Section 1 shall 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 $2,088 per annum out of the county treasury payable biweekly. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act to change the compensation of the coroner of Troup County, approved

Page 4115

March 31, 1967 (Ga. Laws 1967, p. 2348), as amended, so as to change the salary of the coroner; and for other purposes. This 25th day of January, 1979. V. Hawley Smith Chairman Troup County Commission 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: February 2, 9, 16, 1979. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 19th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4116

GLYNN COUNTYSHERIFF'S COMPENSATION, ETC. No. 305 (House Bill No. 827). 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), an Act approved March 30, 1977 (Ga. Laws 1977, p. 4466), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4425), so as to authorize the employment of a chief office deputy; to change certain provisions relating to the compensation of the sheriff and his employees; to change certain provisions relating to car and mileage allowance; to authorize the employment of additional personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of 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), an Act approved March 30, 1977 (Ga. Laws 1977, p. 4466), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4425), is hereby amended by striking Section 2 thereof in its entirety and substituting in lieu thereof a new Section 2, to read as follows: Section 2. The sheriff 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 1 1 additional deputies

Page 4117

1 chief office deputy 3 clerk-typists 1 chief jailer who shall also be a deputy 12 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. Section 2. Said Act is further amended by striking subsection (1) of Section 2A thereof in its entirety and substituting in lieu thereof a new subsection (1) of Section 2A, to read as follows: (1) The sheriff shall receive an annual salary of $23,838, payable in equal monthly installments from the funds of Glynn County. Section 3. Said Act is further amended by striking in its entirety subsection (2) of Section 2A thereof and substituting in lieu thereof a new subsection (2), to read as follows: (2) (a) 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 $ 18,000 1 senior deputy $ 11,000 to $ 14,000 1 chief office deputy $ 9,600 to $ 14,640 2nd senior deputy $ 8,900 to $ 13,000 2 deputies $ 8,400 to $ 12,750 9 deputies $ 7,500 to $ 12,000 chief jailer $ 7,500 to $ 11,000 12 additional jailers $ 7,200 to $ 10,560 5 matrons $ 5,400 to $ 8,400 3 clerk-typists $ 5,400 to $ 7,920 2 custodians $ 4,800 to $ 7,200 cook $ 3,600 to $ 5,760

Page 4118

(b) No employee of the sheriff shall receive any increase in salary or other compensation except as is approved by the sheriff. (c) The provisions of paragraph (a) to the contrary notwithstanding, no employee of the sheriff shall receive any wage which is less than the minimum wage guaranteed by law. Section 4. Said Act is further amended by striking subsection (1) of Section 2C thereof in its entirety and substituting in lieu thereof a new subsection (1) of Section 2C, to read as follows: (1) The sheriff and each of his deputies, except the chief office deputy, shall receive monthly from county funds a car allowance of $250 per month and a mileage allowance of 15 per mile on all official trips outside of Glynn County or the State of Georgia. Section 5. This Act shall become effective July 1, 1979. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4119

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, and for other purposes, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1979. Richard W. Littlefield, Jr. Senator, 6th District James R. Tuten Representative, 153rd District Dean Auten Representative, 154th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean G. Auten who, on oath, deposes and says that he/she is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: January 4, 11, 18, 1979. /s/ Dean G. Auten Representative, 154th District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4120

GLYNN COUNTYEMPLOYEES OF CLERK OF SUPERIOR COURT. No. 306 (House Bill No. 828). 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 authorize the clerk of the superior court to employ certain additional personnel; to change certain provisions relating to compensation of personnel employed by the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 in its entirety subsection (a) of Section 5 thereof and substituting in lieu thereof a new subsection (a), to read as follows: (a) (1) The clerk of the superior court is authorized to employ one chief deputy and nine deputy clerks. (2) The base annual salary of the persons employed by the clerk shall be fixed by the clerk within the following amounts: chief deputy $ 12,000 to $ 15,000 9 deputy clerks $ 6,600 to $ 10,200.

Page 4121

(3) No employee of the clerk shall receive any increase in salary or other compensation, except as is approved by the clerk. (4) The employees of the clerk shall be paid in equal monthly installments from the funds of Glynn County. Section 2. This Act shall become effective July 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 1979 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system mode of compensating the Clerk of Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary, and for other purposes, approved March 27, 1972 (Ga. Laws 1972, p. 3199), as amended; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1979. Richard W. Littlefield, Jr. Senator, 6th District James R. Tuten Representative, 153rd District Dean Auten Representative, 154th District

Page 4122

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean G. Auten who, on oath, deposes and says that he/she is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: January 4, 1979, January 11, 1979 and January 18, 1979. /s/ Dean G. Auten Representative, 154th District Sworn to and subscribed before me, this 8th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4123

GLYNN COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 307 (House Bill No. 830). AN ACT To amend an Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3203), as amended by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3336), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3670), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4109), so as to change the compensation of the tax commissioner; to change certain provisions relating to compensation of personnel employed by the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3203), as amended by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3336), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3670), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4109), is hereby amended by striking in its entirety Section 2 thereof and substituting in lieu thereof a new Section 2, to read as follows: Section 2. The tax commissioner shall receive an annual salary of $23,838, payable in equal monthly installments from the funds of Glynn County. Section 2. Said Act is further amended by striking in its entirety Section 5 thereof and substituting in lieu thereof a new Section 5, to read as follows: Section 5. (a) (1) The tax commissioner may employ one deputy and such number of clerical assistants as may be required for the proper discharge of the duties of the tax commissioner.

Page 4124

(2) The base annual salary of the persons employed by the tax commissioner shall be fixed by the tax commissioner within the following amounts: deputy $ 13,000 to $ 15,000 clerical assistant $ 6,384 to $ 10,500 (3) No employee of the tax commissioner shall receive any increase in salary or other compensation, except as approved by the tax commissioner. (4) The salaries of the deputy and clerical assistants shall be paid in equal monthly installments from the funds of Glynn County. (b) During the period of each year beginning with the last two weeks of December and ending on the first day of April, the tax commissioner shall be authorized to hire such number of additional employees as may be required for the proper discharge of the duties of the tax commissioner. The maximum number of such additional employees shall be 10. Such additional employees shall be paid a salary of not less than the minimum wage guaranteed by law. (c) It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputy, clerical assistants, or other employees, to set their beginning salaries within the limits of this Act, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 3. This Act shall become effective July 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4125

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act placing the Tax Commissioner of Glynn County upon an annual salary, and for other purposes, approved March 27, 1972 (Ga. Laws 1972, p. 3203), as amended; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1979. Richard W. Littlefield, Jr. Senator, 6th District James R. Tuten Representative, 153rd District Dean Auten Representative, 154th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean G. Auten who, on oath, deposes and says that he/she is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: January 4, 1979, January 11, 1979 and January 18, 1979. /s/ Dean G. Auten Representative, 154th District Sworn to and subscribed before me, this 8th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4126

CITY OF ABBEVILLEMAYOR'S COURT. No. 308 (House Bill No. 832). AN ACT To amend an Act incorporating the City of Abbeville and granting a new charter to said city, approved February 24, 1955 (Ga. Laws 1955, p. 2445), so as to change the amount of fines which may be imposed in the mayor's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Abbeville and granting a new charter to said city, approved February 24, 1955 (Ga. Laws 1955, p. 2445), is hereby amended by striking from Section 12 the following: $100.00, and inserting in lieu thereof the following: $500.00, so that when so amended Section 12 shall read as follows: Section 12. Be it further enacted, that the mayor of said city shall try all parties charged with the violation of any ordinance of said city. He is hereby given authority to impose such sentences as is provided by the ordinance of said city and provided for by this charter, and punish for contempt in the exercise of sound legal discretion. Anyone convicted by said mayor shall have a right to appeal his case to the council and a majority of said council shall try said case and render such judgment as they think right according to the merits of the case. Such appeal shall be made instanter and said council shall hear said appeals within thirty days. If said council should find the defendant guilty, he shall have the right to certiorari his case to the Superior Court of Wilcox County, Georgia, under the law as now provided for carrying such cases to the superior court, which is fully stated in the general laws of Georgia. Said

Page 4127

mayor shall be ex officio justice of peace to try any party violating the criminal laws of Georgia within the limits of said city. Said court shall be authorized and empowered to punish for violation of the laws or ordinances of said city by imprisonment in the Wilcox County jail or city jail for a period of not exceeding two months; by compelling the defendant or offender to labor upon the streets of said city or work camps for a period not longer than two months; by a fine not exceeding $500.00 and the cost of the court which fine may be collected by execution, and by any one or more of these punishments, in the discretion of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said court, and shall be entitled to such fees and costs from the losing party as the city council may prescribe. The city attorney shall also be an official of the above court, and is subject to call whenever the mayor deems it necessary to have an attorney on hand for the best interest of his court. In addition to the above powers, the mayor shall have power to punish for contempt any person for misbehavior during the holding of his court by fine not to exceed $10.00 or ten days in the city or county jail. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Abbeville and granting a new charter to said city, approved February 24, 1955 (Ga. Laws 1955, p. 2445); and for other purposes. This 22nd day of January, 1979. Ben Jessup Representative, 117th District

Page 4128

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cordele Dispatch which is the official organ of Wilcox County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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PULASKI COUNTYCOMPENSATION OF NAMED COUNTY OFFICERS. No. 309 (House Bill No. 833). AN ACT To provide for minimum compensation for certain county officers of Pulaski County; to provide for definitions; to provide for qualifications; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following words or phrases shall have the following meanings: (a) General law means any of the following Acts of the General Assembly: (1) an Act providing a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia, approved March 31, 1976 (Ga. Laws 1976, p. 988), as now or hereafter amended; (2) an Act providing a schedule of minimum salaries for the sheriffs of the various counties within the State of Georgia, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended; (3) an Act providing a schedule of minimum salaries for the clerks of the superior courts of the various counties within the State of Georgia, approved March 30, 1973 (Ga. Laws 1973, p. 256), as now or hereafter amended; (4) an Act providing a schedule of minimum salaries for the judges of the probate courts of the various counties within the State of Georgia, approved March 21, 1974 (Ga. Laws 1974, p. 455), as now or hereafter amended.

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(b) Pulaski County officers means the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the County Commissioner of Pulaski County. Section 2. (a) On and after the effective date of this Act, each Pulaski County officer shall receive the annual salary fixed by local law unless such annual salary is less than the minimum salary provided for in this Act, in which event the provisions of this Act shall apply. Each Pulaski County officer shall receive an annual minimum salary which shall be equal to the highest minimum salary, including increases based on years of service, established by any general law for any county officer of Pulaski County. Such salary shall be paid in equal monthly installments from the funds of Pulaski County. In the event that any local law provides a salary for any of the county officers which is higher than such minimum salary, such individual officer shall receive the higher salary provided by local law, but no Pulaski County officer shall receive less than the minimum salary provided for herein. (b) Each Pulaski County officer shall also be entitled to any expenses or allowances, other than salary, provided by local law. 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. There will be introduced in the regular 1979 Session of the Georgia General Assembly legislation to provide for a method of determing and equalizing the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the Commissioner of Roads and Revenues of

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Pulaski County; to provide that salaries for any such office shall not be less than that as determined by any general law applicable to such offices; to repeal conflicting laws; and for other purposes. Ben Jessup Representative, 117th District This is to certify that the above legal ad appeared three times, in the issues of January 31, 1979, February 7, 1979 and February 14, 1979, in the Hawkinsville Dispatch and News, the official organ of Pulaski County, Georgia. This the 14th day of February, 1979. /s/ Charlie R. Southerland Publisher Signed in the presence of: /s/ J. Johnson Hall Notary Public, Georgia State at Large. My Commission Expires Nov. 9, 1982. (Seal). Approved April 11, 1979. TOWN OF PINEVIEWAD VALOREM TAXATION. No. 310 (House Bill No. 834). AN ACT To amend an Act incorporating the Town of Pineview, approved December 10, 1902 (Ga. Laws 1902, p. 551), as amended, so as to

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change the provisions relating to ad valorem taxation and limitations thereof; to change the provisions relating to fines; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Pineview, approved December 10, 1902 (Ga. Laws 1902, p. 551), as amended, is hereby amended by striking from Section 9 the following: not to exceed one-half of one per cent., and inserting in lieu thereof the following: not to exceed two percent, so that when so amended Section 9 shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall have power to levy a tax, not to exceed two percent, on all property, real or personal, subject to State tax, within the corporate limits of said town. They shall also have power and authority to require all persons subject to road duty under the laws of this State to work on the streets, alleys, and sidewalks of said town, but they may receive in lieu of said work such commutation fees as said mayor and aldermen shall prescribe. Section 2. Said Act is further amended by striking from Section 12 of said Act the following: one hundred dollars, and inserting in lieu thereof the following: five hundred dollars, so that when so amended Section 12 shall read as follows: Section 12. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall have the power and authority to provide for the arrest, trial, and punishment of offenders against

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ordinances, bylaws, rules, or regulations of said town by fine or imprisonment or work on streets of said town; provided, they shall not exceed five hundred dollars, and such imprisonment not to exceed thirty days. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Pineview, approved December 10, 1902 (Ga. Laws 1902, p. 551), as amended; and for other purposes. This 22nd day of January, 1979. Ben Jessup Representative, 117th District

Page 4134

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cordele Dispatch which is the official organ of Wilcox County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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SPALDING COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 311 (House Bill No. 837). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, approved February 16, 1950 (Ga. Laws 1950, p. 2583), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2659), by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3110), and by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2791), so as to change the compensation of the Tax Commissioner of Spalding County; to provide for payment thereof; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, approved February 16, 1950 (Ga. Laws 1950, p. 2583), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2659), by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3110), and by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2791), is hereby amended by striking subsection (a) of Section 3 of said Act thereof in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Tax Commissioner of Spalding County shall be paid a salary at the rate of $19,250.00 per annum, which shall be in addition to the sum authorized in subsection (c). Section 2 . Said Act is further amended by striking subsection (b) of Section 3 of said Act in its entirety and substituting in lieu thereof a new subsection (b), which shall read as follows:

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(b) Said salary shall be apportioned and payable for the remainder of the current year 1979 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County and shall be payable, as accrued, in equal monthly installments, on the last day of each month. 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 1979 Session of the General Assembly of Georgia a Bill to change the compensation of the Tax Commissioner of Spalding County; to repeal conflicting laws and for other purposes. This the 22nd Day of January, 1979. /s/ Maureen C. Jackson as Clerk of Spalding County Commissioners

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Fortune, Jr. 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: January 26, February 2, 9, 1979. /s/ James R. Fortune, Jr. Representative, 71st District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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SPALDING COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 312 (House Bill No. 838). AN ACT To amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2210), by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3985), and by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4217), so as to change the compensation of the Clerk of the Superior Court of Spalding County, including compensation for his services as Clerk for the State Court of Spalding County; to change the compensation of the Sheriff of Spalding County, including compensation for his services as Sheriff of the State Court of Spalding County; to change the compensation of the Judge of the Probate Court of Spalding County; to provide for other matters relative to the foregoing; to provide 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 as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2210), by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3985), and by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4217), is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof a new Section 2, which shall read as follows: Section 2. (a) From and after the first day of the month following the month in which the 1979 amendment of this Act shall become effective, the Clerk of the Superior Court of Spalding County, including his services as Clerk (or ex officio Clerk) of the State Court of Spalding County, shall be paid a salary at the rate of $19,250.00 per annum.

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(b) From and after the first day of the month following the month in which the 1979 amendment of this Act shall become effective, the Sheriff of Spalding County, including his services as Sheriff of the State Court of Spalding County, shall be paid a salary at the rate of $21,500.00 per annum. (c) Said salaries or compensation of each of the two aforesaid officers shall be apportioned and payable for the remainder of the current year 1979 at said respective annual rates and shall be payable for all subsequent years at said respective annual rates. Section 2. Said Act is further amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3, which shall read as follows: Section 3. (a) From and after the first day of the month following the month in which the 1979 amendment of this Act shall become effective, the Judge of the Probate Court of Spalding County, formerly known and designated as the `Ordinary of Spalding County,' shall be paid a salary of $18,200.00 per annum. (b) Said salary or compensation shall be apportioned and payable for the remainder of the current year 1979 at said respective annual rate and shall be payable for all subsequent years at said annual rate. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a Bill to change the compensation of the Sheriff of Spalding County, the Judge of the Probate Court of Spalding County, and the Clerk of the Superior Court of Spalding County and Ex-Officio Clerk of the State Court of Spalding County; to repeal conflicting laws and for other purposes. This the 22nd day of January, 1979. /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 Mostiler 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: January 26, 1979, and February 2, 9, 1979. /s/ John Mostiler Representative, 71st District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF COBB COUNTYJUDGE'S COMPENSATION. No. 313 (House Bill No. 840). 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 April 5, 1971 (Ga. Laws 1971, p. 3148), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3870), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3690), so as to change the compensation of the judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3148), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3870), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3690), is hereby amended by striking from the first sentence of Section 23, the following: , payable in equal monthly installments from the funds of Cobb County., and inserting in lieu thereof the following: , provided, such salary shall be increased by seven percent to $34,775.00 per annum, effective April 1, 1979, and such increased amount shall be again increased by seven percent to $37,209.00 per annum, effective April 1, 1980. Such salary shall be payable in equal monthly installments from the funds of Cobb County., so that when so amended, said Section shall read as follows: Section 23. The salary of the judges of the State Court of Cobb County shall be $32,500.00 per annum, provided, such salary shall be increased by seven percent to $34,775.00 per annum, effective

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April 1, 1979, and such increased amount shall be again increased by seven percent to $37,209.00 per annum, effective April 1, 1980. Such salary shall be payable in equal monthly installments from the funds of Cobb County. The clerk of the State Court shall receive an annual salary of $20,000.00, payable in equal monthly installments from the funds of Cobb County. The deputy clerks and other administrative personnel of said court shall receive such compensation as shall be fixed by the governing authority of Cobb County. 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-February 1979 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 28th, 1964 (Ga. L. 1964, p. 3211), and for other purposes. This 5th day of Jan., 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators, A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Burruss who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1979. /s/ Al Burruss Representative, 21st District Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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GORDON COUNTYBUDGET AND FISCAL YEAR. No. 314 (House Bill No. 843). AN ACT To amend an Act providing for a Commissioner of Gordon County (now Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. Laws 1974, p. 2522), as amended, so as to change certain provisions relative to the budget and fiscal year of the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a Commissioner of Gordon County (now Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. Laws 1974, p. 2522), as amended, is hereby amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Each department which operates a county fund (except the board of education) shall submit an annual budget to the board of commissioners on or before July 1 of each year. The commissioners shall then review and adopt, or amend, if necessary, and adopt, a budget for the county by September 1 of each year, which, when so adopted, shall constitute the board of commissioners' appropriation of all funds for the fiscal year beginning October 1. A copy of the budgets submitted to the board of commissioners by July 1 of each year and any amendments thereto adopted by the board of commissioners shall be submitted to the grand jury for review and comments by said grand jury. In the event there is a need for a supplemental appropriation, the justification therefor

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shall be presented to the grand jury in session for review and comment prior to its adoption. The board of commissioners shall publish the budget and any approved supplemental appropriation in the official organ of Gordon County within thirty days after adoption. 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 1979 session of the General Assembly of Georgia a bill to amend the Act creating the Board of Commissioners of Gordon County; and for other purposes. This 30th day of Dec., 1978. /s/ Ernest Ralston Representative, 7th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest Ralston who, on oath, deposes and says that he/she is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: January 10, 17 and 24, 1979. /s/ Ernest Ralston Representative, 7th District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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JACKSON COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 315 (House Bill No. 847). AN ACT To amend an Act creating the Office of Tax Commissioner of Jackson County; placing the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, and the Tax Commissioner on a salary basis of compensation; and providing for the compensation of the Chairman and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. Laws 1968, p. 2536), so as to change the provisions relating to the compensation of the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, the Tax Commissioner, and the Chairman and members of the Board of Commissioners of Jackson County; to authorize the Board of Commissioners of Jackson County to perform certain acts; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Office of Tax Commissioner of Jackson County; placing the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, and the Tax Commissioner on a salary basis of compensation; and providing for the compensation of the Chairman and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. Laws 1968, p. 2536), is hereby amended by adding, following Section 4 of said Act, a new Section 4.1, to read as follows: Section 4.1. In addition to the compensation provided by general or local laws of this State, the Board of Commissioners of Jackson County is hereby authorized, acting in their sole discretion by unanimous vote of all members elected to the board, to increase the compensation of the Chairman and members of the Board of Commissioners, the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Jackson County as provided herein. Effective on May 1, 1979, the board of commissioners is authorized, when acting by unanimous vote of all

Page 4148

members elected to the board, to increase the monthly compensation of each of the above named officers to an annual amount not to exceed the annual amount of salary specified for each such officer by the 1979 amendments to Sections 5, 6, 7, 8, and 14 of this Act which amendments otherwise become effective January 1, 1981. No increased compensation authorized by this Section shall be paid to any such officer after December 31, 1980. Section 2 . Said Act is further amended by striking Section 5, which reads as follows: Section 5. (a) The clerk of the superior court shall receive an annual salary of ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the clerk of the superior court to twelve thousand ($ 12,000.00) dollars per annum., in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The clerk of the superior court shall receive an annual salary of $ 16,000.00 plus $ 100.00 per month if the clerk of the superior court also serves as clerk of the State Court of Jackson County. Such salary shall be payable in equal monthly installments from the funds of Jackson County. Section 3 . Said Act is further amended by striking Section 6, which reads as follows: Section 6. (a) The sheriff shall receive an annual salary of ten thousand ($ 10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the sheriff to twelve thousand ($ 12,000.00) dollars per annum., in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

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Section 6. The sheriff shall receive an annual salary of $ 18,000.00, payable in equal monthly installments from the funds of Jackson County. Section 4 . Said Act is further amended by striking Section 7, which reads as follows: Section 7. (a) The judge of the probate court shall receive an annual salary of eight thousand ($ 8,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the judge of the probate court to ten thousand ($ 10,000.00) dollars per annum., in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The judge of the probate court shall receive an annual salary of $ 16,000.00 plus $ 50.00 per month so long as the judge of the probate court conducts elections in Jackson County. Section 5 . Said Act is further amended by striking Section 8, which reads as follows: Section 8. (a) The tax commissioner shall receive an annual salary of ten thousand ($ 10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the tax commissioner to twelve thousand ($ 12,000.00) dollars per annum., in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

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Section 8. The tax commissioner shall receive an annual salary of $16,600.00, payable in equal monthly installments from the funds of Jackson County. Section 6 . Said Act is further amended by striking Section 14, which reads as follows: Section 14. The chairman of the board of commissioners of roads and revenues of Jackson County, Georgia shall receive a salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Jackson County. The governing authority of Jackson County is hereby authorized to increase the salary of said chairman to $12,000.00 per annum. The members of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, other than the chairman, shall each receive a salary of $1,200.00 per annum plus $25.00 per month for travel and other expenses payable out of the funds of Jackson County. The governing authority of Jackson County is hereby authorized to increase the salary of said members of the Board to $1,800.00 per annum., in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. The Chairman of the Board of Commissioners of Jackson County shall receive a salary of $18,000.00 per annum, payable in equal monthly installments from the funds of Jackson County. The members of the Board of Commissioners of Jackson County, other than the chairman, shall each receive a salary of $3,600.00 per annum, payable in equal monthly installments from the funds of Jackson County. The members of the Board of Commissioners, other than the chairman, shall be reimbursed for their actual and necessary travel expenses for travel which has been approved in advance, in writing, by the chairman of the board of commissioners, upon presentation of a signed voucher setting forth the expenses incurred in such travel.

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Section 7 . Said Act is further amended by inserting, following Section 14, a new Section 14.1, to read as follows: Section 14.1. The compensation of the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, the Tax Commissioner, and the Chairman and members of the Board of Commissioners of Jackson County as provided in Section 5, Section 6, Section 7, Section 8, and Section 14 of this Act shall be increased by five percent of the amount specified in each such respective Section per each four-year term of office served by each such respective officer, figured at the end of each such period of service. No term of office prior to the term of office beginning on January 1, 1981, shall be included in determining the longevity increase provided for in this Section. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except the provisions of Section 2, Section 3, Section 4, Section 5, Section 6, and Section 7, which shall become effective on January 1, 1981. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Tax Commissioner of Jackson County; placing the Clerk of the Superior Court, the Sheriff, the Judge of the Probate Court, and the Tax Commissioner on a salary basis of compensation; and providing for the compensation of the Chairman and members of the Board of Commissioners of Jackson County, approved

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March 21, 1968 (Ga. Laws 1968, p. 2536); and for other purposes. This 10 day of January, 1979. /s/ Lauren McDonald 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/she 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 31, 1979, February 7, 14, 1979. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF HOSCHTONELECTIONS, ETC. No. 316 (House Bill No. 848). AN ACT To amend an Act to create a new charter for the City of Hoschton, approved March 24, 1978 (Ga. Laws 1978, p. 4323), so as to specify the time at which, and the term for which, the members of the city council are to be elected; to provide for the continuance in office of the present members of the city council until the election and qualification of their successors; 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 City of Hoschton, approved March 24, 1978 (Ga. Laws 1978, p. 4323), is hereby amended by striking in its entirety Section 33 thereof and substituting in lieu thereof a new Section 33 to read as follows: 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. At the election held in November 1979 the successors to members elected in 1978 to fill posts 4, 5, and 6 shall be elected for terms of two years each and until their respective successors are elected and qualified. At the election held in November 1980 the successors to members elected in 1978 to fill posts 1, 2, and 3 shall be elected for terms of two years each and until their respective successors are elected and qualified. Section 2. The members of the City Council of Hoschton in office on the effective date of this Act shall remain in office until the election and qualification of their successors as provided by law. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act to create a new charter for the City of Hoschton, approved March 24, 1978 (Ga. Laws 1978, p. 4323), so as to specify the time at which, and the term for which, the members of the city council are to be elected; to provide for the continuance in office of the present members of the city council until the election and qualification of their successors; and for other purposes. This 10th day of January, 1979. /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/she 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 31, 1979, February 7, 14, 1979. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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LAMAR COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 317 (House Bill No. 850). AN ACT To amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2639), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3362), so as to change the compensation of said tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2639), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3362), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The tax commissioner shall receive an annual salary of $13,000.00. Said salary shall be paid in equal monthly installments from the funds of Lamar County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 a request of the Board of Commissioners of Lamar County, there will be introduced at the regular 1979 Session of the General Assembly, a bill to change the compensation of the Tax Commissioner of Lamar County: and for other purposes. This 12th day of Jan., 1979. /s/ Bill Jones Representative, 78th District /s/ Janice Horton 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 News Gazette which is the official organ of Lamar County, on the following dates: February 1, 8, 15, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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LAMAR COUNTYPROBATE JUDGE'S COMPENSATION. No. 318 (House Bill No. 851). AN ACT To amend an Act abolishing the fee system of compensating the Judge of the Probate Court (formerly Ordinary) of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2636), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3367), so as to change the compensation of the said judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Judge of the Probate Court (formerly Ordinary) of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2636), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3367), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The judge of the probate court shall receive an annual salary of $ 13,000.00. Said salary shall be paid in equal monthly installments from the funds of Lamar County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 a request of the Board of Commissioners of Lamar County, there will be introduced at the regular 1979 Session of the General Assembly, a bill to change the compensation of the Probate Judge of Lamar County; and for other purposes. This the 12th day of Jan., 1979. /s/ Bill Jones Representative, 78th District /s/ Janice Horton 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 News Gazette which is the official organ of Lamar County, on the following dates: February 1, 8, 15, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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BUTTS COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 320 (House Bill No. 853). AN ACT To abolish the present method of compensating the Tax Commissioner of Butts County known as the fee system and provide in lieu thereof an annual salary for said officers; to provide for clerical assistance; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the Tax Commissioner of Butts County is hereby abolished. Said officer shall receive for his services as such an annual salary of $18,500 payable in equal monthly installments from the funds of Butts County. Section 2. All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Butts County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed, itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, 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, and 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 3. The tax commissioner shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he

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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 tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 4. The necessary operating expenses of the tax commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Butts County. Section 5. This Act shall become effective January 1, 1981. 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, pursuant to a Resolution of the Board of Commissioners of Butts County, Georgia, there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill

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to change the present mode of compensating the Tax Commissioner of Butts County, Georgia, to provide for an effective date of said change and for other purposes associated therewith. This 29th day of January, 1979. /s/ Bill Jones Representative, 78th District /s/ Janice Horton 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 Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 31, 1979, February 7, 14, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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BUTTS COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 321 (House Bill No. 854). AN ACT To abolish the present mode of compensating the Clerk of the Superior Court of Butts 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 Butts County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2. The clerk of the superior court shall receive an annual salary in the amount of $18,500. 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

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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, 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 Butts County. Section 6. This Act shall become effective January 1, 1981. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that, pursuant to a Resolution of the Board of Commissioners of Butts County, Georgia, there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to change the present mode of compensating the Clerk of Superior Court of Butts County, Georgia, to provide for an effective date of said change and for other purposes associated therewith. This 29th day of January, 1979. /s/ Bill Jones Representative, 78th District /s/ Janice Horton 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 Jackson Progress which is the official organ of Butts County, on the following dates: January 31, 1979, February 7, 14, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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BOARDS OF ELECTIONS IN CERTAIN COUNTIES (22, 312-22, 825). No. 322 (House Bill No. 855). AN ACT To provide for a Board of Elections in certain counties; to define the powers and duties concerning primaries and elections and the registration of electors; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants and other employees; to provide for compensation for such persons and the members of the board; to abolish the Board of Registrars in such counties; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in each county of this State having a population of not less than 22,312 and not more than 22,825, according to the 1970 United States Decennial Census or any future such census, a Board of Elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such counties. Section 2. The Board of Elections in such counties shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed by the Board of County Commissioners in each of such counties. One member of the Board of Elections shall be a member of a political party which received the highest number of votes within the county for its candidate for president in the general election immediately preceding the appointment of the member, and one member of the Board of Elections shall be a member of a political party which received the second highest number of votes within the county for its candidate for president in the general election immediately preceding the appointment of the member. The Board of County Commissioners shall appoint an additional member of the Board of Elections who shall serve as chairman. The initial appointment of such members shall be for four years for two of those so selected and for two years

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for one of those so selected. Thereafter, all appointments shall be for terms of four years and until their successors are duly appointed. Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Section 4. The appointment of each member shall be made by the respective appointing authority filing an affidavit with the Clerk of the Superior Court, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The Clerk of the Superior Court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman within the same time and in the same manner as provided by law for registrars. Section 5. Each member of the board shall be eligible to succeed himself for one term and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority and to the Clerk of the Superior Court and shall be subject to removal from the board at any time for cause after notice and hearing in the same manner and by the same authority as provided for removal of registrars. Section 6. In the event a vacancy occurs in the office of any member before the expiration of his term by removal, death, resignation, or otherwise, the respective appointing authorities shall appoint a successor to serve the remainder of the unexpired term. The Clerk of the Superior Court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 7. The first members of the board created under this Act shall take office on June 1, 1979, or as soon thereafter as practicable. 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.

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Section 8. Each Board of Elections shall (a) with regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the Judge of the Probate Court pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, and any other provision of law; (b) with regard to the registration of electors, succeed to and exercise all of the powers, duties and responsibilities granted to and incumbent upon the Board of Registrars in such counties pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, or any other provision of law. Section 9. (a) The board shall be responsible for the selection, appointment, and training of poll workers in elections; and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. (b) The board shall be authorized to employ other necessary employees as the governing authority shall approve. (c) There shall also be authorized a full-time executive director who shall be appointed by the governing authority on recommendation of the Board of Elections. The executive director will carry out the policies of the board and the requirements of the State Elections Code. The director will be required to conduct voter registration drives throughout the county at least once within 18 months following a general election. The director shall also establish at least two permanent facilities for registration of electors. Section 10. Upon the effective date of this Act, the Judge of the Probate Court, Board of Registrars, and Board of Elections in such counties shall be relieved from all powers and duties to which the Board of Elections succeeds by the provisions of this Act; and they shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the Board of Registrars in such counties shall be abolished.

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Section 11. The Chairman of the Board of Elections shall be the chief executive officer of the Board of Elections and shall generally supervise, direct, and control the administration of the affairs of the Board of Elections pursuant to law and duly adopted resolutions of the Board of Elections. The Board of Elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. Section 12. Compensation for the members of the Board of Elections, executive director, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Such compensation shall be paid wholly from county funds. Section 13. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 14. The Board of Elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election by the board to be conducted within the municipality. Any income from this activity would be delivered to the County Commission. Section 15. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 34-103, as amended, unless otherwise clearly apparent from the text of this Act. Section 16. Compensation for the chairman and members of said board and the salaries of the executive director and other employees shall be set by the governing authority of such counties. Section 17. This Act shall become effective on January 1, 1981. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979.

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BUTTS COUNTYCORONER'S COMPENSATION. No. 323 (House Bill No. 857). AN ACT To amend an Act placing the Coroner of Butts County upon an annual salary, approved February 16, 1962 (Ga. Laws 1962, p. 2135), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3660), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Coroner of Butts County upon an annual salary, approved February 16, 1962 (Ga. Laws 1962, p. 2135), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3660), is hereby amended by striking from Section 1 the following: $75.00, and substituting in lieu thereof the following: $125.00 so that when so amended, Section 1 shall read as follows: Section 1. The Coroner of Butts County is hereby placed on a salary and shall be compensated in the amount of $125.00 per month to be paid from the funds of such 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 coroners of such counties. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind shall become the property of Butts County and shall be paid to the fiscal officer of such 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, pursuant to a Resolution of the Board of Commissioners of Butts County, Georgia, there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to change the compensation of the Coroner of Butts County and for other purposes. This 29th day of January, 1979. /s/ Bill Jones Representative, 78th District /s/ Janice Horton Senator, 17th District

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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 which is the official organ of Butts County, on the following dates: January 31, 1979, February 7, 14, 1979. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COBB COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 324 (House Bill No. 858). AN ACT To amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. 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 compensation of the clerk of the superior court and the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The salary of the Sheriff of Cobb County shall be $22,000.00 per annum to be paid in equal monthly installments from the funds of Cobb County. The salary of the Clerk of the Superior Court of Cobb County shall be $23,540.00 per annum to be paid in equal monthly installments from the funds of Cobb County; provided, however, that, effective April 1, 1980, the salary of the said clerk of the superior court shall be increased to $25,190.00. The salary of the Judge of the Probate Court of Cobb County shall be $25,000.00 to be paid in equal monthly installments from the funds of Cobb County. 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:

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Section 4. The Clerk of the Superior Court of Cobb County shall have a deputy clerk whose salary shall be $18,725.00 per annum to be paid monthly from the funds in the county treasury; provided, however, that, effective April 1, 1980, the salary of the said deputy clerk shall be increased to $20,040.00. Any candidate for the office of Clerk of the Superior Court of Cobb County shall, on the date of his qualification for such office in either a primary or general election, certify to the Judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have thirty days from said date of death or removal from office of said deputy clerk to certify to the Judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. In addition to said deputy clerk, the Clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. Section 3. This Act shall become effective April 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 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

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February 19, 1949 (Ga. L. 1949, p. 427) as heretofore amended and for other purposes. This 5th day of January, 1979. /s/ Roy E. Barnes Haskew Brantley Joe L. Thompson Senators /s/ A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene Housley who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1979. /s/ Eugene Housley Representative, 21st District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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BYRON DEVELOPMENT AUTHORITY ACT. No. 325 (House Bill No. 859). AN ACT To create the Byron Redevelopment Authority; to define certain terms; to provide for the composition of the Authority, its powers, duties and compensation of members; to provide for the purposes of the Authority; to provide for revenue bonds; to provide that such powers of the Authority provided by this Act are supplemental to powers conferred by other laws; to provide for an advisory committee to the Authority; to provide for public funds; to provide for the liberal construction of the Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation of Authority. There is hereby created a public body, corporate and politic, in the County of Peach to be known as the Byron Redevelopment Authority. Said Authority hereinafter shall be referred to as the Authority and said Authority shall have the powers, rights, duties and obligations set forth herein and as otherwise provided by law. Section 2. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) Authority shall mean the Byron Redevelopment Authority created by this Act. (b) City shall mean the City of Byron, Georgia. (c) County shall mean Peach County, Georgia. (d) Member shall mean a member of the Authority established by this Act.

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(e) Advisory committee shall mean the committee established in Section 7 of this Act as an advisory committee to the Authority in matters relating to the revitalization and redevelopment of property in the city limits of Byron. (f) Project shall mean any undertaking of the Authority in connection with the redevelopment or revitalization of urban, central city or downtown areas within the City of Byron. (g) Project areas shall mean those urban, central city or downtown areas within the City of Byron selected by the Authority for redevelopment, revitalization or improvement pursuant to the procedures set forth in this Act. Section 3. Composition and Organization of Authority. (a) The Authority shall consist of nine members to be appointed by the Mayor and Board of Aldermen of the City of Byron, Georgia. The members of said Authority shall be residents of Peach County. (b) Vacancies in the membership of the Authority shall be filled by the Mayor and Board of Aldermen of the City of Byron, Georgia; provided, however, that a member of the Authority whose term has expired shall continue to serve until his successor has been duly appointed. In the event of a vacancy for any reason other than the expiration of the term, the remaining members of the Authority shall continue to be vested with all of the powers, rights, duties and obligations set forth herein or otherwise provided by law. (c) After the initial appointments for the initial terms set forth in this Act, the appointment of a member shall be for a three-year term beginning January 1 of the year of his appointment. Initially, three members shall be appointed for a term ending December 31, 1979; three members shall be appointed for a term ending December 31, 1980; and three members shall be appointed for a term ending December 31, 1981. Any appointment to fill a

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

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

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corporations, or may be made with the county and a single municipal corporation or multiple municipal corporations. The county and all such municipalities are hereby authorized to enter into contracts with the Authority. The Authority may also contract with private legal entities or persons. (d) To receive and administer gifts, grants and devises of any property and to administer trusts. (e) To acquire by purchase, gift or construction any real or personal property desired to be acquired as a part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof. (f) To sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein. (g) To mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority. (h) To issue revenue obligations for the purpose of providing funds for carrying out the purpose of the Authority. (i) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, architects and employees and to provide their compensation and duties. (j) To acquire property through the exercise of eminent domain for public purposes and to acquire by purchase, gift or lease any property owned by the city or county which has been acquired through the exercise of the right of eminent domain by the city or county; provided, however, that said Authority shall acquire such properties through the exercise of such power of eminent domain only in a manner prescribed by law for the exercise of such power by counties and municipalities in the State and only upon payment of just and fair compensation as required by the Constitution and laws of this State; provided, further, that the Authority shall not acquire property through the exercise of the right of eminent

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domain unless the Authority is granted prior written approval for such actions by the governing authorities of the city for property located in the city, or the county for property located in the county but not in the city, or by the Georgia Public Service Commission for property owned by a public utility. (k) To construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations or any other contribution, all of which the Authority is hereby authorized to receive and accept and use. (l) To issue revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as heretofore or hereafter amended. Such revenue bonds or obligations shall be authorized by resolution of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. The Authority, in determining the cost of any undertaking for which revenue bonds or obligations are to be issued, may include all costs relative to the issuance thereof and, without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction. Such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. As security for the payment of any recenue bonds so authorized, any property, real or personal, of an Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered. Any such Authority may execute any trust agreement

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or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment or principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia, in behalf of the State, and each county, municipal corporation, political subdivision and taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered; and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. (m) To make or cause to be made studies and analyses of economic changes taking place in the downtown areas of Byron and Peach County and of the impact of metropolitan growth upon those areas. (n) To prepare a plan or plans for the development and redevelopment of such downtown areas (such plan or plans shall be coordinated with governmental planning boards and agencies, but the Authority shall have the ultimate responsibility for preparation of such plan or plans). (o) To implement any general plan of development in the urban, central or downtown areas which has been approved by the county and the municipality in which said development is located by: (1) coordinating development and redevelopment by public and private enterprise; (2) encouraging private development and redevelopment in a manner consistent with the plan; (3) from time to time, proposing such revisions in the plan as appear to the Authority to be appropriate and in the best interest of the city, consistent with the purposes of this Act; (4) constructing, acquiring, repairing and operating any public development or project covered by the plan or coordinating

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any of the foregoing among other governmental agencies; (5) in coordination with said planning boards or agencies, developing long-range plans designed to halt the deterioration of property values in the urban, central city and downtown areas and encouraging property owners to implement the plans to the fullest extent possible; (6) acquiring in the best interest of the public, for public purposes only, on such terms and conditions and in such manner as it may deem proper, and owning, conveying and otherwise disposing of and leasing as lessor and lessee any land and any other property, real and personal, and any rights and interests therein which it may determine to be reasonably necessary in furtherance of its other powers under this Act and granting and acquiring licenses, easements and options with respect thereto; (7) improving land, constructing, reconstructing, equipping, improving, maintaining and repairing parking facilities, parks, plazas, malls, walkways and other public facilities and any necessary or desirable appurtenances thereto within project areas; (8) fixing, charging and collecting fees, rents and charges for the use of any project, any part thereof and any facilities furnished thereby, and of any property under its control, and pledging such revenue to the payment of revenue bonds issued by it. (p) To have and exercise any and all of the usual powers of private and public corporations, except such as are inconsistent with this Act, including the power to adopt and amend bylaws and regulations for the conduct and management of the Authority. (q) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (r) To designate officers to sign and act for the Authority generally or in any specific matter.

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(s) To do any and all acts and things necessary or convenient to accomplish or to complement the purpose and powers of the Authority as herein stated. Section 6 . Powers Declared Supplemental and Additional. The foregoing Sections of this Act shall be deemed to be supplemental and in addition to powers conferred by other laws. Section 7 . Advisory Committee. The Mayor and Board of Aldermen of Byron, by resolution, may establish an advisory committee to the Authority. Said committee shall be composed of from ten to twenty citizens of Peach County and said committee shall be charged with the responsibility to make recommendations to the Authority in connection with the redevelopment of project areas. It shall be the responsibility of the city to advise the Authority of the composition of the committee and notify the Authority of changes in membership from time to time. The terms of members of the committee shall be in the discretion of the mayor and board of aldermen. Section 8 . Public Funds. The City of Byron and Peach County, either or both, are authorized and permitted to provide public funds to the Authority for the purposes of the Authority set forth in this Act; provided, however, that the debts of the Authority shall not constitute debts of the State nor of any city, town, municipality or county thereof. Section 9 . Liberal Construction of Act. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 10 . Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1979 Session of the General Assembly of Georgia a Bill to create a Byron Redevelopment Authority and provide for its powers and duties; 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: January 11, 18, 1979, February 1, 1979. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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JUDGES OF RECORDER'S COURT IN CERTAIN COUNTIES (180,000-190,000). No. 326 (House Bill No. 863). AN ACT To provide for an additional judge of the recorder's court of any county of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census; to provide for the initial appointment and for the subsequent election of said additional judge; to provide for terms of office and compensation of said additional judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There shall be one additional judge of the recorder's court of any county of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census. The first such additional judge shall be appointed by concurrent resolutions adopted by the governing authority of such county and by the governing authority of the largest municipality within such county. Such concurrent resolutions shall be adopted by said governing authorities by June 1, 1979, and shall provide for such additional judge to take office on July 1, 1979. In the event the governing authorities of such county and municipality fail to adopt said concurrent resolutions appointing said additional judge by June 1, 1979, it shall be the duty of a majority of the judges of the superior courts of any judicial circuit wherein a county having the aforesaid population lies to appoint such additional judge, and the judge so appointed shall take office on July 1, 1979. The first additional judge appointed as provided herein shall serve for a term of office ending on December 31, 1980, and until his successor is elected and qualified as hereinafter provided. (b) Successors to such additional judge shall be elected by majority vote of the qualified electors of such county voting at the

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elections as hereinafter provided. The first successor to said additional judge appointed pursuant to subsection (a) of this Section shall be elected at the general election of 1980 and shall take office on the first day of January 1981 for a term of four years and until his successor is elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following said election for a term of four years and until a successor is elected and qualified. (c) Said additional judge of said recorder's court of such county shall receive an annual salary of $27,000.00 which shall be paid in equal monthly installments from the funds of such 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. Approved April 11, 1979. HENRY COUNTYBOARD OF COMMISSIONERS. No. 327 (House Bill No. 864). AN ACT To amend an Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680), as amended, so as to change the provisions relative to the compensation of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680), as amended, is hereby amended by striking in its entirety Section 5 which reads as follows: Section 5. The Chairman of the Board shall receive an annual salary of $3,600.00. The compensation of the Vice-Chairman shall be $2,700.00 per annum, and the compensation of the other members of the Board shall be $2,400.00 per annum. Said salary shall be payable in equal monthly installments out of the general funds of Henry County. The Chairman and each of the other four (4) members of the Board shall also receive an expense allowance for incounty travel, of $1,200.00 per annum, payable in equal monthly installments out of the funds of Henry County., and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The Chairman of the Board shall receive an annual salary of $3,920.00 or an amount equal to 20% of the annual salary now or hereafter provided by general or local law for the Sheriff of Henry County, whichever is greater. The Vice-Chairman of the Board shall receive an annual salary of $3,430.00 or an amount equal to 17 1/2% of the annual salary now or hereafter provided by general or local law for the Sheriff of Henry County, whichever is greater. The other members of the Board shall receive an annual salary of $2,940.00 or an amount equal to 15% of the annual salary now or hereafter provided by general or local law for the Sheriff of Henry County, whichever is greater. Said salary shall be payable in equal monthly installments out of the general funds of Henry County. The Chairman and each other member of the Board shall also receive an expense allowance for in-county travel, of $1,200.00 per annum, payable in equal monthly installments out of the funds of Henry County. Section 2. This Act shall become effective on the first day of July, 1979. 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 1979 session of the General Assembly of Georgia local legislation to amend an Act creating a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680); and for other purposes. This 29th day of January, 1979. /s/ G. Richard Chamberlin Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Henry Herald which is the official organ of Henry County, on the following dates: January 31, 1979, February 7, 14, 1979. /s/ G. Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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HENRY COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 328 (House Bill No. 865). AN ACT To amend an Act placing the Sheriff, the Clerk of the Superior Court, and the Judge of the Probate Court of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3059), an Act approved March 23, 1977 (Ga. Laws 1977, p. 4124), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4130), so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, the Clerk of the Superior Court, and the Judge of the Probate Court of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3059), an Act approved March 23, 1977 (Ga. Laws 1977, p. 4124), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4130), is hereby amended by striking in its entirety Section 2 which reads as follows: Section 2. The salary of the sheriff of Henry County shall be $17,500 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ one chief deputy. The salary of the chief deputy shall be fixed by the governing authority of Henry County and paid in equal monthly installments from county funds. In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. The governing authority of

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Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. Effective January 1, 1978, the annual salary of the sheriff shall be increased by an additional 2 1/2% on the first day of January of each year., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The salary of the Sheriff of Henry County shall be $19,600.00 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ one chief deputy. The salary of the chief deputy shall be fixed by the governing authority of Henry County and paid in equal monthly installments from county funds. In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. Effective January 1, 1980, the annual salary of the sheriff shall be increased by an additional 3 1/2% on said date. Effective July 1, 1980, the annual salary of the sheriff shall be increased by an additional 3 1/2% on said date and on the first day of July each year thereafter. Section 2. Said Act is further amended by striking in its entirety Section 3 which reads as follows: Section 3. The Clerk of the Superior Court of Henry County shall be paid a salary of $14,500 per year to be paid in equal monthly installments out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County. Effective January 1, 1978, the annual salary of the clerk shall be increased by an additional 2 1/2% on the first day of January of each year.,

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and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The Clerk of the Superior Court of Henry County shall be paid a salary of $16,000 per year to be paid in equal monthly installments out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County. Effective January 1, 1980, the annual salary of the clerk shall be increased by an additional 3 1/2% on said date. Effective July 1, 1980, the annual salary of the clerk shall be increased by an additional 3 1/2% on said date and on the first day of July each year thereafter. In no event shall the annual salary of the clerk of the superior court be less than 80% of the annual salary of the Sheriff of Henry County as now or hereafter provided by local or general law. Section 3. Said Act is further amended by striking in its entirety Section 4 which reads as follows: Section 4. The Judge of the Probate Court of Henry County shall be paid an annual salary of $13,950. The annual salary of said officer shall be increased by an additional 2 1/2% on the first day of January of each year commencing January 1, 1978. Said salary shall be paid in equal monthly installments out of county funds. The Judge of the Probate Court is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerk and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County., and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The Judge of the Probate Court of Henry County shall be paid an annual salary of $16,000.00. The annual salary of said officer shall be increased by an additional 3 1/2% on January 1, 1980. Said annual salary shall be further increased by 3 1/2% on July 1, 1980, and on the first day of July of each year thereafter. In no event shall the annual salary of the judge of the probate court be less than 80% of the annual salary of the Sheriff of Henry County as

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now or hereafter provided by local or general law. Said salary shall be paid in equal monthly installments out of county funds. The Judge of the Probate Court is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerk and assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Henry County. The annual salary provided for the judge of the probate court shall be his full compensation and shall be in lieu of any and all fees or salary now or previously provided for handling traffic cases. Section 4. Said Act is further amended by striking from Section 4A the following: thirteen thousand dollars ($13,000.00), and inserting in lieu thereof the following: fifteen thousand six hundred eighty dollars ($15,680), and by adding at the end of said Section the following: Said annual salary of the tax commissioner shall be increased by 3 1/2% on January 1, 1980. Said annual salary shall further be increased by 3 1/2% on July 1, 1980, and on the first day of July each year thereafter. In no event shall the annual salary of the tax commissioner be less than 80% of the annual salary of the Sheriff of Henry County as now or hereafter provided by local or general law., so that when so amended said Section 4A shall read as follows: Section 4A. The tax commissioner of Henry County shall receive an annual salary of fifteen thousand six hundred eighty dollars ($15,680.00) payable in equal monthly installments from the funds of Henry County. All fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds to Henry County. On or before the tenth day of each month the tax commissioner shall pay over to the fiscal authority of Henry County all such funds as shall have been collected by him for the county during the immediately

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preceding calendar month 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 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. The tax commissioner is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries but the number of such clerks and assistants and the salary thereof shall be subject to the final approval of the board of county commissioners of Henry County. Said annual salary of the tax commissioner shall be increased by 3 1/2% on January 1, 1980. Said annual salary shall further be increased by 3 1/2% on July 1, 1980, and on the first day of July each year thereafter. In no event shall the annual salary of the tax commissioner be less than 80% of the annual salary of the Sheriff of Henry County as now or hereafter provided by local or general law. Section 5. This Act shall become effective on the first day of July, 1979. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia local legislation to amend an Act placing the Sheriff, the Clerk of Superior Court, the

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Tax Commissioner, and the Judge of Probate Court of Henry County on an annual salary, approved March 25, 1958 (Ga. Laws 1958, p. 3127), as amended; and for other purposes. This 29th day of January, 1979. /s/ G. Richard Chamberlin Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Henry Herald which is the official organ of Henry County, on the following dates: January 31, 1979, February 7, 14, 1979. /s/ G. Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COMPENSATION OF NAMED OFFICIALS IN CERTAIN COUNTIES (145,000-165,000). No. 329 (House Bill No. 867). 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), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 3860), 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), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 3860), 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 $ 1,785.00 Judge of Probate Court $ 2,041.66 Tax Commissioner $ 1,900.00 Judge of State Court $ 2,222.00 Solicitor of State Court $ 1,356.60 Coroner $ 936.00 Judge of Civil Court $ 2,152.00 Associate Judge of Civil Court $ 1,785.00 Chairman, Board of Commissioners $ 783.33 County Commissioners $ 583.33 District Attorney $ 595.83 Judges of the Superior Court $ 807.85 Sheriff $ 2,336.00.

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Provided, however, that the judge of the State court shall not be permitted to engage in the private practice of law. Provided further that in the event SB 15 fails to become law, the Tax Commissioner's salary set forth on Page 1, line 26, shall be $1,995.00 instead of $1,900.00. Section 2. This Act shall become effective on April 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. BOTANICAL GARDENS IN CERTAIN MUNICIPALITIES (MORE THAN 300,000). No. 330 (House Bill No. 868). AN ACT To authorize municipal corporations of this State having a population of more than 300,000 by the Federal Census of 1970, or by any future decennial census to enter into certain valid and binding leases and contracts to provide for the operation and maintenance of botanical gardens on municipal property; 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. Notwithstanding any provision of law to the contrary, any municipal corporation of this State having a population of more than 300,000 by the Federal Census of 1970, or by any future decennial census, is hereby authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations or corporations for any period of time not to exceed fifty (50) years to provide for the operation and maintenance of botanical gardens on municipal property. 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 April 11, 1979. STATE COURT OF COBB COUNTYSOLICITOR'S COMPENSATION. No. 331 (House Bill No. 870). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, is

Page 4198

hereby amended by striking subsection (b) of Section 27 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The compensation of the solicitor shall be $28,800.00 per annum, payable in equal monthly installments from the funds of Cobb County; provided, however, that effective April 1, 1980, said compensation shall be increased to $30,100.00. Said compensation shall be in lieu of any and all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation in any capacity. The solicitor shall diligently and faithfully undertake to collect all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation for his services in any capacity and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. Said solicitor shall not engage in the private practice of law during the term of office for which he is elected. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the

Page 4199

Civil and Criminal Court of Cobb County, approved March 28th, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath, 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: January 5, 12, 19, 1979. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF COBB COUNTYCLERK'S COMPENSATION. No. 332 (House Bill No. 871). 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 23, 1977 (Ga. Laws 1977, p. 3870), so as to change the provisions relating to the salary of the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3870), is hereby amended by striking from Section 23 the following: The clerk of the State Court shall receive an annual salary of $20,000.00, payable in equal monthly installments from the funds of Cobb County., and inserting in lieu thereof the following: Until April 1, 1980, the clerk of the State Court shall receive an annual salary of $21,400.00, payable in equal monthly installments from the funds of Cobb County. On and after April 1, 1980, the annual salary of said clerk shall be $22,900.00.

Page 4201

Section 2. This Act shall become effective on April 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 January-February 1979 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 28th, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

Page 4202

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: January 5, 12, 19, 1979. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TOWN OF LONE OAKELECTIONS OF MAYOR AND COUNCIL, ETC. No. 333 (House Bill No. 872). AN ACT To amend an Act incorporating the Town of Lone Oak, approved November 15, 1901 (Ga. Laws 1901, p. 520), as amended, so as to change the provisions relating to the election of the mayor and councilmen; 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 incorporating the Town of Lone Oak, approved November 15, 1901 (Ga. Laws 1901, p. 520), as amended, is hereby amended by striking Section 3, which reads as follows: Section 3. Be it further enacted, That on the fourth Wednesday in December, 1901, and annually thereafter on the same day, there shall be an election held in said town for a mayor and four councilmen, who shall hold their office for one year, and until their successors are elected and qualified, but no one shall vote for, or be eligible to, the office of mayor or councilmen of said town who is not a resident of said town, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and concluded in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the person elected to enter upon the discharge of the duties of the office to which they have been elected., in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Be it further enacted, That on the fourth Wednesday in December 1979, and biennially thereafter on the same day in each odd-numbered year, there shall be an election held in said town for a mayor and four councilmen, who shall hold their office for one year, and until their successors are elected and qualified, but

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no one shall vote for, or be eligible to, the office of mayor or councilmen of said town who is not a resident of said town, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the manner provided by Code Title 34A, the Georgia Municipal Election Code, as now or hereafter amended, and the certificate of the managers shall be sufficient authority to the person elected to enter upon the discharge of the duties of the office to which he has been elected. Elections shall be held at any place within the corporate limits of the town which may be designated thereof. Section 2. Said Act is further amended by striking Section 4, which reads as follows: Section 4. Be it further enacted, That the first election to be held under the provisions of this Act shall be held at the storehouse of J. B. Hopson, in said town, and that the elections, to be annually thereafter, may be held at any place within the corporate limits of said town which may be designated by the mayor thereof; provided, that if this Act has not passed both Houses of the General Assembly, and been approved by the Governor, at the time specified for holding said first election, then said election may be held within sixty days from the passage of said Act. in its entirety. Section 3. The provisions of this Act shall not affect the terms of office of any person serving as mayor or councilman of the Town of Lone Oak on the effective date of this Act, and such mayor and councilmen shall continue to serve for the remainder of their unexpired terms of office, unless otherwise removed as provided by law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4205

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Lone Oak, approved November 15, 1901 (Ga. Laws 1901, p. 520), as amended; and for other purposes. This 26th day of January, 1979. Claude A. Bray, Jr. Representative, 70th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: February 2, 9, 16, 1979. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4206

TAYLOR COUNTYSHERIFF'S COMPENSATION. No. 334 (House Bill No. 876). 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, particularly by an Act approved March 7, 1978 (Ga. Laws 1978, p. 3080), so as to change the compensation of the sheriff; to provide a cost-of-living increase; 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, particularly by an Act approved March 7, 1978 (Ga. Laws 1978, p. 3080), is hereby amended by striking Section 1A of said Act in its entirety and substituting in lieu thereof a new Section 1A to read as follows: Section 1A. (a) Except as provided in subsection (b), any Sheriff of Taylor County who has held office for thirty-one consecutive years shall receive a salary of $17,000.00. Any Sheriff of Taylor County who has held office for thirty-two consecutive years shall receive a salary of $18,000.00. Said salary is payable in equal monthly installments from funds of Taylor County. (b) 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. (c) Beginning January 1, 1981, and each year thereafter, the Sheriff of Taylor County shall receive a cost-of-living increase. Said increase shall be computed in December in each year and shall be determined by multiplying the salary for the year in which such computation is made by five percent. Said cost-of-living increase shall be paid in equal monthly installments from the funds of Taylor

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County beginning in the month of January next following such computation. 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 1979 session of Georgia General Assembly to change the compensation of the Taylor County Sheriff's Office and for other purposes. This 29th day of January, 1979. Taylor County Commissioners Debra Bone, 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: January 31, 1979, February 8, 1979, February 15, 1979. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TOWN OF RANGERNEW CHARTER. No. 335 (House Bill No. 877). AN ACT To provide a new Charter for the Town of Ranger in the County of Gordon; to provide for the corporate powers of said Town; to provide for the governing authority; to provide for the administrative affairs of said Town; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said Town; 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 Town of Ranger, repealing and replacing the charter provided by an Act of the General Assembly, approved August 15, 1910 (Ga. Laws 1910, p. 1058), as amended. The Town of Ranger, Georgia, in the County of Gordon and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of the Mayor and Town Council of Ranger, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.11. Corporate Boundaries. (a) The boundaries of the Town of Ranger shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the Town of Ranger, at all times, shall be shown on a map to be retained permanently in the office of Town Clerk and to be designated: Town of Ranger, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions

Page 4209

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 Town Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Examples of Powers. The corporate powers of this Town 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 Town taxes or fees; (4) Appropriations and Expenditures. To make appropriations for 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; (5) Municipal Debts. 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; (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 Town;

Page 4210

(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 Town 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 the corporate limits of the Town for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the Town; 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,

Page 4211

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 of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the Town 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;

Page 4212

(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 Town 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 Town; (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 Town from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;

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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; 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 Town 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 Town's court may work out such sentence in any public works or on the streets, roads, drains and squares in the Town; or to provide for 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 Town; (31) Taxicabs. To regulate and license vehicles operated for hire in the Town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;

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(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the Town; (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) Town Agencies and Delegation of Power. 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; (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 Town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the Town; (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 Town 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 Town and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully 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 Town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this Town shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. Except for certain initial terms, the members of the Town Council shall serve for terms of two years and until their respective successors are elected and qualified. The Mayor shall serve for a term of four years and until his successor is elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the Town 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 Town.

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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 Town shall be fixed by said Mayor and Council at the first regularly scheduled meeting in the month following the Town'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 Town office or Town 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 Town. Section 2.16 . Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the Town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony

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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 Town 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 Town. The Council may enforce such ordinances by imposing penalties for the violation thereof. (c) The Council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments of the Town 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 Town. He shall possess all of the executive and administrative powers granted to the Town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. Section 2.19 . Powers and Duties of Mayor. As the chief executive of this Town, the Mayor: (a) shall see that all laws and ordinances of the Town 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 Town 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 Town 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 Town 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 Town, 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 Town; (k) may require any department or agency of the Town 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 May next following the Town 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 Councilman as the case may be) of this Town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. [Illegible Text]. (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 Town of Ranger 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 Town 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 Town Clerk for distribution or for purchase at a reasonable price. Section 2.29. Signing, Authenticating, Recording; Codifying, Printing. (a) The Town 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 Town. 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 Town of Ranger, 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 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 Town 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 offices, positions of employment, departments and agencies of the Town, as necessary for the proper administration of the affairs and government of this Town.

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(b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the Town 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 Town shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on a board, commission or authority of the Town 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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(e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the Town 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 Town 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 Town. Each board, commission or authority of the Town government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the Town or 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 Town. Section 3.12. Town Attorney. The Council may appoint a Town Attorney, together with such assistant Town Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the Town. The Town Attorney shall be responsible for representing and defending the Town in all litigation in which the Town 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 Town concerning legal aspects of the Town's affairs; and shall perform such other duties as may be required of him by virtue of his position as Town Attorney. Section 3.13. Town Clerk. The Council may appoint a Town Clerk to keep a journal of the proceedings of the Town Council and to maintain in a safe place all records and documents pertaining to the affairs of the Town and to perform such other duties as may be required by law or as the Council may direct. Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the Town subject to the provisions of this charter and the

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ordinances of the Town, and the Tax Collector shall diligently comply with and endorse all general laws of the State of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.15. Town Accountant. The Council may appoint a Town 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 Town Clerk, Town Tax Collector and Town Accountant or any other positions or may assign the functions of any one or more of such positions to the 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 Town which shall have jurisdiction and authority to try offenses against the laws and ordinances of the Town and to punish for a violation of the same. 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. (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.

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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 Town 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 Town 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 Town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for Town property taxes. (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.

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(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 Town 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 Gordon County in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court; provided, however, that any person who fails to file his appeal to the Superior Court in either of the above cases within thirty days of the date of his conviction in the Recorder's Court shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the Council, the Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Recorder's Court; provided, however, that the Council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said Court may be filed with the Town 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

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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 first Tuesday in April, 1979, there shall be an election for Mayor. The Mayor shall be elected for a term of office of two years and until his successor is elected and qualified. Thereafter, successors shall be elected biennially on the first Tuesday in April for terms of office of two years and until their successors are elected and qualified. For the purposes of electing Councilmen, there shall be four posts: Council Post No. 1, Council Post No. 2, Council Post No. 3 and Council Post No. 4. Any person desiring to run for membership on the Council shall designate the post for which he is offering as a candidate. On the first Tuesday in April, 1979, there shall be an election for the four Councilmen. The Councilmen elected to Council Posts No. 1 and No. 2 shall serve for terms of office of four years and until their successors are elected and qualified. The Councilmen elected to Council Posts No. 3 and No. 4 shall serve for terms of office of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the biennial election on the first Tuesday in April of the year that respective terms of such Councilmen expire to serve for terms of office of four years and until successors are elected and qualified. (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. (c) The Mayor and Aldermen elected pursuant to the provisions of the 1910 charter, as amended, shall serve until the Mayor and Councilmen elected under the provisions of this Act take their oaths of office. 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 remaining members of the Mayor and Council shall appoint a successor to fill the balance of the unexpired term of such office. Section 5.13 . Nonpartisan Elections. Political parties shall not conduct primaries for Town offices and all names of candidates for Town offices shall be listed without party labels.

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Section 5.14 . Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. 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 of the Council to the Superior Court of Gordon County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court.

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(b) By information filed in the Superior Court of Gordon 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 Town 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 Town 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 Town 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 Town. 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 Town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the Town to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13. License, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this Town or who practice or offer to

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practice any profession or calling therein to obtain a license or permit for such activity from the Town and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude Town regulation. Such fees may reflect the total cost to the Town of regulating the activity and if unpaid shall be collected as provided in 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 Town for the total cost to the Town 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 Town property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this Article for Town property taxes. Section 6.16. Construction, Other Taxes. The Town shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the Town 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

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delinquent taxes, fees or other revenue due the Town 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 Town licenses for failure to pay any Town taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of Executions. The Town Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. 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 Town, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or County ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.19. General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue Bonds. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-Term Notes. The Town must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law.

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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 Town 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, 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.

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Section 6.26. Independent Audit. There shall be an annual, independent audit of all Town 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 Town shall be binding on the Town 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 Town. Section 6.29. Sale of Town Property. (a) The Council may sell and convey any real or personal property owned or held by the Town for governmental or other purposes as provided by general State law, as now or later amended, 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 Town has no readily ascertainable monetary value. (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 Council may authorize the Mayor to execute and deliver in the name of the Town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining

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property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the Town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII 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 Town, and to regulate the use thereof, and for such purposes, property, which is located within the corporate limits of the Town, 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 Town's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The 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 Town receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the Town Clerk in a registration book to be kept by him. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.12. Official Bonds. The officers and employees of the Town, 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.

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Section 7.13. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the Town 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 Town 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 Town agencies, personnel or offices as may be provided by the Council. Section 7.16. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed sixty days or both such fine and imprisonment. Section 7.17. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word Town shall mean the Town of Ranger, Georgia and its governing authority.

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(d) The word Council shall mean the Town Council of this Town. (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 Town of Ranger in the County of Gordon, approved August 15, 1910 (Ga. Laws 1910, p. 1058), as amended by an Act approved August 11, 1915 (Ga. Laws 1915, p. 779) and an Act approved August 13, 1929 (Ga. Laws 1929, p. 1248), 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 the City of Ranger intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia to amend, revise and create a new charter for the City of Ranger, and for other purposes. This the 27th day of December, 1979. /s/ Ernest Ralston Representative Gordon County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest Ralston who, on oath, deposes and says that he/she is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Calhoun Times which is the official organ of Gordon County, on the following dates: January 3, 10, 17, 1979. /s/ Ernest Ralston Representative, 7th District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COBB COUNTYCOMPENSATION OF CLERK OF PROBATE COURT. No. 336 (House Bill No. 878). AN ACT To amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4457), so as to change the provisions relating to the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4457), is hereby amended by striking from Section 3 the following: The clerk of the probate court shall be compensated in the amount of $13,000.00 per annum to be paid in equal monthly installments from the funds of Cobb County., and inserting in lieu thereof the following: The clerk of the probate court shall be compensated in the amount of $14,000.00 per annum until April 1, 1980. On and after April 1, 1980, said clerk shall be compensated in the amount of $15,000.00 per annum. The annual salary of said clerk shall be paid in equal monthly installments from the funds of Cobb County. so that when so amended Section 3 shall read as follows:

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Section 3. That the Judge of the Probate Court of said county shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. The clerk of the probate court shall be compensated in the amount of $14,000.00 per annum until April 1, 1980. On and after April 1, 1980, said clerk shall be compensated in the amount of $15,000.00 per annum. The annual salary of said clerk shall be paid in equal monthly installments from the funds of Cobb County. Section 2. This Act shall become effective on April 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 January-February 1979 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 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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: January 5, 12, 19, 1979. /s/ Max D. Kaley Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TOWN OF POOLERCORPORATE LIMITS. No. 337 (House Bill No. 880). AN ACT To amend an Act creating a new Charter for the Town of Pooler, approved March 31, 1976 (Ga. Laws 1976, p. 3419), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3246), so as to extend and increase the corporate limits of the Town of Pooler; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the Town of Pooler, approved March 31, 1976 (Ga. Laws 1976, p. 3419), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3246), is hereby further amended by adding at the end of Section 1.11 a new subsection (c) to read as follows: (c) In addition, the corporate limits of the Town shall also include the following described tract of land: ALL THAT CERTAIN LOT, tract or parcel of land situate, lying and being in the 8th G. M. District of Chatham County, Georgia, near the eleven (11) mile post of the Old Louisville Road, and being a portion of the Shearouse Tract, formerly Glendale Subdivision, containing Two Hundred Thirty-seven and Ninety-one Hundreths (237.91) acres, and being more particularly described as follows: Commencing at the point of intersection of the center line of Sheftall Street in the Town of Pooler, with the South line of the old Central of Georgia Railroad

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Right of Way, and proceeding thence along the South line of said Right of Way N 70 20[UNK] 10[UNK] W for a distance of 2013.93[UNK] to a point and this is the point of beginning; thence proceed S 21 44[UNK] 19[UNK] W for a distance of 1852.88[UNK] to a point; thence N 70 20[UNK] 10[UNK] W for a distance of 543[UNK] to a concrete monument; thence S 19 39[UNK] 50[UNK] W for a distance of 160.87[UNK] to a point; thence N 62 32[UNK] 30[UNK] W for a distance of 121.30[UNK] to a concrete monument; thence N 75 38[UNK] 20[UNK] W for a distance of 140.73[UNK] to a concrete monument; thence N 89 48[UNK] W for a distance of 163.64[UNK] to a concrete monument; thence S 74 26[UNK] W for a distance of 202.36[UNK] to a concrete monument; thence S 22 12[UNK] 20[UNK] W for a distance of 630.22[UNK] to a concrete monument; thence N 64 23[UNK] 05[UNK] W for a distance of 3489.47[UNK] to a concrete monument; thence N 21 29[UNK] 10[UNK] E for a distance of 1409.68[UNK] to a concrete monument, thence N 75 49[UNK] 10[UNK] E for a distance of 1686.33[UNK] to a concrete monument; thence N 21 50[UNK] W for a distance of 96.10[UNK] to a concrete monument on the old Central of Georgia Railroad Right of Way; thence S 70 20[UNK] 10[UNK] E along said Right of Way for a distance of 2908.46[UNK] to a concrete monument; thence S 70 20[UNK] 10[UNK] E along said Right of Way for a distance of 295[UNK] to a point; thence N 19 39[UNK] 50[UNK] E along said Right of Way for a distance of 25[UNK] to a point; thence S 70 20[UNK] 10[UNK] E along said Right of Way for a distance of 99.93[UNK] to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Pooler, approved March 31, 1976, Ga Laws 1976, Page 3419, as amended by Ga. Laws

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1978, Page 3246, approved March 13, 1978; to change and extend the corporate limits of the Town of Pooler. Edward H.Lee Town Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths. George 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 Georgia Gazette and Journal Record which is the official organ of Chatham County, on the following dates: January 22, 29 and February 5, 1979. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF SAND HILLNEW CHARTER, REFERENDUM. No. 338 (House Bill No. 881). AN ACT To provide a new Charter for the City of Sand Hill, Georgia, in the County of Carroll; to provide for the incorporation of said city; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Sand Hill, to be exercised by the governing authority; to provide for the powers, duties and authority of the city and its officers, officials and employees and the citizens of the city; to provide for general and specific powers; to provide for construction of this charter and the powers of the city; to provide for the exercise of powers, functions, rights, privileges and immunities; to provide for ordinances, bylaws, rules and regulations; to provide for a city council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilman; to provide for a mayor and his term of office, election or appointment, duties, powers, authority, compensation, qualifications, and vacancies; to provide for prohibitions on holding certain offices or positions of employment, voting, and dealing with the city; to provide for inquiries and investigations; to provide for the general power and authority of the council; to provide for the organization and procedures of the mayor and council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoption; to provide for emergency ordinances; to provide for codes of technical regulations; to provide for submission of ordinances to the mayor and his power of veto; to provide for codifications of laws and ordinances; to provide for the executive branch of city government and its organization; to provide for departments and employees of city government; to provide for boards, commissions, and authorities; to provide for a city attorney and his appointment, qualifications, compensation, duties, powers, and authority; to provide for administrative officers, including a city clerk, tax collector and city accountant, and their appointment, qualifications, compensation, duties, powers, and authority; to provide for personnel administration; to provide for a municipal court and its judges, jurisdiction, practices, procedures, powers, and authority; to provide for appeals

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and rules; to provide for elections and the practices, procedures, and requirements connected with such elections; to provide for the conduct of elections; to provide for special elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for the financial and fiscal administration of the city; to provide for taxation and the practices and procedures connected therewith; to provide for property taxes, tax levies, tax due dates, tax bills, and the collection of delinquent taxes; to provide for licenses, occupational taxes, excise taxes, sewer service charges, sanitary and health service charges, and special assessments; to provide for the transfer of executions; to provide for borrowing by the city; to provide for general obligation bonds, revenue bonds, and short-term notes; to provide for accounting and budgeting procedures; to provide for a fiscal year; to provide for the preparation and submission of budgets; to provide for action by the council on budgets; to provide for property tax levies; to provide for appropriations; to provide for contracting procedures and purchasing and disposal of city property; to provide for municipal services and regulatory functions; to provide for official bonds; to provide for existing ordinances and regulations; to provide for Section captions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal an Act incorporating the Town of Sand Hill, approved August 17, 1903 (Ga. Laws 1903, p. 660); to provide for severability; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: SAND HILL CITY CHARTER ARTICLE I CREATION, INCORPORATION, POWERS Section 1.11. Incorporation. The City of Sand Hill, Georgia, in the County of Carroll, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Sand Hill, 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,

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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. All that tract or parcel of land situate, lying and being in the 5th Land District and the 6th Land District, Carroll County, Georgia, and being more particularly described as follows: Commencing at the northwest corner of Land Lot 144, 5th District, and running thence due east along the north land lot line of Land Lots 144, 113, and 112 of the 5th District to the northeast corner of said Land Lot 112; running thence northerly along the west land lot line of Land Lot 6 of the 6th District to the northwest corner of said Land Lot; running thence in an easterly direction along the north land lot line of Land Lots 6, 5, 4, and 3 of the 6th District to the northeast corner of said Land Lot 3; running thence in a southerly direction along the east land lot line of Land Lots 3 of the 6th District and 48 of the 5th District to the southeast corner of said Land Lot 48; running thence in a westerly direction along the south land lot lines of Land Lots 48 and 49 of the 5th District to the southwest corner of Land Lot 49; running thence in a southerly direction along the east land lot line of Land Lots 79, 78, 77, of the 5th District to the intersection of the east land lot line of said Land Lot 77 and the south right-of-way of Georgia Highway 166; running thence in a westerly direction along the south right-of-way of Georgia Highway 166 to the intersection of said right-of-way with the west land lot line of Land Lot 140 of the 5th District; running thence in a northerly direction along the west land lot lines of Land Lots 140, 141, 142, 143, and 144 of the 5th District to the point of beginning. Section 1.13. Specific Powers. The corporate powers of the government of the City of Sand Hill, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to

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taxation; provided that the levy of all ad valorem property taxation by the city shall not exceed one mill, unless a referendum is held in the city and the voters approved increasing such millage rate; (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 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; provided that no fees or franchise charges may be imposed on or collected from the Carroll County Water Authority; (8) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb,

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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; (9) 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) 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, drains, charitable, cultural, and medical agencies; 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; (11) 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; (12) To provide for the prevention and punishment of drunkenness, riots and public disturbances; (13) To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of intoxicating liquors; 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; (14) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (15) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, buildings and any and all other structures or obstructions upon

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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; (16) 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; (17) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (18) To provide for the 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; (19) 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; (20) 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; (21) To define a nuisance and provide for its abatement whether on public or private property; (22) 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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(23) 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; (24) To adopt ordinances and regulations for the prevention of disorderly conduct and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this State, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (25) 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; (26) 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; (27) 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; (28) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (29) To exercise the power of arrest through duly appointed policemen; (30) 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

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the protection, safety, health or well-being of the citizens of the city. 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. Exercise of Powers . All powers, functions, rights, privileges and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. Section 1.16. Ordinances . All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the governing authority. ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election . The legislative authority of the government of the City of Sand Hill, Georgia, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office . The members of the council shall serve for terms of 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 not less than one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of

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service, and shall be registered and qualified to vote in municipal elections of the City of Sand Hill, Georgia, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies . (a) Vacancies - The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) Forfeiture of Office - The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of Vacancies - A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses . The mayor and councilmen shall receive no compensation for their services. Section 2.14. Prohibitions . (a) Holding Other Office - Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected. (b) Voting When Personally Interested - Neither the mayor nor any other member of the council shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations . The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof.

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Section 2.16. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Sand Hill, Georgia, as provided by Article I. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Sand Hill, 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. Section 2.17. Powers and Duties of Mayor. The mayor shall be the chief executive official for the city and chief advocate of policy. He shall preside at meetings of the council, shall sign ordinances and resolutions except as otherwise provided by this charter, shall sign deeds, bonds, contracts and other instruments or documents when authorized by the council to do so. The mayor shall vote only in case of a tie. The mayor shall perform such other duties as may be imposed by this charter or by ordinance of the council not inconsistent therewith. Sections 2.18 and 2.19. Reserved. Section 2.20. Organization of Council. The new council members shall be sworn in by the city clerk and the oath of office shall be administered to the newly elected members as follows: 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 Sand Hill, Georgia, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.

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Following the induction of members, the council by majority vote of all the members thereof shall elect one of their members to be mayor pro tem, who shall serve for a term of one year and until his successor is elected and qualified. Section 2.21. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor with the consent of at least two members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences at least six hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. (c) All meetings of the council shall be public. Section 2.22. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.23. Quorum: Voting. The mayor (or mayor pro tem when presiding) and three councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by hand vote and the votes shall be recorded in the journal. When a quorum is present, the affirmative vote of a majority of those councilmen present shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.24. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the council which is to become law, shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Sand Hill, Georgia, hereby ordains....

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(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. 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 2.25. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend a franchise; regulate the rate changes by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall plainly be designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.26. Codes of Technical Regulations. (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.24(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.

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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 of recording all ordinances adopted by the council. Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter, any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Sand Hill, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the council. (c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinance and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first Code of the City of Sand Hill, Georgia, and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.28. Submission of Ordinances to the Mayor. (a) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if

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the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his vote. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's vote as provided herein. Section 2.29. Open Meetings. Each meeting of the mayor and council and each meeting of a committee or subcommittee of the council shall be open and accessible to the public. In addition to such meetings, each gathering, assemblage or meeting in which the mayor or any two or more members of the council participate or which they attend shall be open and accessible to the public when the primary purpose of such gathering, assemblage or meeting is the development of positions on, or the formulation of policies relative to, any particular proposal or proposals which may come before the mayor and council. For the purposes of this Section, when three or more members of the council or the mayor and two councilmen participate in or are present at any such gathering, assemblage or meeting, it shall be a prima facie conclusion that such gathering, assemblage or meeting is for the primary purpose of the development of positions on, or the formulation of policies relative to a particular proposal or proposals. If the gathering, assemblage or meeting is one of a social nature, the presumption provided for in the previous sentence may be successfully rebutted when it can be shown by substantial evidence that the circumstances surrounding such gathering, assemblage or meeting are of such a nature to cause a reasonable person to reach the conclusion that such gathering, assemblage or meeting was convened primarily for social purposes. If such evidence shall be present, there shall be no violation of this Section even though members of the general public were not granted access to such gathering, assemblage or meeting and even though a proposal as specified herein was discussed as an ancillary or incidental part of the gathering, assemblage or meeting.

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ARTICLE III EXECUTIVE BRANCH Section 3.10. Administrative and Service Departments. (a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees and positions as may be provided by this charter or by ordinance and shall be subject to the direct supervision and guidance of the mayor and council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11. Boards, Commissions, and Authorities. (a) All members of boards, commissions and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other

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appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law. (b) No voting member of any board, commission, or authority shall hold any elective office in the city. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council. (f) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions and authorities shall be prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable State law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one year and may elect as its secretary an employee of the city. Each board, commission, or authority of the city government may establish (after approval by the mayor and city councilmen) such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. Sections 3.12. - 3.29. Reserved.

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Section 3.30. City Clerk. The mayor and council may appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law. Section 3.31. Tax Collector. The city clerk shall be the tax collector, to collect all taxes, licenses, fees and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.32. City Attorney. The city council may appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The council shall provide for the payment of such attorney or attorneys for services rendered to the city as directed by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the 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. Sections 3.33. - 3.40. Reserved. Section 3.41. Personnel Policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; and (2) the administration of position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoffs shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Sand Hill, Georgia.

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ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal Court; Creation. There is hereby established a court to be known as the Municipal Court of the City of Sand Hill, Georgia, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and State as allowed by State law and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of, and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tem become disqualified, then any member of the council may be designated to preside with the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council.

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(d) The city attorney shall not serve as the judge or judge pro tem of the municipal court. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The municipal court shall try and punish for crimes against the City of Sand Hill and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or thirty days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $300.00 or imprisonment for thirty days or both and as alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding thirty days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to the State or superior court for violation of State laws. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City of Sand Hill, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

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(d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, 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 Sand Hill granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorized the abatement of nuisances. Section 4.14. Appeal. Any person convicted of an offense in the municipal court shall have the right to petition the Superior Court of Carroll County for a writ of certiorari. Section 4.15. Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection and upon request, a copy shall be furnished to all defendants in municipal court proceedings at least forty-eight hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections; Time for Holding; Terms of Office. There shall be a regular city election on the first Tuesday in September 1979 and on said date in every odd-numbered year thereafter. At the regular city election to be held in 1979, a mayor and

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five councilmen shall be elected. The mayor and councilmen shall be elected by city-wide vote. The person elected to the office of mayor and the two people elected to the city council who receive the highest number of votes in their respective council races shall be elected to initial terms of office of four years each and until their respective successors are duly elected and qualified. The remaining three members elected to the council in the 1979 municipal election shall be elected to initial terms of office of two years each and until their respective successors are duly elected and qualified. Following such initial terms of office, the terms of office of the mayor and each member of the council shall be four years and until their respective successors are duly elected and qualified. Successors to the initial mayor and members of the council shall be elected in the municipal election immediately preceding the expiration of a term of office. 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 Sand Hill. Sections 5.12. - 5.19. Reserved. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Sand Hill as to primary, special or general elections shall be in conformity with the provisions of Code Title 34A, the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Special Elections; Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within ninety days of the expiration of the term of office of the mayor or councilman, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Georgia Code as now or hereafter amended.

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Sections 5.22.-5.29. Reserved. Section 5.30. Removal of Elective Officers; Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes; (a) Incompetence, misfeasance, or malfeasance in office; (b) Conviction of a crime involving moral turpitude; (c) Failure at any time to possess any of the qualifications of office as provided by this charter or by State law; (d) Wilful violation of any express prohibition of this charter; (e) Abandonment of office or neglect to perform the duties thereof; or, (f) Failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.31. Procedures for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of three-fourths vote of the remaining membership of the council with the councilmen under consideration not being allowed to vote. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice prepared by the council specifying the ground for removal and to a public hearing before the council which shall be held not less than twenty days after the service of such written notice. Such elected officer shall have the right of assistance from legal counsel at such public hearing. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Carroll County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the municipal court. (b) By information filed in the Superior Court of Carroll County as provided by law.

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(c) By a recall election under applicable State laws. ARTICLE VI FINANCE AND FISCAL Section 6.10. Property Taxes. All property subject to the 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 Sand Hill. The city will use the county assessment for the year in which the city taxes are to be levied and the county is to furnish appropriate information for such purpose unless otherwise directed by State law. The maximum general operation millage rate will be 1 mill, unless additional mills are approved by the voters at a referendum called for such purpose. Section 6.11. Tax Levy. The council shall be authorized to levy as ad valorem tax on all real and personal property within the corporate limits of the city as permitted by State law for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Sand Hill is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104 inclusive or any laws successor to such Sections. Section 6.12. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. The council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not to exceed ten percent. A lien shall exist

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against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.14. Licenses, Occupational Taxes, Excise Taxes. The council by ordinance shall have full power to levy such license and specific or occupational taxes upon the residents of the City of Sand Hill, both individual and corporate, and on all those who transact or offer to transact business therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Reserved. Section 6.16. Sanitary and Health Service Charge. The council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations, residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

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Section 6.17. Reserved. Section 6.18. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or may be hereinafter provided by law. 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 city council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-Term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Sections 6.22. - 6.29. Reserved. Section 6.30. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 6.31. Preparation of the Budget. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget including requirements as to the scope, content, and form of such budget.

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Section 6.32. Submission of the Budget to City Council. On or before a date fixed by the council, the city mayor and city clerk shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city clerk containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The budget, the budget message and all supporting documents shall be filed in the office of city clerk and shall be open to public inspection. Section 6.33. Action by Council on Budget. (a) The council may amend the proposed budget; except, that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final budget for the ensuing fiscal year not later than the last day of the old fiscal year. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable unless authorized by the council. (d) The council shall be authorized to establish a tax millage rate each year after the submission of the budget to the council to ensure that the necessary revenue will be available to meet the

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appropriations provided for in the budget. The tax millage rate levied by the council shall not exceed 1 mill to cover general operating expenses. An additional millage rate may be levied if approved by referendum. Section 6.34. Property Tax Levies. As the next order of business following adoption of the budget, the council shall levy by ordinance an annual tax on all real and personal property within the City of Sand Hill. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual budget for defraying the expenses of the general government of the City of Sand Hill. Section 6.35. Additional Appropriations. The council may make appropriations in addition to those contained in the current budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Sections 6.36. - 6.39. Reserved. Section 6.40. Procurement and Property Management; Contracting Procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the council. Section 6.41. Centralized Purchasing. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Sand Hill. (b) The council may sell and convey any real or personal property owned or held by the City of Sand Hill for governmental or other purposes, at a public or private sale, with 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

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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 council to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Municipal Services; Streets. The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the City of Sand Hill. 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. Sections 7.11.-7.13. Reserved. 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, drains, recreational, sport, curative, detentional, 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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Sections 7.15.-7.19. Reserved. Section 7.20. Power to Regulate and License. The council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of Sand Hill, regardless whether or not the subject has an office or establishment within said city. The council shall be authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the constitutions and laws of the United States and State of Georgia. This power is conferred for the purpose of regulations under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents and any other legal entity capable of transacting business. Section 7.21. Franchises. The council shall have authority to exercise control over the use of streets of the City of Sand Hill. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, gas companies and transportation. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, 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

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power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, gas, heating and air-conditioning, electrical and plumbing codes as may be deemed appropriate. The council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees of inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical or plumbing work. The council may enact all ordinances necessary to enforce such rules and regulations. ARTICLE VIII ZONING Section 8.10. Zoning Board. The Mayor and Council of Sand Hill shall appoint a zoning and planning board and adopt ordinances and regulations for the administration thereof. The zoning board shall have the authority to establish zoning rules and regulations and a zoning map. Section 8.11. Zoning Board of Appeals. The Mayor and Council of Sand Hill shall appoint a zoning board of appeals to hear cases involving variances from the zoning rules and regulations. ARTICLE IX GENERAL PROVISIONS Section 9.10. Official Bonds. The officers and employees of the City of Sand Hill, 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 9.11. Reserved. Section 9.12. Section Captions. The captions to the several sections of this charter are informative only and are not to be considered as a part thereof. Section 9.13. Gender. The use of masculine nouns in this charter is for uniformity only and in no way is to be interpreted as discriminating against the feminine sex.

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Section 9.14. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed thirty days or both such fine and imprisonment. Section 9.15. Specific Repealer. An Act incorporating the Town of Sand Hill in the County of Carroll, approved August 17, 1903 (Ga. Laws 1903, p. 660) is hereby repealed in its entirety. Section 9.16. Severability. If any article, Section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not 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 9.17. Referendum and Effective Date of Certain Provisions. The provisions of Section 9.15 of this Act shall become effective on the second Tuesday in June 1979, regardless of whether or not this Act is approved in the referendum provided for in this Section. Not less than 5 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 Carroll County to issue the call for an election for the purpose of submitting this Act, except the provisions of Section 9.15 of this Act, to the electors of Carroll County who are registered to vote in county elections and who reside within the proposed corporate limits of the City of Sand Hill as set out in Section 1.12 of this Act for approval or rejection. The superintendent shall set the date of such election for the second Tuesday in June. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Carroll County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing a new charter for the City of Sand Hill be approved?

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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, except for the provisions of Section 9.15. The expense of such election shall be borne by Carroll County, except as hereinafter provided. 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. In the event this Act is not approved by the voters in the referendum provided for herein, the charter of the Town of Sand Hill as provided for in an Act incorporating the Town of Sand Hill, approved August 17, 1903 (Ga. Laws 1903, p. 660), is hereby repealed and the City of Sand Hill shall be abolished on the second Tuesday in June 1979. If this Act is approved by the voters in such referendum, the city shall continue in existence. In the event this Act is approved by the voters in the referendum provided for herein, it shall be the duty of the election superintendent of Carroll County to call and conduct the initial municipal election provided for in Article V of this Act. Such municipal election shall be called and conducted under the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same may now or hereafter be amended. Any person desiring to vote in the initial municipal election in September 1979 shall register to vote with the election superintendent of Carroll County and such election superintendent shall perform all of the duties connected with such municipal election which would otherwise be performed by the municipal officials of the City of Sand Hill under the provisions of any applicable general law. The expense of such municipal election shall be borne by Carroll County, except as hereinafter provided. It shall be the duty of the election superintendent to hold and conduct such election. It shall be the further duty of such election superintendent to certify the result thereof to the Secretary of State. In the event this Act is ratified by the voters in the referendum provided for herein, it shall be the duty of the City of Sand Hill to reimburse Carroll County for the cost of conducting the referendum provided for in this Section and for the cost of conducting the initial

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municipal election. Such expenses shall be repaid as soon as possible from the funds of the City of Sand Hill. Section 9.18. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. There will be a legislation introduced during the 1979 General Assembly to amend the charter of the City of Sand Hill, and for other purposes. Gerald Johnson 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: February 1, 1979, February 8 and February 15, 1979. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, this 20th day of February, 1979. /s/ Carolyn Sullivan Notary Public. (Seal). Approved April 11, 1979.

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BACON COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 339 (House Bill No. 882). AN ACT To amend an Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee system, approved March 19, 1974 (Ga. Laws 1974, p. 2190), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3364), so as to change the minimum compensation of the judge of the probate court and his secretary; to provide for a cost-of-living increase; 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. An Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee system, approved March 19, 1974 (Ga. Laws 1974, p. 2190), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3364), 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. (a) Effective April 1, 1979, the Judge of the Probate Court of Bacon County shall receive an annual salary of not less than $13,144.00, the exact amount to be determined by a majority vote of the Board of Commissioners of Bacon County. (b) In addition to the salary determined pursuant to the provisions of subsection (a), the Judge of the Probate Court of Bacon County shall also receive a salary of $50.00 per month for holding and conducting elections. (c) The salary of the Judge of the Probate Court of Bacon County shall be payable in equal monthly installments from county funds.

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(d) The judge of the Probate Court of Bacon County shall have the sole power and authority to appoint a full-time secretary to assist him in the performance of the duties of his office with the approval of a majority of the governing authority of Bacon County, and such secretary shall receive such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County, but the compensation of such secretary shall not be less than $5,724.00 per annum and shall be paid on a weekly basis from the funds of Bacon County. The judge of the probate court may recommend, from time to time, a change in the compensation of his secretary, but the determination as to such change, and the amount thereof, shall be made by the county governing authority as provided in this Section. (e) The judge of the probate court and the secretary shall each receive a cost-of-living increase effective April 1, 1980, and a cost-of-living increase effective April 1, 1981. Said cost-of-living increase shall be computed in March of each year and shall be payable in equal weekly or monthly installments from county funds beginning in the month of April next following such computation. Each such cost-of-living increase shall be derived by multiplying the salary of the year in which such computation is made by six percent. Section 2. An Act authorizing the Judge of the Probate Court of Bacon County to appoint a full-time secretary, approved March 29, 1973 (Ga. Laws 1973, p. 2336), as amended, is hereby repealed in its entirety. Section 3. This Act shall become effective April 1, 1979. 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 1979 session of the General Assembly of Georgia local legislation to amend an Act placing the Judge of the Probate Court of Bacon County on an annual salary, approved March 19, 1974 (Ga. Laws 1974, p. 2190), and an Act authorizing the Judge of the Probate Court of Bacon County to appoint a full-time secretary, approved March 29, 1973 (Ga. Laws 1973, p. 2336), as amended; and for other purposes. This 29th day of January, 1979. Tommy Smith Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith 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 1, 8, and 15, 1979. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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BACON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 340 (House Bill No. 883). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. Laws 1968, p. 3542), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3358), so as to change the minimum compensation of the tax commissioner and clerical personnel; to provide for a cost-of-living increase; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. Laws 1968, p. 3542), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3358), is hereby amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. (a) Effective April 1, 1978, the tax commissioner shall receive an annual salary in an amount not less than $13,568.00, the exact amount to be determined by a majority vote of the governing authority of Bacon County. Such compensation shall be paid in equal monthly installments from the funds of Bacon County. All fees, commissions, costs and other income collected by the tax commissioner including those commissions allowed by an Act approved March 9, 1955 (Ga. 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 commissioners are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to commissions on taxes collected in excess of a certain percentage of the taxes due according to the Net Tax Digest approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, shall be

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the property of Bacon County, and once each month shall be turned over to the fiscal authority of said county by the tax commissioner with a detailed itemized and sworn statement showing the source from which such fees, commissions, costs and other income were collected; provided, however, that in addition to the salary provided for herein, said tax commissioner shall be entitled to a commission of up to ten percent of all taxes collected in excess of ninety percent of the total taxes due according to the Net Tax Digest, the exact percentage to be determined by resolution by the governing authority of Bacon County. (b) The Tax Commissioner of Bacon County shall have the power and authority to appoint a full-time assistant tax commissioner and additional part-time or full-time clerical personnel to assist him in the performance of the duties of the office. The full-time assistant tax commissioner shall receive an annual salary paid from the funds of Bacon County of not less than $6,360.00, the exact amount of such salary to be determined by a majority vote of the governing authority of Bacon County. The tax commissioner may recommend, from time to time, a change in the compensation of the full-time assistant tax commissioner, but the determination as to such change, or the amount thereof, shall be made by the county governing authority as provided in this Section. The assistant tax commissioner may also serve as clerk to the Bacon County tax assessors with the approval of the board of commissioners. Not less than $3,000.00 annually shall be provided from the funds of Bacon County as compensation for other personnel of the tax commissioner provided for in this subsection. (c) The tax commissioner and the full-time assistant tax commissioner shall each receive a cost-of-living increase effective April 1, 1980, and a cost-of-living increase effective April 1, 1981. Said cost-of-living increase shall be computed in March of each year and shall be payable in equal monthly installments from county funds beginning in the month of April next following such computation. Each such cost-of-living increase shall be derived by multiplying the salary of the year in which such computation is made by six percent. Section 2. This Act shall become effective April 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 there will be introduced at the regular 1979 session of the General Assembly of Georgia local legislation to amend an Act consolidating the offices of tax receiver and tax collector into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. Laws 1968, p. 3542), as amended; and for other purposes. This 29th day of January, 1979. Tommy Smith Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith 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 1, 8, and 15, 1979. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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BACON COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 341 (House Bill No. 884). AN ACT To amend an Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system, approved April 17, 1975 (Ga. Laws 1975, p. 3328), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3367), so as to change the minimum compensation of the clerk of the superior court and the deputy clerk; to provide for a cost-of-living increase; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system, approved April 17, 1975 (Ga. Laws 1975, p. 3328), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3367), 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. Effective April 1, 1979, the Clerk of the Superior Court of Bacon County shall receive an annual salary of not less than $14,628.00, the exact amount to be fixed by the governing authority of Bacon County. Such salary shall be payable in equal monthly installments. Section 2. Said Act is further amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The Clerk of the Superior Court of Bacon County shall have the sole power and authority to appoint a full-time deputy clerk of the superior court to assist him in the performance of the duties of his office, and such deputy clerk shall receive such compensation as shall be agreed upon by a majority vote of the

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governing authority of Bacon County, but the compensation of such deputy clerk shall not be less than $6,360.00 per annum. In addition, the clerk may request the county governing authority to approve the employment by the clerk of a full-time clerical assistant to assist him in the performance of the duties of his office, such clerical assistant, if approved, to receive such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County. The deputy clerk and the clerical assistant, if any, shall be paid on a weekly basis from the funds of Bacon County. The clerk may recommend, from time to time, a change in the compensation of the deputy clerk and, if any, the clerical assistant, but any such change, or the amount thereof, shall be with the discretion of the county governing authority as provided in this Section. Section 3. Said Act is further amended by adding immediately following Section 3 of said Act a new Section to be designated Section 3A and to read as follows: Section 3A. The clerk of the superior court and the deputy clerk shall each receive a cost-of-living increase effective April 1, 1980, and a cost-of-living increase effective April 1, 1981. Said cost-of-living increase shall be computed in March of each said year and shall be payable in equal weekly or monthly installments from county funds beginning in the month of April next following such computation. Each such cost-of-living increase shall be derived by multiplying the salary for the year in which such computation is made by six percent. Section 4. This Act shall become effective April 1, 1979. 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 1979 session of the General Assembly of Georgia local legislation to amend an Act placing the Clerk of the Superior Court of Bacon County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 3328); and for other purposes. This 29th day of January, 1979. Tommy Smith Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith 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 1, 8, and 15, 1979. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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BACON COUNTYCOMPENSATION OF SHERIFF, ETC. No. 342 (House Bill No. 888). 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 23, 1977 (Ga. Laws 1977, p. 3361), so as to change the minimum compensation of the sheriff, deputy sheriffs, jailer, and secretary; to provide for a cost-of-living increase; to change the daily food 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 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 23, 1977 (Ga. Laws 1977, p. 3361), 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. Effective April 1, 1979, the Sheriff of Bacon County shall receive an annual salary of not less than $14,628.00, the exact amount to be determined by the governing authority of Bacon County. The sheriff shall be paid in twelve equal installments from the funds of Bacon County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, not less than $4.50 per day to feed said prisoners. Section 2. Said Act is further amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The Sheriff of Bacon County shall have the sole power and authority to appoint 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 $9,222.00 per annum,

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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 $5,724.00 per annum, and the jailer shall be compensated in the amount of not less than $6,360.00 per annum, the exact amount of such salaries to be determined by a majority vote of the governing authority of Bacon County. The sheriff may recommend, from time to time, the change in compensation of any employee of his office, but the determination as to such change, or the amount thereof, shall be made by the county governing authority as provided in this Section. Each deputy, the secretary and the jailer shall be paid in twelve equal installments from the funds of Bacon County. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as deputies, secretary and jailer and to prescribe their duties and assignments and to remove or replace such deputies, secretary and jailer at will and within his sole discretion. Section 3 . Said Act is further amended by adding immediately following Section 4 of said Act a new Section, to be designated Section 4A, and to read as follows: Section 4A. The sheriff, the deputy sheriffs, the secretary to the sheriff, and the jailer shall each receive a cost-of-living increase effective April 1, 1980, and a cost-of-living increase effective April 1, 1981. Said cost-of-living increase shall be computed in March of each said year and shall be payable in equal monthly installments from county funds beginning in the month of April next following such computation. Each such cost-of-living increase shall be derived by multiplying the salary for the year in which such computation is made by six percent. Section 4 . Said Act is further amended by striking Section 6 of said Act in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

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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 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 5 . This Act shall become effective April 1, 1979. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia local legislation 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 29th day of January, 1979. Tommy Smith

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith 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 Tims which is the official organ of Bacon County, on the following dates: February 1, 8, and 15, 1979. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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CHARLTON COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 343 (House Bill No. 889). AN ACT To amend an Act changing the compensation of the Sheriff and Judge of the Probate Court of Charlton County from a fee to a salary basis, approved March 1, 1960 (Ga. Laws 1960, p. 2229), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2336), and an Act approved March 29, 1973 (Ga. Laws 1973, p. 2506), so as to change the provisions relative to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the Sheriff and Judge of the Probate Court of Charlton County from a fee to a salary basis, approved March 1, 1960 (Ga. Laws 1960, p. 2229), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2336), and an Act approved March 29, 1973 (Ga. Laws 1973, p. 2506), is hereby amended by striking from the first sentence of Section 3 the following: $7,500.00, and inserting in lieu thereof the following: $12,500, so that when so amended, Section 3 shall read as follows: Section 3. The Judge of the Probate Court of Charlton County shall be compensated in the sum of $12,500 per year, payable in equal monthly installments from the funds of Charlton County. The judge of the probate court may employ a clerk, who shall be compensated from the funds of Charlton County in such amount as shall be determined by the governing authority of Charlton County. The judge of the probate court is authorized to employ such other

Page 4292

clerical help as he deems necessary and to set their compensation, to be paid out of the salary provided for the judge of the probate court. The necessary supplies and equipment for the office of judge of the probate court shall be provided by the fiscal authorities of Charlton County and paid for out of county funds. Section 2. This Act shall become effective January 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of Georgia, a bill to change the annual compensation of the Probate Judge of Charlton County from $9,300 per year to $12,500 per year; and for other purposes. This 22nd day of January, 1979. Harry Dixon State Representative

Page 4293

To Whom it May Concern: This affidavit will certify that the Charlton County Herald, Doyle Lewis, Publisher, did publish a certain Notice to Introduce Local Legislation, concerning the introduction of a bill to change the annual compensation of the Probate Judge of Charlton County, Georgia from $9,300 per year to $12,500 per year; and for other purposes, in its January 24, January 31 and February 7 editions. A copy of each is attached as proof of publication. /s/ Doyle Lewis, Publisher Charlton County Herald Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Sarah Steeley Notary Public, Georgia State at Large. My Commission Expires May 17, 1979. (Seal). Approved April 11, 1979.

Page 4294

CHARLTON COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 344 (House Bill No. 890). AN ACT To amend an Act placing the Clerk of the Superior Court of Charlton County upon an annual salary, approved April 6, 1967 (Ga. Laws 1967, p. 2730), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3946), so as to change the compensation of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Charlton County upon an annual salary, approved April 6, 1967 (Ga. Laws 1967, p. 2730), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3946), is hereby amended by striking from Section 2 the following: $9,000.00, and inserting in lieu thereof the following: $12,500, so that when so amended, Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Charlton County shall receive an annual salary of $12,500, payable in equal monthly installments from the funds of Charlton County. Section 2. This Act shall become effective January 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4295

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of Georgia, a bill to change the annual compensation of the Clerk of Superior Court of Charlton County from $9,000 per year to $12,500 per year; and for other purposes. This 22nd day of January, 1979. Harry Dixon State Representative To Whom It May Concern: This affidavit will certify that the Charlton County Herald, Doyle Lewis, Publisher, did publish a certain Notice to Introduce Local Legislation, concerning the introduction of a bill to change the annual compensation of the Clerk of the Superior Court of Charlton County, Georgia from $9,000 per year to $12,500 per year; and for other purposes, in its January 31, February 7 and February 14, 1979 editions. A copy of each is attached as proof of publication. /s/ Doyle Lewis, Publisher Charlton County Herald Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Sarah Steeley Notary Public, Georgia State at Large. My Commission Expires May 17, 1979. (Seal). Approved April 11, 1979.

Page 4296

CHARLTON COUNTYSHERIFF'S COMPENSATION. No. 345 (House Bill No. 891). AN ACT To amend an Act placing the Sheriff and Judge of the Probate Court of Charlton County upon an annual salary, approved March 1, 1960 (Ga. Laws 1960, p. 2229), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3789), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3948), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff and Judge of the Probate Court of Charlton County upon an annual salary, approved March 1, 1960 (Ga. Laws 1960, p. 2229), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3789), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3948), is hereby amended by striking from Section 2 the following: $12,000.00, and inserting in lieu thereof the following: $15,000, so that when so amended, Section 2 shall read as follows: Section 2. The salary of the Sheriff of Charlton County shall be $15,000 a year, to be paid in equal monthly installments from the funds of Charlton County. The sheriff may hire such number of deputies as may be approved by the governing authority of Charlton County. Such deputies shall be paid salaries in an amount fixed by the governing authority of Charlton County, and such salaries shall be paid from the funds of Charlton County. The sheriff may employ such additional deputies as he deems necessary and set their compensation, which shall be paid out of the salary provided for said sheriff. The necessary automobile, gasoline, equipment and supplies

Page 4297

of the sheriff shall be provided by the fiscal authorities of Charlton County and paid from county funds. Section 2. This Act shall become effective January 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of Georgia, a bill to change the annual compensation of Sheriff of Charlton County from $12,000 per year to $15,000 per year; and for other purposes. This 22nd day of January, 1979. Harry Dixon State Representative

Page 4298

To Whom It May Concern: This affidavit will certify that the Charlton County Herald, Doyle Lewis, Publisher, did publish a certain Notice to Introduce Local Legislation, concerning the introduction of a bill to change the annual compensation of Sheriff of Charlton County, Georgia from $12,000 per year to $15,000 per year; and for other purposes, in its January 24, January 31, and February 7, 1979 editions. A copy of each is attached as proof of publication. /s/ Doyle Lewis, Publisher Charlton County Herald Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Sarah Steeley Notary Public, Georgia State at Large. My Commission Expires May 17, 1979. (Seal). Approved April 11, 1979.

Page 4299

CHARLTON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 346 (House Bill No. 892). AN ACT To amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Charlton County, approved March 4, 1964 (Ga. Laws 1964, p. 2459), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3950), 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 the Tax Receiver and Tax Collector of Charlton County, approved March 4, 1964 (Ga. Laws 1964, p. 2459), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3950), is hereby amended by striking from Section 3 the following: $11,340.00, and inserting in lieu thereof the following: $12,500, so that when so amended, Section 3 shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $12,500, payable in equal monthly installments from the funds of Charlton County. Section 2. This Act shall become effective January 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4300

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of Georgia, a bill to change the annual compensation of the Tax Commissioner of Charlton County from $11,340 per year to $12,500 per year; and for other purposes. This 22nd day of January, 1979 Harry Dixon State Representative To Whom It May Concern: This affidavit will certify that the Charlton County Herald, Doyle Lewis, Publisher, did publish a certain Notice to Introduce Local Legislation, concerning the introduction of a bill to change the annual compensation of the Tax Commissioner of Charlton County, Georgia from $11,340 per year to $12,500 per year; and for other purposes, in its January 24, January 31 and February 7, 1979 editions. A copy of each is attached as proof of publication. /s/ Doyle Lewis, Publisher Charlton County Herald Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Sarah Steeley Notary Public, Georgia State at Large. My Commission Expires May 17, 1979. (Seal). Approved April 11, 1979.

Page 4301

STATE COURT OF SPALDING COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 347 (House Bill No. 893). 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, particularly by an Act approved February 20, 1974 (Ga. Laws 1974, p. 2047), so as to change the compensation of the judge and solicitor of said Court. 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, particularly by an Act approved February 20, 1974 (Ga. Laws 1974, p. 2047), is hereby amended by striking from Section 3 the following: ten thousand ($10,000.00) dollars per annum, so that when so amended, Section 3 shall read as follows: Section 3. Be it further enacted by authority of the same, that there shall be a judge of the State Court of Spalding County, who shall be elected by the qualified voters of the County of Spalding and whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under this provision of this Act shall be at the same time and place and under all the rules and regulations provided for the election of the county officers of Spalding County, Ga., in October, 1908, and shall be for a term of four years beginning January 1st, 1909. Subsequent elections shall be held at intervals of four years from date of this first election. The judge of the State Court of Spalding County shall receive a salary of twelve thousand ($12,000.00) dollars per annum, which shall not be diminished during his term of office, and which shall be paid monthly on the receipt of the said judge out of

Page 4302

the treasury of Spalding County. And it shall be the duty of the commissioners of roads and revenues of said county to make provisions for this purpose in levying county taxes. Section 2. Said Act is further amended by striking from Section 5 the following: ten thousand ($10,000.00) dollars per annum, so that when so amended, Section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of the State Court of Spalding County, to be elected by the qualified voters of the County of Spalding whose term of office shall be four years and all vacancies in said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of this Act shall be held at the same time and place and under all the rules and regulations provided for the election of county officers of Spalding County on October 19, 1908, and shall be for a term of four years beginning January 1st, 1909. Subsequent elections at intervals of four years from the date of the first election at the regular election for county officers. Any person to be eligible to the position of Solicitor of the State Court of Spalding County must have reached the age of twenty-five years and must have practiced law at least three years and must have been a citizen of Spalding County at least three years. The said solicitor shall receive for each written accusation filed with the clerk of the court the sum of $6.25, and also shall receive for each person prosecuted to trial or plea of guilty for any offense the sun of $6.25 and his fees for all other services rendered shall be the same as are allowed a solicitor-general of the superior court, and for his services in the Supreme Court he shall be paid out of the treasury of the State in the same manner as the solicitor-general of the Superior Court is paid for like services, provided that at the end of each term of the State Court the Solicitor of the State Court of Spalding County shall collect the full amount of his fees at the distribution of the same by the Judge of the State Court and pay over the same into the treasury of the County of Spalding and at all times he shall collect any pay over into the treasury of said county all the money he receives under this fee system. For all his services the said solicitor shall receive a salary of twelve thousand ($12,000.00) dollars per annum which

Page 4303

shall be paid him monthly out of the treasury of Spalding County upon receipt of said Solicitor of the State Court of Spalding County and said salary shall not be diminished during his term of office and his salary shall be his only compensation for the services rendered by the said Solicitor of the State Court of Spalding County. Before entering upon the duties of his office the said solicitor shall give a bond payable to the Governor and his successors in office with good security to be approved by the judge of said court, in the sum of two thousand ($2,000.00) dollars, conditioned to account for all money which may come into his hands as solicitor and for the faithful discharge of the duties of said office, and in addition to the oath required of all civil officers take and subscribe the following oath: `I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as Solicitor of the State Court of Spalding County, so help me God.' Said bond and oath shall be entered on the minutes of the court by the Clerk of the State Court of Spalding County and may be sued on by any person interested. In case of his absence or disqualification to act in any case, the court shall have power to appoint a solicitor pro tem. 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 1979 session of the General Assembly of Georgia, a bill to change the

Page 4304

compensation of the Judge and Solicitor of the State Court of Spalding County; to repeal conflicting laws and for other purposes. This the 22nd day of January, 1979. Maureen C. Jackson as Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Fortune, Jr. 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: January 26, 1979, February 2, 9, 1979. /s/ James R. Fortune, Jr. Representative, 71st District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4305

BURKE COUNTYJURISDICTION OF SMALL CLAIMS COURT. No. 348 (House Bill No. 896). AN ACT To amend an Act creating the Small Claims Court of Burke County, approved April 17, 1973 (Ga. Laws 1973, p. 3497), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2532), so as to change the jurisdictional amount of the court; to change the service fee; to require audits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Small Claims Court of Burke County, approved April 17, 1973 (Ga. Laws 1973, p. 3497), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2532), is hereby amended by striking from Section 1 thereof the following: $1,000.00, 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 a Small Claims Court in and for Burke County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $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, addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.

Page 4306

Section 2. Said Act is further amended by striking from subsection (d) of Section 6 thereof the following: $5.00, and substituting in lieu thereof the following: $9.00, so that when so amended subsection (d) of Section 6 shall read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs but shall not 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 adding a new Section after Section 19, to be designated Section 19A, to read as follows: Section 19A. The court shall be audited not less than annually. Costs of each such audit shall be paid out of the funds of Burke County. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend the Act which created a Small Claims Court in and for Burke County; and for other purposes. This 31st day of January, 1979. Emory Bargeron Representative, 83rd District

Page 4307

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/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 31, 1979, February 7, 14, 1979. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4308

JEFF DAVIS COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 349 (House Bill No. 897). AN ACT To amend an Act creating a Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. Laws 1958, p. 3288), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 2992), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4073), 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 Jeff Davis County, approved March 25, 1958 (Ga. Laws 1958, p. 3288), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 2992), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4073), is hereby amended by striking from Section 2 the following: $125.00, and inserting in lieu thereof the following: $175.00, and by striking from said Section the following: $100.00, and inserting in lieu thereof the following: $150.00, so that when so amended Section 2 shall read as follows:

Page 4309

Section 2. In the event this Act is approved at the referendum hereinafter provided, it shall be the duty of the judge of the probate court of Jeff Davis County to issue the call for an election to elect the first commissioners under this Act within fifteen days after the approval of this Act at the referendum herein provided. It shall be the duty of the judge of the probate court to set the date for such election at not more than thirty days after the issuance of the call therefor. The judge of the probate court shall cause the date and purpose of the election to be published at least once in the official organ of Jeff Davis County between the date of the approval of this Act at the referendum and the date of such election. The judge of the probate court of Jeff Davis County shall be ex officio member of the board of commissioners created herein during the current term of his office as judge of the probate court. He shall represent the Hazlehurst district for the remainder of his term. At such election a commissioner for each of the other militia districts shall be elected for a term ending December 31, 1960; thereafter, the successor to the incumbent judge of the probate court as ex officio commissioner of the Hazlehurst district and the successors to the commissioners elected at the special election herein provided shall be elected at the same time as other county officers of Jeff Davis County are elected and shall serve for a term of four (4) years and until their successors are elected and qualified. The board shall elect a chairman who shall serve at the pleasure of the board. The chairman shall be compensated in the amount of $175.00 per month. The other members of the board shall be compensated in the amount of $150.00 per month and the clerk shall be compensated in an amount not to exceed $200.00 per month. Such compensation shall be paid from the funds of Jeff Davis County. No member of said board shall receive any other compensation whatever for expenses or otherwise, for any services or expenses incurred within the County of Jeff Davis. Should it become necessary for any member of said board to transact business for the county outside the limits of said County of Jeff Davis, then his or their expenses only shall be paid out of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4310

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. Laws 1958, p. 3288), as amended; and for other purposes. This 12th day of January, 1979. F. C. Fowler Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lunsford Moody 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 Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following dates: January 24, 31, 1979 and February 2, 1979. /s/ Lunsford Moody Representative, 138th District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4311

CLARKE COUNTYAUDITS OF BOARD OF COMMISSIONERS. No. 350 (House Bill No. 899). 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 by an Act approved March 21, 1976 (Ga. Laws 1976, p. 3628), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3373), so as to change the provisions regarding audits; to provide 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 by an Act approved March 21, 1976 (Ga. Laws 1976, p. 3628), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3373), is hereby further amended by striking Section 15 of that Act, relating to audits, in its entirety and inserting in lieu thereof the following: Section 15. Audits. The Board shall employ, on or before January 31st of each year, a certified public accountant to be paid from county funds who shall conduct an annual audit of the county finances and financial records and make a report of the results of that audit to the Board at least annually. The Board shall cause to be published in the official organ of Clarke County a statement of the financial condition of the county as soon as practicable after the close of business on the last day of the fiscal year of the county. The Board may require audits, reports, and publications of financial statements in addition to those described above, as it may deem proper. All reports submitted to the Board shall be filed in the offices of the Board and shall be made available for public inspection. Section 2. This Act shall become effective July 1, 1979.

Page 4312

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as amended by an Act approved March 21, 1976 (Ga. Laws 1976, p. 3628), and by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3373) so as to change the provisions regarding audits, and for other purposes. Board of Commissioners of Clarke County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Logan who, on oath, deposes and says that he/she is Representative from the 62nd District, and that the aforesaid copy of Notice of Intention to Introduce Local Legislation was published in The Athens Observer which is the official organ of Clarke County, on the following dates: January 18, 25, 1979, February 1, 1979. /s/ Hugh Logan Representative, 62nd District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4313

CLARKE COUNTYRESPONSIBILITY FOR FEEDING COUNTY PRISONERS. No. 351 (House Bill No. 900). AN ACT To amend an Act placing the Sheriff of Clarke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2113), as amended by an Act approved April 10, 1969 (Ga. Laws 1969, p. 2616), an Act approved March 21, 1970 (Ga. Laws 1970, p. 2984), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 4031), so as to change the provisions regarding the feeding of prisoners confined in the county jail; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Clarke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2113), as amended by an Act approved April 10, 1969 (Ga. Laws 1969, p. 2616), an Act approved March 21, 1970 (Ga. Laws 1970, p. 2984), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 4031), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 so that when so amended Section 8 shall read as follows: Section 8. The Board of Commissioners of Clarke County is charged with the responsibility of feeding all prisoners confined within the county jail except that, in its discretion, the Board may delegate this responsibility to the Sheriff of Clarke County who, in that case, shall provide for the feeding of the prisoners and shall be compensated by the Board for expenses incurred in that feeding at the rate of at least $3.00 per day for each prisoner provided meals. Section 2. This Act shall become effective on the first 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 4314

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there local legislation will be introduced in the regular 1979 session of the General Assembly of Georgia to amend an Act placing the Sheriff of Clarke County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2113), as amended by an Act approved April 10, 1969 (Ga. Laws 1969, p. 2616), and an Act approved March 21, 1970 (Ga. Laws 1970, p. 2984) and an Act approved April 17, 1975 (Ga. Laws 1975, p. 4031), so as to change the provisions regarding the feeding of prisoners confined in the county jail; to provide an effective date; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Logan who, on oath, deposes and says that he/she is Representative from the 62nd District, and that the aforesaid Notice of Intention to Introduce Local Legislation was published in The Athens Observer which is the official organ of Clarke County, on the following dates: January 18, 25, 1979, February 1, 1979. /s/ Hugh Logan Representative, 62nd District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4315

CLARKE COUNTYCORONER'S COMPENSATION. No. 352 (House Bill No. 901). AN ACT To amend an Act providing for the compensation of the Coroner of Clarke County, approved March 21, 1970 (Ga. Laws 1970, p. 2980), so as to change the provisions regarding that compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Coroner of Clarke County, approved March 21, 1970 (Ga. Laws 1970, p. 2980), is hereby amended by striking Section 1 of that Act, which reads as follows: Section 1. The Coroner of Clarke County, in lieu of all fees, shall receive an annual salary of $1,200.00 payable in equal monthly installments from the funds of Clarke County., in its entirety and inserting in lieu thereof the following: Section 1. In lieu of all fees and other compensation provided by law, the Coroner of Clarke County shall be compensated for his official duties by an annual salary of $2,400.00 and an annual expense allowance of $2,400.00, both payable in equal monthly installments from the funds of Clarke County. Section 2. This Act shall become effective on July 1, 1979. 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 local legislation will be introduced in the regular 1979 session of the General Assembly of Georiga to amend an act providing for the compensation for the coroner of Clarke County, approved March 21, 1970 (Ga. Laws 1970, p. 2980) so as to change the provisions regarding that compensation; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Logan who, on oath, deposes and says that he/she is Representative from the 62nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Athens Observer which is the official organ of Clarke County, on the following dates: January 18, 25, 1979 and February 1, 1979. /s/ Hugh Logan Representative, 62nd District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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BARROW COUNTYPAY PERIODS FOR COUNTY EMPLOYEES. No. 353 (House Bill No. 903). AN ACT To amend an Act creating Barrow County, approved July 7, 1914 (Ga. Laws 1914, p. 27), and the several Acts pursuant thereto, relating to employees of Barrow County, so as to provide that whenever any of such laws requires any county employee, other than a member of the board of commissioners, the county attorney, or a constitutional officer, to be paid in equal monthly installments such law shall be construed to henceforth authorize payment of such salaries in biweekly, semi-monthly, or other convenient periods; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating Barrow County, approved July 7, 1914 (Ga. Laws 1914, p. 27), and the several Acts pursuant thereto, relating to employees of Barrow County, are hereby amended by providing that after the effective date of this Act any provision of said laws which requires county employees, other than a member of the board of commissioners, the county attorney, or a constitutional officer, to be paid in equal monthly installments shall be construed to authorize payment of the salary of such employees in biweekly, semi-monthly, or other convenient periods as determined 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 1979 session of the General Assembly of Georgia local legislation to amend an Act creating Barrow County, approved July 7, 1914 (Ga. Laws 1914, p. 27); and for other purposes. This 15th day of January, 1979. /s/ James H. Harwell Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Russell who, on oath, deposes and says that he/she is Representative from the 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Winder News which is the official organ of Barrow County, on the following dates: January 17, 24, 31, 1979. /s/ John Russell Representative, 64th District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYBONDS, ETC. No. 354 (House Bill No. 905). AN ACT To further define and prescribe the powers and duties of Monroe County Industrial Development Authority so as to specifically authorize the Authority to issue bonds for the purpose of acquiring land to be leased, sold, or donated by the Authority to the State of Georgia or an agency or instrumentality thereof for use by the State as a law enforcement training academy site so as to increase employment opportunities in Monroe 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. As specifically permitted by the amendment to the Constitution of the State of Georgia creating the Monroe County Industrial Development Authority (Ga. Laws 1966, p. 755), the General Assembly hereby authorizes and empowers the Authority to issue its bonds for the purpose of acquiring land in Monroe County, Georgia, to be leased, sold, or donated to the State of Georgia or any agency or instrumentality thereof for the purpose of locating and maintaining thereon a law enforcement training academy. The Authority may pledge to the payment of any such bonds any revenues and receipts available to it, including, but not limited to, payments made by Monroe County pursuant to any contract or contracts that may be entered into between the Authority and the county whereby the county, as permitted by Code Section 92-3701 (20), as amended, or any law successor thereto, may agree to provide financial assistance to the Authority for the purpose, among other purposes, of developing employment opportunities. No such bonds shall be issued for such purpose by the Authority unless the Authority shall have found and declared that the undertaking for which the bonds are to be issued will increase employment in Monroe 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 requested local legislation to further define and prescribe the powers and duties of Monroe County, Industrial Development Authority so as to specifically authorize the Authority to issue bonds for the purpose of acquiring land to be leased, sold or donated by the Authority to the State of Georgia or an agency or instrumentality thereof for use by the State as a law enforcement training academy site so as to increase employment opportunities in Monroe County; to provide for an effective date; to repeal conflicting laws; and for other purposes, at the

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January, 1979 Session of the General Assembly of the State of Georgia. This the 27th day of January, 1979. /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 Monroe County Reporter which is the official organ of Monroe County, on the following dates: January 31, 1979, February 7, 14, 1979. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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JASPER COUNTYSMALL CLAIMS COURT. No. 355 (House Bill No. 907). AN ACT To create and establish a Small Claims Court of Jasper 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 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 of Jasper County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved is not less than $201.00 nor more than $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, except the power to issue warrants and hold commitment hearings. Section 2. (a) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Jasper

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County, be at least twenty-two years of age, have a high school diploma or its recognized equivalent, be a person of outstanding character and integrity and be an attorney admitted to the State Bar. (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, any judge of the Superior Court of Jasper 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. The clerk of the superior court of Jasper County shall serve as clerk of the small claims court. The clerk shall receive a fee of ten dollars ($10.00) for all cases filed in said court, such fee to be paid from the deposit of costs when claims are filed. 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

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made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the small claims court, or by 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 served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) 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 be not less than ten nor more than thirty days from the date of the service of said notice. 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 $20.00 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 $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. (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

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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 execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.

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Section 12 . The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13 . The Chief Judge of the Superior Court of Jasper 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

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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 Jasper County

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Section 18. On or before July 1, 1979, it shall be the duty of the Governor of the State of Georgia to appoint a duly qualified person to be the judge of the small claims court to take office on said date and to serve until December 31, 1980. At the general election in 1980, and on said date every four years thereafter, the judge of said court shall be elected by the voters of Jasper County. Such person elected shall take office on the first day of January following his election and shall serve for four years and until his successor is elected and qualified. Any vacancy in such office shall be filled without undue delay by the appointment of a qualified person by the Governor of the State of Georgia for the remainder of the unexpired term of office. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the governing authority of the county. 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

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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 $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 of the first $250.00 and five percent 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to create a small claims court for Jasper County; and for other purposes. This 26th day of January, 1979. /s/ Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham 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 Monticello News which is the official organ of Jasper County, on the following dates: February 1, 8, 15, 1979. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF KENNESAWCORPORATE LIMITS. No. 357 (House Bill No. 912). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. Laws 1971, p. 3620), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. Laws 1971, p. 3620), as amended, is hereby amended by adding at the end of Section 1.02 the following: The corporate limits of the City of Kennesaw shall also include all that tract or parcel of land lying and being in Land Lots 165 and 178 of the 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the northwesterly side of the right of way of Pine Mountain Road as measured a distance of 163.2 feet southwesterly from the intersection of said side of said road and the north original line of Land Lot 178; thence north 74 45[UNK] west a distance of 432 feet to an iron pin; thence north 56 10[UNK] west a distance of 425 feet to an iron pin; thence due west 619 feet to a point and corner; thence south 01 0[UNK] west along the east side of an easement a distance of 175 feet to a point; thence southerly along the easterly side of the right of way of Ellis Road and following the curvature thereof a distance of 346 feet to an iron pin; thence north 78 0[UNK] east a distance of 412.4 feet to an iron pin; thence south 59 30[UNK] east a distance of 716.3 feet to a point and corner; thence southerly a distance of 40 feet to the

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northwesterly right of way of Pine Mountain Road; thence northeasterly along the northwesterly side of Pine Mountain Road right of way a distance of sixty feet to a point and corner; thence north 59 30[UNK] west a distance of 418 feet to an iron pin; thence northeasterly at an exterior angle of 88 0[UNK] a distance of 418 feet to an iron pin; thence southeasterly at an exterior angle of 105 0[UNK] a distance of 428 feet to the north-westerly side of Pine Mountain Road and an iron pin; thence northeasterly along said side of Pine Mountain Road a distance of 26.5 feet to an iron pin and the point of beginning, said tract containing 10.35 acres, more or less. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Kennesaw, Georgia (Ga. L. 1950, p. 2506, et. seq.) as amended to create a new Charter (Ga. L. 1971, p. 3620 et seq.), as heretofore amended: and for other purposes. This 5th day of January, 1979. /s/ Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley

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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: January 5, 12, 19, 1979. /s/ Max D. Kaley Representative, 19th District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CARROLL COUNTYCIVIL SERVICE SYSTEM. No. 358 (House Bill No. 913). AN ACT To authorize the establishment of a civil service system in Carroll County for employees of Carroll County; to provide for the creation of a civil service board; to make provisions for petitioning said board to come under said system; to define department; to prescribe the duties and functions of said board; to provide that said board shall hold public meetings, after which said board shall propose to the governing authority of Carroll County, rules and regulations to be adopted by the governing authority for the Carroll 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 Carroll County they shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the civil service board; to enumerate such offices of the county as shall be exempted from said civil service system; to provide for the manner of conducting hearings by the civil service board; to provide the number, manner of selection, and compensation 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 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. This Act may be cited as the Carroll County Civil Service System Act. Section 2. (a) From and after the passage and approval of this Act, there is hereby authorized to be created and established by the governing authority of Carroll County a civil service system of personnel administration, to be known as the Carroll County Civil Service System. The said governing authority shall be authorized to create such civil service system by appropriate resolution, which

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resolution shall specify the department, personnel, and offices of the county government governed by such system and the effective date of said system. (b) All employees of Carroll County may be placed under said civil service system except: All elected officers, all appointed boards, members of commissions and authorities, county attorney, part-time employees, and others expressly exempt by law. Section 3. (a) There is hereby authorized to be established by said governing authority of said county a civil service board composed of three (3) citizens who are freeholders of Carroll County of known sympathy to the civil service system, who are not employees of Carroll County, who have paid their taxes to date, and who have been residents of Carroll County for two (2) years or more. (b) Members of the civil service board shall be selected and appointed for terms of office as hereinafter provided and shall serve until their successors are appointed and qualified. Said 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 superior court, tax commissioner, sheriff, and judge of the probate court who shall have one vote each and the board of commissioners who shall have only one vote which may 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 board of commissioners. The second member shall be selected by the employees of Carroll County (other than the aforesaid elected officials), who are under the civil service system, by a majority expression to the board of commissioners of their selection by appropriate petition or ballot and the person so selected shall be appointed by the board of commissioners 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 board of commissioners. The term of office of the person serving as a member of the civil service board on the effective date of this Act who was selected by the elected county officials shall expire on December 31, 1980. The term of office of the member of the civil service board on the effective date of this Act who was selected by the employees of Carroll County shall expire on December 31, 1981. The term of office of the

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member of the civil service board on the effective date of this Act who was selected by the other two (2) members of the civil service board shall expire on December 31, 1982. The board of commissioners, at its last regular meeting each year, shall appoint successors to the members of the civil service board as provided herein immediately preceding the expiration of their respective terms of office and such members shall take office on the first day of January immediately following their appointment for terms of office of three (3) years each and until their successors are appointed and qualified. Any member shall be eligible for reappointment. No member of the civil service board shall have held political office or have been a salaried employee of Carroll County during the three (3) months preceding his appointment. 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 board of commissioners 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 of commissioners at least ten (10) days before the date set for said hearing with written specifications of the charges against him. The three (3) members shall designate one of their number as chairman and vice chairman. Vacancies on the civil service board shall be filled in the same manner except the member representing the county employees shall be selected by a majority expression of only the employees who are covered by the civil service system and who are in the full-time employ of Carroll County when and if such vacancies occur. (c) Members of the civil service 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 twenty-five (25) days in any calendar year. 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 held in offices provided therefor by the governing authority of Carroll County or in a courtroom of the Superior Court of Carroll 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

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meetings as may be required for the proper discharge of its duties. Section 5. All personnel specified in the resolution adopted by the governing authority of Carroll County creating the Carroll County Civil Service System shall be subject to the full provisions of this Act and included under the jurisdiction of the Carroll County Civil Service Board. A department, for the purposes of this Act, shall mean any department so designated by the governing authority of Carroll County. Section 6. 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 recommended to the governing authority of Carroll County the adoption of rules and regulations and standards effectuating the civil service system established under this Act. 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 may provide for the establishment of a register of persons eligible for appointment under the civil service system. Said rules and regulations when proposed by the civil service board as aforesaid and approved and adopted by the governing authority of Carroll County shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the civil service board. (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.

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(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 Carroll County, said amendments shall have the force of law and be binding on all parties affected by said civil service system. Section 7. No employee of any department or office of the county which has been brough under the civil service system pursuant to this Act 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. Such appeal shall be heard at the next regular or special meeting of the civil service board after it is filed and must be heard and determined by the board within forty-five (45) days of the date said appeal is filed with the board; provided, however, that such dismissed employee must file his appeal with the board in writing within ten (10) days from the date of his dismissal and provided that this provision shall not apply to persons dismissed from any department due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the board shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause. Section 8. All costs for salaries, expenses, and 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. Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or

Page 4340

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 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to provide for a civil service system of Carroll County for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Carroll County; to provide for all matters relative to the foregoing; and for other purposes. This 18th day of January, 19779. /s/ Gerald L. Johnson Representative, 66th District Charles A. Thomas, Jr. Representative, 66th District

Page 4341

Georgia, Carroll County. This is to certify that the legal notice attached hereto has been published in Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: January 25, February 1, February 8, 1979. Sworn to on the 15 day of February, 1979 /s/ Stanley Parkman Publisher Sworn to and subscribed before me, this 15th day of February, 1979. /s/ Carolyn Sullivan Notary Public. (Seal). Approved April 11, 1979.

Page 4342

JENKINS COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 359 (House Bill No. 916). AN ACT To amend an Act establishing a Board of Commissioners of the County of Jenkins, approved August 1, 1911 (Ga. Laws 1911, p. 449), as amended, particularly by an Act approved March 24, 1974 (Ga. Laws 1974, p. 3267), so as to authorize the board of commissioners to fix the compensation of the chairman and other members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Board of Commissioners of the County of Jenkins, approved August 1, 1911 (Ga. Laws 1911, p. 449), as amended, particularly by an Act approved March 24, 1974 (Ga. Laws 1974, p. 3267), 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. Be it further enacted by the authority aforesaid that said commissioners shall be exempt from militia, road and jury duty. The board shall fix the compensation of the chairman and each of the other members. Said sums shall be paid in equal monthly installments out of the general funds of Jenkins County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4343

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1979 session of the General Assembly of Georgia, a bill to allow the Governing Authority of Jenkins County to regulate salaries of all Constitutional Officers. This will be within the state mandated guidelines. /s/ James M. Smith, Jr., Chairman Charles Lanier, V-Chairman J. C. Holton, Member Harold Boatright, Member Grady L. Wilson, Member Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh who, on oath, deposes and says that he/she is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Millen News which is the official organ of Jenkins County, on the following dates: February 1, 8, 15, 1979. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4344

JENKINS COUNTYCORONER'S COMPENSATION. No. 360 (House Bill No. 917). AN ACT To amend an Act providing a salary for the Coroner of Jenkins County in lieu of fees, approved February 21, 1951 (Ga. Laws 1951, p. 3146), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3040), so as to authorize the governing authority of Jenkins County to fix 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 providing a salary for the Coroner of Jenkins County in lieu of fees, approved February 21, 1951 (Ga. Laws 1951, p. 3146), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3040), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows: Section 1. The governing authority of Jenkins County shall fix the compensation of the Coroner of Jenkins County. Said salary shall be in lieu of all fees otherwise payable to the coroner and shall be paid in equal monthly installments out of the funds of Jenkins 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 in the 1979 session of the General Assembly of Georgia, a bill to allow the Governing

Page 4345

Authority of Jenkins County to regulate salaries of all Constitutional Officers. This will be within the state mandated guidelines. /s/ James M. Smith, Jr. Chairman Charles Lanier, V-Chairman J. C. Holton, Member Harold Boatright, Member Grady L. Wilson Member Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh who, on oath, deposes and says that he/she is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Millen News which is the official organ of Jenkins County, on the following dates: February 1, 8, 15, 1979. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4346

QUALIFICATIONS FOR MEMBERS OF CIVIL SERVICE BOARDS IN CERTAIN COUNTIES (600,000 OR MORE). No. 361 (House Bill No. 918). AN ACT To change the qualifications of the members of the Civil Service Board in all 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 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 600,000 or more according to the United States Decennial Census of 1970 or any future such census, members of the Civil Service Board in such counties shall be eligible to serve on the board unless they hold office or employment in the classified or unclassified service in such counties. 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 April 11, 1979.

Page 4347

CITY OF BUCHANANCORPORATE LIMITS. No. 362 (House Bill No. 921). AN ACT To amend an Act providing a new charter for the City of Buchanan, approved August 17, 1908 (Ga. Laws 1908, p. 468), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new charter for the City of Buchanan, approved August 17, 1908 (Ga. Laws 1908, p. 468), as amended, is hereby amended by adding a new Section to be known as Section 3A to read as follows: Section 3A. In addition to the territory described in Section 3 as the corporate limits of the City of Buchanan, the following described property, except as provided therein, shall also be a part of the corporate limits of the City of Buchanan: `All of the right of way of State Highway Number 120 measuring 100 feet in width from the intersection of the center line of the same and the easterly line of the existing city limits of the City of Buchanan, Georgia, easterly a distance of 11,897.80 feet as measured along the center line of said roadway, to the intersection of the center lines of State Highway Number 120 and the center line of Old Buchanan-Draketown Road, and also the following described property adjacent thereto, to-wit: All that tract or parcel of land lying and being in Land Lot Numbers 36, 21, 22 and 35 in the 7th District and 5th Section of Haralson County, Georgia and being more particularly described as follows: Begin at the intersection of center line of Old Buchanan-Draketown Road and north right of way line of Georgia State Highway 120 in Land Lot 36 in the 7th District and 5th Section of Haralson County, Georgia, thence west along Highway 120

Page 4348

right of way a distance of 963.8 feet to center of Little Tallapoosa River; thence north 47 degrees 40 minutes west, 470.30 feet; thence north 80 degrees 51 minutes 20 seconds east, 298.54 feet to point; thence south 89 degrees 09 minutes east 176.98 feet to a point; thence north 34 degrees 38 minutes 20 seconds west, 237.0 feet to a point; thence south 80 degrees 51 minutes 20 seconds west, 475.52 feet to a point; thence south 53 degrees 29 minutes 20 seconds west to a point 10 feet beyond the normal waterline of the Lake; thence following a line parallel to and 10 feet beyond the normal waterline of the lake, meandering along and parallel to the course of the lake shore to its intersection with the west line of Lot 55; thence eastward and northerly along lines nearest the shore of lots 24 through 55, and lots 102 through 104, inclusive, to the north line of Lot 104; thence along the north line of Lot 104 a distance of 167.5 feet to the east line of Shore Road; thence north 15 degrees 45 minutes west 400 feet; thence north 41 degrees 23 minutes 30 seconds east 245 feet; thence an arc distance of 193.12 feet to a point; thence north 61 degrees 28 minutes 20 seconds east 250.44 feet to a point; thence an arc distance of 284.74 feet to a point; thence south 44 degrees 29 minutes 20 seconds east 356 feet to a point; thence north 69 degrees 00 minutes 40 seconds east 250 feet to a point; thence south 73 degrees 19 minutes 20 seconds east 343 feet to a point; thence south 51 degrees 19 minutes 20 seconds east 405.0 feet to a point; thence south 21 degrees 21 minutes 00 seconds east 570.11 feet to a point; thence south 29 degrees 36 minutes 00 seconds west 200 feet to a concrete marker; thence south 19 degrees 48 minutes 10 seconds east 115 feet to a point; thence north 64 degrees 09 minutes 50 seconds east 170 feet to a point; thence south 25 degrees 06 minutes 10 seconds east 204.67 feet to a point; thence north 78 degrees 43 minutes 00 seconds east 150 feet to a point; thence south 52 degrees 47 minutes east, 450 feet to a point; thence south 16 degrees 27 minutes 00 seconds east, 507 feet to a point; thence south 59 degrees 02 minutes 55 seconds west to a point 10 feet beyond the normal water line of lake or creek; thence westerly, thence northerly, thence southerly, thence westerly on a line 10 feet from the normal water line of the lake on the shore side and parallel to the meanderings of the normal water line to a point where said line intersects fence line west of the east line of Land Lot Number 36; thence south 25 degrees west, 65 feet to point on the north right of way line of State Highway 120 which is

Page 4349

390 feet more or less from the east line of Land Lot Number 36; thence westerly along north line of State Highway 120 right of way 944.71 feet to beginning point. Said property is part of the lands shown on plat of survey by J. M. Dellinger, recorded in Office of Clerk of Superior Court of Haralson County, Georgia in Plat Book 3, page 62, which said plat is revised, and of record at Plat Book 3, page 105, Clerk's Office, Haralson Superior Court, and which said latter plat is also incorporated hereby for reference. Excepting and reserving the lake frontage area generally on the easterly side of Lake Olympia (Seabreeze Lake) from a point marked by an imaginary line which extends northerly and perpendicular to a point which is ten (10) feet east of the east end of the dam, as reflected by the plat referred to hereinabove, to the center of Dean's Creek.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to change the

Page 4350

corporate limits of the City of Buchanan, Georgia, to provide for all matters relative to the foregoing, and for other purposes. This 10th day of January, 1979. City of Buchanan /s/ Evelyn S. Wade Mayor Georgia, Haralson County. This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: January 11, 17, 22, 1979, February 1, 1979. Sworn to on the 21st day of February, 1979. /s/ Stanley Parkman, Publisher Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Frieda L. Rivers Notary Public. (Seal). Approved April 11, 1979. CITY OF BREMENCORPORATE LIMITS. No. 363 (House Bill No. 923). AN ACT To amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. Laws 1898, p. 136), as amended, so as to change the corporate limits of the City of Bremen; to repeal conflicting laws; and for other purposes.

Page 4351

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. Laws 1898, p. 136), as amended, is hereby amended by adding a new Section to be known as Section 1C to read as follows: Section 1C. In addition to the territory embraced within the present corporate limits of the City of Bremen, the following described property, except as provided therein, shall likewise be embraced within the corporate limits of the City of Bremen: `TRACT ONE: All that tract or parcel of land lying and being in Land Lot No. 261 of the Seventh District in this section of Haralson County, Georgia, more fully described as follows, to wit: beginning at the northwest original land lot corner of Land Lot No. 261 said district and section, thence due east along the north original land lot line of Land Lot No. 261 the distance of 1300 feet more or less to the corporate limits of the City of Bremen, Haralson County, Georgia: thence in a southeasterly direction along the corporate limits of the City of Bremen a distance of thirty-one feet: thence due west along a line parallel to the north original land lot line of Land Lot No. 261 a distance of 1300 feet more or less to a point along the original west line of Land Lot No. 261: thence north along the west original land lot line of Land Lot No. 261 a distance of thirty feet to the point of beginning. TRACT TWO: All that tract or parcel of land lying and being in the 7th District and 5th Section of Haralson County, Georgia, and being all of Land Lot No. 262, said district and section except the following described tract of land, to wit: All that tract or parcel of land lying and being in the Northwest corner of Land Lot No. 262 of the 7th District and 5th Section of Haralson County, Georgia, and being more particularly described as follows: BEGIN at the common corner between Land Lots 262, 263, 243 and 242, said district and section, said point being the Northwest original corner of Land Lot No. 262, and thence from said point of beginning, run East along the North original line of Land Lot No. 262 a distance of 1500 feet; thence due South a distance of 280 feet; thence in a Southwesterly direction to a point located on the West original line of

Page 4352

Land Lot No. 262, said point being located 700 feet South of the Northwest corner of said land lot; thence North along the West original line of Land Lot No. 262 a distance of 700 feet to the point of beginning. TRACT THREE: All that tract or parcel of land lying and being in the 7th District and 5th Section of Haralson County, Georgia, and being more particularly described as the Southeast one-fourth of Land Lot No. 243 of the 7th District and 5th Section of Haralson County, Georgia, containing 50.52 acres, more or less. TRACT FOUR: All that tract or parcel of land lying and being in the 7th District and 5th Section of Haralson County, Georgia, and being all of Land Lot No. 274 of said district and section which lies East of the Price Creek Road which runs through said Land Lot in a generally North to South direction. TRACT FIVE: All that tract or parcel of land lying and being in the 7th District and 5th Section of Haralson County, Georgia, and being all of Land Lot No. 263, said district and section, which lies East of the Price Creek Road, except the following described tract of land, to wit: All that tract or parcel of land lying and being in Haralson County, Georgia, being part of Land Lot No. 263, beginning at the Northwest original corner of Land Lot No. 263 and the Northeast corner of Land Lot No. 264 at a post; thence from said point of beginning, run South along the West original line of Land Lot No. 263 to the point where said Land Lot line intersects the Northern right-of-way line of the Carrollton Road, now known as Price Creek Road; thence along said road to a stone being 10 chains and 80 lengths; thence East along a line which is parallel to the North Land Lot line to the property now or formerly owned by J. H. Harber; thence North along the property line of the property now or formerly owned by J. H. Harber to a post located on the North original line of Land Lot No. 263; thence West along the North Land Lot line of Land Lot No. 263, 46 chains and 90 lengths to the point of the beginning, containing 50 acres, more or less. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4353

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1979 Session of the General Assembly of Georgia a bill to change the corporate limits of the City of Bremen, Georgia, to provide for all matters relative to the foregoing, and for other purposes. This, the 20th day of January, 1979. City of Bremen /s/ Robert Richie, Mayor Georgia, Haralson County. This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: January 25, 1979, February 1, 8, 1979. Sworn to on the 21st day of February, 1979. /s/ Stanley Parkman, Publisher Sworn to and subscribed before me, this 21st day of February, 1979. /s/ Frieda L. Rivers Notary Public. (Seal). Approved April 11, 1979.

Page 4354

WEBSTER COUNTYTREASURER'S COMPENSATION. No. 364 (House Bill No. 925). AN ACT To amend an Act creating the office of treasurer of Webster County, approved July 28, 1921 (Ga. Laws 1921, p. 588), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2647), 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 creating the office of treasurer of Webster County, approved July 28, 1921 (Ga. Laws 1921, p. 588), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2647), is hereby amended by striking from Section 5 the following: $1,320.00, and inserting in lieu thereof the following: $2,100.00, so that when so amended Section 5 shall read as follows: Section 5. The county treasurer shall take a bond in a security or bond company, and the premiums on such bond shall be paid by the board of commissioners of Webster County. The county treasurer shall receive a salary of $2,100.00 per annum for his services, which shall be paid in equal monthly installments from the funds of Webster County upon a warrant drawn by the governing authority of the county. The governing authority of the county shall furnish the treasurer's office with well-bound books and all other things and fixtures that may be necessary in the proper conduct of said office. Section 2. This Act shall become effective on the first 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 4355

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the recommendation of the Webster County Grand Jury (January Session 1979), notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend the compensation of the Treasurer of Webster County; and for other purposes. This the 1st day of February, 1979. /s/ Don Castleberry, Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he/she is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Stewart Webster Journal which is the official organ of Webster County, on the following dates: February 8, 15, 22, 1979. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4356

CHATTAHOOCHEE COUNTYSHERIFF'S DUTIES, ETC. No. 365 (House Bill No. 926). AN ACT To amend Resolution Act Number 196 (House Resolution No. 572-1370), as set forth in Georgia Laws 1972, pp. 1372-1375, relative to the Sheriff of Chattahoochee County, so as to change certain provisions relative to employees of the Sheriff and supplies and equipment for the Sheriff's office; to repeal conflicting laws; and for other purposes. WHEREAS, Resolution Act Number 196 (House Resolution No. 572-1370), as set forth in Georgia Laws 1972, pp. 1372-1375, proposed an amendment to the Constitution relative to the Sheriff of Chattahoochee County; and WHEREAS, said proposed amendment was ratified at the general election of 1972; and WHEREAS, said amendment, at paragraph H thereof, provides as follows: H. This Constitutional amendment may be amended by a local Act of the General Assembly, at any time, by specific reference to the purpose of the Act of the General Assembly being to amend this Constitutional amendment.; and WHEREAS, it is the purpose of this Act to amend said constitutional amendment as hereinabove authorized. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Resolution Act Number 196 (House Resolution No. 572-1370), as set forth in Georgia Laws 1972, pp. 1372-1375, is hereby amended by striking paragraphs D, E and F thereof in their entirety and substituting in lieu thereof two new paragraphs D and E to read as follows:

Page 4357

D. The Sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The Sheriff shall, from time to time, recommend to the governing authority of Chattahoochee 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 Chattahoochee County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. E. The necessary operating expenses of the Sheriff's office, expressly including the compensation of all personnel and employees, and including the purchase of automobiles and equipment therefor and expenses for the maintenance thereof, shall be paid from any funds of Chattahoochee County available for such purpose. All supplies, materials, furnishings, furniture, radio equipment, and utilities, as may be reasonably required in discharging the official duties of said office, shall be furnished by Chattahoochee County and shall be paid from any funds of Chattahoochee County available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Chattahoochee County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4358

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act relative to the Sheriff of Chattahoochee County, approved March 23, 1977 (Ga. Laws 1977, p. 3892); and for other purposes. This 30th day of January, 1979. /s/ Ward Edwards Representative, 110th District /s/ Don Castleberry Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he/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 Muscogee County, on the following dates: February 5, 12, 19, 1979. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 26th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4359

FLOYD COUNTYCOMPENSATION OF CHIEF DEPUTY TAX COMMISSIONER. No. 366 (House Bill No. 927). AN ACT To amend an Act creating the office of county tax commissioner of Floyd County, approved February 17, 1950 (Ga. Laws 1950, p. 2749), as amended, particularly by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2917), so as to change the provisions relating to the compensation of the chief deputy of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of county tax commissioner of Floyd County, approved February 17, 1950 (Ga. Laws 1950, p. 2749), as amended, particularly by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2917), is hereby amended by striking in its entirety subsection (a) of Section 9, which reads as follows: (a) One chief deputy at a salary of $10,400.00 per annum, payable in equal monthly installments from the funds of Floyd County. Said chief deputy shall be entitled to receive, at the discretion of the county tax commissioner, experience increases in salary of $300.00 per annum for each 4 years of service completed as chief deputy for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling 4 or more years. The base salary provided herein is the authorized minimum with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the authorized minimums with the actual amount of experience to be determined by the Board of Commissioners., and inserting in lieu thereof a new subsection (a) to read as follows:

Page 4360

(a) One chief deputy at a salary to be fixed at the discretion of the county tax commissioner but not to exceed 75% of the annual salary of the county tax commissioner. Said salary of the chief deputy shall be payable in equal monthly installments from the funds of Floyd 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, 1979 Session of the General Assembly of Georgia local legislation to amend an Act creating the office of Tax Commissioner of Floyd County, approved February 17, 1950 (Ga. Laws 1950, p. 2749), as

Page 4361

amended, particularly by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2917); and for other purposes. This 7th day of February, 1979. /s/ E. M. (Buddy) Childers Lucian Oldham Ken Fuller Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers who, on oath, deposes and says that he/she is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rome News Tribune which is the official organ of Floyd County, on the following dates: February 9, 16, 23, 1979. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 26th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires No. 1, 1981. (Seal). Approved April 11, 1979.

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FLOYD COUNTYCOMPENSATION OF CHIEF DEPUTY CLERK OF SUPERIOR COURT. No. 367 (House Bill No. 928). AN ACT To amend an Act providing a chief deputy for the Clerk of the Superior Court and for the Sheriff of Floyd County, approved March 27, 1972 (Ga. Laws 1972, p. 3178), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2920), so as to change the provisions relating to the salary of the chief deputy of the Clerk of the Superior Court of Floyd County and the salary of the chief deputy of the Sheriff of Floyd County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a chief deputy for the Clerk of the Superior Court and for the Sheriff of Floyd County, approved March 27, 1972 (Ga. Laws 1972, p. 3178), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2920), is hereby amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The Clerk of the Superior Court shall be authorized to employ to serve at the pleasure of said clerk, and to perform such duties as may be assigned by him, a chief deputy. The salary of said chief deputy shall be fixed at the discretion of the clerk of the superior court in an amount not to exceed 75% of the salary of the clerk of the superior court. Said salary of the chief deputy shall be payable in equal monthly installments from the funds of Floyd County. Section 2 . Said Act is further amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The Sheriff shall be authorized to employ to serve at the pleasure of said sheriff, and to perform such duties as may be assigned by him, a chief deputy. The salary of said chief deputy

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shall be fixed at the discretion of the sheriff in an amount not to exceed 75% of the salary of the sheriff. Said salary of the chief deputy shall be payable in equal monthly installments from the funds of Floyd County. Section 3 . Said Act is further amended by striking Section 3 in its entirety. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia local legislation to amend an Act providing Chief Deputies for the Clerk of Superior Court and Sheriff of Floyd County, approved March 27, 1972 (Ga. Laws 1972, p. 3178), as amended, and for other purposes. This 7th day of February, 1979. /s/ E. M. (Buddy) Childers Lucian Oldham Ken Fuller Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers who, on oath, deposes and says that he/she is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rome News Tribune which is the official organ of Floyd County, on the following dates: February 9, 16, 23, 1979. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TALIAFERRO COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 368 (House Bill No. 930). AN ACT To amend an Act abolishing the offices of tax collector and tax receiver of Taliaferro County and creating the office of tax commissioner of said county, approved February 25, 1939 (Ga. Laws 1939, p. 736), so as to abolish the fee system of compensating said officer and to provide an annual salary in lieu thereof; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of tax collector and tax receiver of Taliaferro County and creating the office of tax commissioner of said county, approved February 25, 1939 (Ga. Laws 1939, p. 736), is hereby amended by striking Sections 4 through 6 in their entirety and substituting in lieu thereof new Section 4 through 6 to read as follows: Section 4. The tax commissioner of Taliaferro County shall receive as his sole compensation as tax commissioner an annual salary which shall be the same as the minimum annual salary for tax collectors or tax commissioners of counties within the population bracket which includes Taliaferro County provided by the Act providing a schedule of minimum salaries for the tax collectors and tax receivers of the various counties within the State of Georgia, approved March 31, 1976 (Ga. Laws 1976, p. 988), as now or hereafter amended. Effective January 1, 1980, the annual salary of the tax commissioner of Taliaferro County shall be the same as the minimum salary for tax collectors or tax commissioners of counties within the population bracket which includes Taliaferro County provided by Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as now or hereafter amended. The salary of the tax commissioner of Taliaferro County provided for herein shall be paid in equal monthly installments from the funds of Taliaferro County.

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Section 5. 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 Taliaferro 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 for the tax commissioner by Section 4 of this Act shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind heretofore received as compensation by the tax commissioner of Taliaferro County, including any fees or commissions received as vehicle license plates and including any fees or commissions on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest. Section 6. (a) The governing authority of Taliaferro County shall have the authority to fix the number and compensation of such personnel as said governing authority shall deem necessary to assist the tax commissioner in discharging his official duties, but the tax commissioner shall have the sole right to select the individuals so employed. (b) All expenses incurred by the tax commissioner in operating and discharging the official duties of his office including, but not limited to, the compensation of personnel, office equipment, supplies, fixtures and utility expenses shall be paid by Taliaferro County from county funds. Section 2. This Act shall become effective on July 1, 1979. 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 1979 session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Taliaferro County on a salary, in lieu of the fee system of compensation; to provide for other matters relative to the foregoing; and for other purposes. This 29th day of January, 1979. /s/ Sam P. McGill Senator, 24th District 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 Advocate Democrat which is the official organ of Taliaferro County, on the following dates: February 2, 9, 16, 1979. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4368

TALIAFERRO COUNTYCOMPENSATION, ETC. OF DEPUTY SHERIFFS. No. 369 (House Bill No. 931). AN ACT To amend an Act placing the sheriff of Taliaferro County on an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2262), as amended by an Act approved February 29, 1968 (Ga. Laws 1968, p. 2073), so as to change the provisions relating to deputies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Taliaferro County on an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2262), as amended by an Act approved February 29, 1968 (Ga. Laws 1968, p. 2073), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. The sheriff shall have the authority to appoint such number of deputies as the governing authority of Taliaferro County shall approve. The compensation of such deputies shall be fixed by the governing authority of Taliaferro 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 1979 session of the General Assembly of Georgia, a bill to change certain provisions relating to the number and compensation of deputy sheriffs in Taliaferro County; to provide for other matters relative thereto; and for other purposes. This 29th day of January, 1979. /s/ Sam P. McGill Senator, 24th District 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 Advocate Democrat which is the official organ of Taliaferro County, on the following dates: February 2, 9, 16, 1979. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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POLK COUNTYTAX COMMISSIONER'S COMPENSATION, ETC. No. 370 (House Bill No. 932). AN ACT To amend an Act creating the office of Tax Commissioner of Polk County, Georgia, approved March 3, 1964 (Ga. Laws 1964, p. 2265), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 3178), so as to change the compensation of the Tax Commissioner of Polk County; to provide certain provisions regarding the annual budget of the Tax Commissioner of Polk County; to eliminate from said Act the provisions for arbitration; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Polk County, Georgia, approved March 3, 1964 (Ga. Laws 1964, p. 2265), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 3178), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3, which shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $20,000.00, payable in equal monthly installments from the funds of Polk County. All necessary clerical employees shall be employed by the tax commissioner and paid such salaries out of county funds as are approved and provided for in the annual budget submitted by the tax commissioner as hereinafter provided. Section 2. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, which shall 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

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as public funds belonging to Polk County. On or before the fifteenth day of each month, the tax commissioner shall turn over to the fiscal authorities of said county entitled to the same all funds collected by him during the previous calendar month, together with a detailed itemized statement showing the source from which such funds are 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. Section 3. Said Act is further amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new Section 5, which shall read as follows: Section 5. Annually, on or before December 1 of each year, the Tax Commissioner of Polk County shall submit to the board of commissioners a proposed budget for the operation of his office for the succeeding calendar or fiscal year. Said proposed budget shall include all items of expense including, but not limited to, the cost of office equipment, supplies, fixtures, contract services, and salaries. If the budget is not approved on or before January 15 of the ensuing year, the tax commissioner shall continue to operate his office under the budget in effect for the preceding year. Section 4. This Act shall be effective immediately upon the approval thereof by the Governor or upon its becoming law without his approval, except that Sections 1 and 2 of this Act, which provide for the compensation of the tax commissioner, shall be effective January 1, 1981. 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 1979 Session of the General Assembly a bill to amend an Act creating the office of Tax Commissioner of Polk County, Georgia so as to change the compensation of the Tax Commissioner of Polk County, Georgia; to change certain provisions regarding the annual budget of the Tax Commissioner of Polk County, Georgia; to eliminate from said Act provisions for abitration; to repeal conflicting laws and for other purposes. This 6th day of February, 1979. /s/ Lynn Gammage Representative, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cedartown Standard which is the official organ of Polk County, on the following dates: February 8, 15, 22, 1979. /s/ Lynn Gammage Representative, 17th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4373

CITY OF ROCKMARTRECORDER'S COURT. No. 371 (House Bill No. 933). 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 change the provisions relating to the recorder's court; to change the provisions relating to jurisdiction, fines, imprisonment, and contempt; to change the provisions relating to review of decisions of the recorder's court; to provide for practices and procedures; 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 Section 6.03 in its entirety and inserting in lieu thereof a new Section 6.03 which reads as follows: Section 6.03. Jurisdiction, Fines, Imprisonment, and Contempt. The recorder shall have power to impose fines, costs, and forfeitures for the violation of any law or ordinance of the City of Rockmart passed in accordance with this charter, to an amount not to exceed $300.00, to imprison offenders for a period of not more than 90 days, or at labor on the roads and streets or other public works of said city for not more than six months; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall have the authority to inflict a greater punishment for contempt than to impose a fine of $25.00 or imprisonment not exceeding 10 days or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Rockmart, which warrants may be executed by any police officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The

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recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Rockmart. The recorder's court is specifically invested with all jurisdiction and powers through the entire area within the corporate limits granted by State laws generally to mayors, recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Section 2. Said Act is further amended by striking Section 6.04 in its entirety and inserting in lieu thereof a new Section 6.04 which reads as follows: Section 6.04. Review By Writ of Certiorari. The right of review of decisions of the Recorder's Court of the City of Rockmart, Georgia, shall be by Writ of Certiorari to the Superior Court of Polk County, Georgia, as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the next Session of the General Assembly of Georgia local legislation to amend the Charter of the City of Rockmart in the following particulars:

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(1) To amend Section 6.03 of Article VI of the Charter of the City of Rockmart, Georgia, so that the same will provide an increase in the maximum fine by the Recorder's Court of the City of Rockmart from, $100.00 to $300.00 and to increase the maximum imprisonment for offenders from a period of 30 days to 90 days. Except as so amended, all other provisions of Section 6.03 shall remain in full force and effect. (2) To amend Section 6.04 of Article VI of the Charter of the City of Rockmart, Georgia, so that the same will provide the following: Section 6.04 REVIEW BY WRIT OF CERTIORARI The right to review of decisions of the Recorder's Court of the City of Rockmart, Georgia, shall be by Writ of Certiorari to the Superior Court of Polk County, Georgia, as provided by law. Except as so amended all other provisions of Section 6.04 shall remain in full force and effect. Copies of the proposed Amendments are on file with the Office of the Clerk of the City of Rockmart, Georgia for the purpose of examination and inspection by the public during normal daily business hours. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cedartown Standard which is the official organ of Polk County, on the following dates: February 8, 15, 22, 1979. /s/ Lynn Gammage Representative, 17th District

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Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. CITY OF TALBOTTONCHARTER AMENDED. No. 372 (House Bill No. 934). AN ACT To amend an Act providing a new charter for the City of Talbotton, approved April 10, 1971 (Ga. Laws 1971, p. 3725), so as to change the provisions relating to sanitary assessments; to provide additional powers for the Mayor and Council relating to utility systems and eminent domain; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Talbotton, approved April 10, 1971 (Ga. Laws 1971, p. 3725), is hereby amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows: Section 23. The Mayor and Council shall have full power and authority to acquire by gift, purchase or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend any water system, sanitary sewer system, natural gas

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system, electric system or any other utility system wholly within or wholly without the City of Talbotton, Georgia, or partially within or partially without the City of Talbotton, Georgia; and to acquire by gift, purchase or the exercise of eminent domain lands, easements, rights in lands and water rights in connection therewith either within or without the City of Talbotton, Georgia; and to provide by ordinance for the operation, maintenance, financing and rate structure for any such system. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1979 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Talbotton, Georgia, (Georgia Laws 1971 Page 3725 and as amended) and for other purposes. The 26th day of January, 1979. Mayor and Council of The City of Talbotton, Georgia Eddie B. Bassett, Mayor

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Talbotton New Era which is the official organ of Talbot County, on the following dates: February 8, 15, 22, 1979. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 26th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF LONG COUNTYCOMPENSATION, SELECTION, ETC. OF JUDGE AND SOLICITOR. No. 374 (House Bill No. 936). AN ACT To amend an Act establishing the State Court of Long County, approved August 6, 1921 (Ga. Laws 1921, p. 364), as amended by an Act approved August 20, 1927 (Ga. Laws 1927, p. 422), an Act approved August 26, 1931 (Ga. Laws 1931, p. 341), an Act approved March 8, 1945 (Ga. Laws 1945, p. 989), an Act approved February 12, 1951 (Ga. Laws 1951, p. 2327), an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2185), an Act approved February 27, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2740), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2532), an Act approved March 15, 1963 (Ga. Laws 1963, p. 2220), and an Act approved March 17, 1978 (Ga. Laws 1978, p. 4065), so as to remove the provisions relating to a supplement to the fees of the solicitor under certain conditions; to change the method of compensation of the Solicitor of the State Court of Long County from a fee system to a salary system; to authorize the board of commissioners to fix the compensation of the judge and the solicitor of said court within a certain salary range; to authorize the judge and solicitor of the State court to be selected from outside Long County; to repeal a specific Act; 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 Long County, approved August 6, 1921 (Ga. Laws 1921, p. 364), as amended by an Act approved August 20, 1927 (Ga. Laws 1927, p. 422), an Act approved August 26, 1931 (Ga. Laws 1931, p. 341), an Act approved March 8, 1945 (Ga. Laws 1945, p. 989), an Act approved February 12, 1951 (Ga. Laws 1951, p. 2327), an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2185), an Act approved February 27, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2740), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2532), an Act approved March 15, 1963 (Ga. Laws 1963, p. 2220), and an Act approved March 17, 1978 (Ga. Laws 1978, p. 4065), is hereby amended by striking Section 2 of the amendatory Act approved February

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5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2185), which reads as follows: Section 2. Be it further enacted by the authority aforesaid, that in the event the fees of the Solicitor of the City Court of Ludowici, Georgia, as provided herein and in the Act of the 1921, page 369, be less than the sum of fifteen hundred ($1500.00) dollars for any calendar year, according to the annual audit of Long County, Georgia, then the governing authorities of said Long County, Georgia, shall supplement said fees of said Solicitor of City Court of Ludowici, Georgia in an amount to equal the sum of fifteen hundred ($1500.00) dollars for all calendar years from the passage of this Act., in its entirety. Section 2. Said Act is further amended by striking in its entirety Section 4-A and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Any other provision of the law to the contrary notwithstanding: (1) There shall be a Judge and Solicitor of the State Court of Long County who shall be elected by the qualified voters of Long County and who shall hold office for the term of four (4) years. If there shall be a vacancy in either of said offices, the Governor shall appoint a successor until the next general election. The present term of office of said judge shall expire on December 31, 1980, and when his successor is elected and qualified. The next election for Judge of the State Court of Long County shall be held in the general election in November 1980 and in the general election every four (4) years thereafter. The present term of office of the solicitor shall expire December 31, 1982, and when his successor is elected and qualified. The next election for Solicitor of the State Court of Long County shall be held in the general election in November 1982 and in the general election every four (4) years thereafter. The election for the offices of judge and solicitor shall be held under laws governing general elections, and the officers shall each take office on the first day of January following the year in which they are elected. To be qualified to hold the office of judge or solicitor, a person shall be a practicing attorney in Long County or any adjacent county and at least 21 years of age. Immediately before entering upon the discharge of his duties, said judge shall

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take and subscribe the following oath: `I do swear that I will administer justice without respect to persons, and that I will faithfully and impartially perform all the duties which may be required of me as Judge of the State Court of Long County, according to the Constitution of this State and the Constitution of the United States, so help me God.' This oath shall be filed in the executive department. (2) The judge of said court shall receive a salary of not less than $4,800.00 per annum and not more than $6,000.00 per annum, the exact amount to be determined by the Board of Commissioners of Long County, which shall not be diminished during his continuance in office and which shall be paid monthly out of the funds of Long County. He shall not be permitted to practice law in his own court but may practice in any other court. In the absence or disqualification of the solicitor, the judge shall appoint a solicitor pro tem. (3) The solicitor shall receive a salary of not less than $4,800.00 per annum and not more than $6,000.00 per annum, the exact amount to be determined by the Board of Commissioners of Long County. Said salary shall be paid in equal monthly installments from the funds of Long County and shall be in lieu of all fees heretofore allowed said solicitor. Section 3. Said Act is further amended by striking in its entirety Section 25 which reads as follows: Sec. 25. Be it enacted by the authority aforesaid, That moneys arising from fines and forfeitures in said Court shall be paid over to the Clerk of said Court and upon order of the Judge of said Court said money shall be divided among the Solicitor, Clerk and Sheriff of said Court as follows: One-half of all such money to be paid to the Solicitor; one-fourth to the Clerk, and one-fourth to the Sheriff. Said money shall be applied to the payment of the insolvent cost bills of the three above named officers. Should these insolvent cost bills be paid in full at any term of said Court, or from fines and forfeitures arising from said term, and there shall be a balance on hand, the said balance shall, immediately after said term of said Court, be prorated among the Justices of the Peace and Constables according to the amount of approved insolvent cost bills said officers may have. When any defendant is sentenced to work on the

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chaingang or such other places as the Long County authorities may direct, for a term of four months, or longer, and actually serves his sentence, the officers of said Court and the officers of the committing Court, if there was a commitment, shall be paid their lawful costs in said case by the authorities in charge of county matters, viz.: Ordinary or Commissioners of Long County, out of any funds in their hands. Section 4. An Act entitled 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., approved March 17, 1978 (Ga. Laws 1978, p. 4065), is hereby repealed in its entirety. 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 1979 session of the state legislature a bill to amend an Act establishing the State Court of Long County, Georgia, (Ga. Laws, 1921, page 364) as amended and for other purposes. Thomas B. Clifton Representative, Long County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton 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 Ludowici News which is the official organ of Long County, on the following dates: February 8, 15, 22, 1979. /s/ Thomas B. Clifton Representative, 121st District Sworn to and subscribed before me, this 12th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TOOMBS COUNTY SMALL CLAIMS COURTCOUNTY JURISDICTION, ETC., SALARIES OF NAMED COUNTY OFFICIALS. No. 375 (House Bill No. 937). AN ACT To amend an Act creating and establishing a Small Claims Court for Toombs County, Georgia, approved March 5, 1974 (Ga. Laws 1974, p. 2149), so as to change the jurisdictional amount; to change the provisions relating to costs; to provide for either the clerk of the superior court or the judge of the probate court to serve as the judge of the small claims court under certain conditions; to provide for certain cost-of-living increases to the salaries of the Judge of the Probate Court and the Clerk of the Superior Court of Toombs 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 and establishing a Small Claims Court for Toombs County, Georgia, approved March 5, 1974 (Ga. Laws 1974, p. 2149), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof the following: Section 1. There is hereby created and established a Small Claims Court for Toombs County, Georgia, to be known as the `Small Claims Court of Toombs County,' which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $2,500.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. Said Act is further amended by striking Section 8 of said Act in its entirety and substituting in lieu thereof the following:

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Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $10.00, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants which shall not exceed $10.00; provided, however, the deposit of costs in cases of attachment, granishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $10.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $10.00, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $10.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding. Section 3. Said Act is further amended by adding at the end of Section 3 a new paragraph to read as follows:

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If the judge of the small claims court is unable to act and the judge of the superior court is unable to act, upon application of the judge of the small claims court, the clerk of the superior court shall perform the duties of the judge. If the clerk of the superior court is unable to act, the judge of the probate court shall perform such duties. Section 4. In addition to the salary provided the clerk of the superior court by general law or local law and in connection with certain duties of the clerk related to the Act creating the small claims court, at the discretion of the governing authority of Toombs County, the clerk of the superior court shall also receive a cost-of-living increase in salary not to exceed five percent of his present salary and only for calendar years 1979 and 1980. Section 5. In addition to the salary provided the judge of the probate court by general law or local law and in connection with certain duties of the judge related to the Act creating the small claims court, at the discretion of the governing authority of Toombs County, the judge of the probate court shall also receive a cost-of-living increase in salary not to exceed five percent of his present salary and only for calendar years 1979 and 1980. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an act establishing the Small Claims Court of Toombs County (Ga. Laws 1974, Page 2149) and for other purposes. This the 30th day of January, 1979. Thomas B. Clifton, Jr. Representative, 121st District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. 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 Lyons Progress which is the official organ of Toombs County, on the following dates: February 1, 8, 15, 1979. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF REIDSVILLEELECTION OF MAYOR, ETC. No. 376 (House Bill No. 938). AN ACT To amend an Act to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. Laws 1978, p. 3273), so as to change certain provisions relating to the election of the mayor; 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 City of Reidsville, approved March 13, 1978 (Ga. Laws 1978, p. 373), is hereby amended by inserting in Section 2.8 thereof after the words: voters of the City, the words: voting in the election for mayor, so that when so amended Section 2.8 shall read as follows: 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 voting in the election for mayor and his term of office shall be for a period of four years. In 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. 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 taken that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act to create a new Charter for the City of Reidsville approved March 13, 1978 (Georgia Laws 1978, page 3273), so as to change certain provisions relating the election of the Mayor; and for other purposes. This the 6th day of February, 1979. Thomas B. Clifton, Jr. Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. 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: February 8, 15, 22, 1979. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF FOLKSTONNEW CHARTER. No. 377 (House Bill No. 941). AN ACT To provide a new charter for the City of Folkston; 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; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for a municipal court and the jurisdiction and powers of such municipal court and the judge thereof; to provide for practices and procedures; to provide for elections; to provide for the recall of elected officers; 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 a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I Section 1.10 . Incorporation. This Act shall constitute the whole charter of the City of Folkston, repealing and replacing the charter provided by an Act of the General Assembly approved August 13, 1931 (Ga. Laws 1931, p. 755) and all amendments thereto. The City of Folkston, Georgia, in the County of Charlton, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Folkston,

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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 Folkston, 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 . Specific Powers. The corporate powers of the government of the City of Folkston, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes. (3) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city.

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(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 of 1933 or under other applicable public acts as are or may be enacted. (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of 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 ninety-nine years; to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Public Service Commission. (10) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city.

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(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 may make other public improvements inside or outside the corporate limits of the city and regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Section 36-203 of the Code of Georgia of 1933 or other applicable public acts as are or may be enacted. (13) To require real estate owners to repair and maintain in 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; and 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, and shows of any kind whatever by taxation or otherwise.

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(18) To license, tax, regulate, or prohibit professional fortune-telling or palmistry. (19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances. (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city. (22) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. (24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items. (25) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges.

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(26) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge, fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same. (27) To charge impose, and collect a sewer connection fee or fees and to 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

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other conduct and activities within said city which, while not constituting an offense against the laws of this State, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof. (34) To regulate and license, or prohibit, the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city. (36) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (37) To provide and maintain a system of pensions and retirement for officers and employees of the city. (38) To levy and provide for the collection of special assessments to cover the costs 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

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thereof and for preserving the health, peace, order, and good government of the city. (42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia. (43) To exercise the power of arrest through duly appointed policemen. (44) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city; and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (45) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or

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failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.15. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II Section 2.10. Creation; Composition; Number; Election. The legislative authority of the government of the City of Folkston, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualifications of Office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of six months immediately prior to the date of the election of mayor or members of the council, shall continue to reside therein during his period of service, shall be registered and qualified to vote in municipal elections of the City of Folkston, and shall meet the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture 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.

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(b) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected. (b) Neither the mayor nor any other member of the council shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Folkston 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

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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 Folkston and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may, by ordinance, create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17. Chief Executive Officer. The mayor shall be the chief executive of the City of Folkston. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.18. Term; Qualifications; Compensation. 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 Folkston, shall meet the qualifications required of members of the State House of Representatives by the Georgia Constitution, and shall have been a resident of the City of Folkston for a period of six months immediately preceding his election. He shall continue to reside in the City of Folkston during the period of his service. The compensation of the mayor shall be $1,000.00 per year. Section 2.19. Powers and Duties. As the chief executive of the City of Folkston, the mayor shall: (1) see that all laws and ordinances of the city are faithfully executed; (2) appoint and remove all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

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(4) prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) submit to the council at least once a year a statement covering the financial 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 2.23; (8) approve or disapprove ordinances as provided in Section 2.30; (9) examine and audit all accounts of the city before payment; (10) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (11) preside at all meetings of the city council; (12) be the official head of the city for the service of process, the chief advocate of policy, and for ceremonial purposes; (13) have power to administer oaths and to take affidavits; (14) 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; (15) perform other duties as may be required by law, this charter, or ordinance. Section 2.20. Limitation on Terms of Service. There shall be no limitation on terms of service. 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 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 2.22. Organization Meeting. The council shall meet for organization on the second Monday in January. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman, as the case may be) of the city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Following the induction of members, the council by majority vote of all the members thereof shall elect one of its number to be mayor pro tem who shall serve for a term of two years and until his successor is elected and qualified. Section 2.23. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally, or shall be telephoned personally, or shall be left at their residences at least twenty-four 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 meetings, 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.

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(c) All meetings of the council shall be public. 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 rollcall vote. The affirmative vote of three councilmen shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.26. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Folkston 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 2.27. 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

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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 forty-five 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 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 verified and recorded by the clerk pursuant to Section 2.29. (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 2.29. Signing; Verifying; Recording; Codification; Printing. (a) The clerk shall verify by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all

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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 Folkston, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the council. (c) The council shall cause each ordinance and each amendment in this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first code of the City of Folkston and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.30. Submission of Ordinances to the Mayor. (a) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting; and, should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of four members, it shall become law.

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(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. ARTICLE III Section 3.10. Administrative and Service Departments. (a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council.

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Section 3.11. Boards, Commissions, and Authorities. (a) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable State law. (b) No member of any board, commission, or authority shall hold any elective office in the city. (c) Any vacancy in the office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable State law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable State law as it deems appropriate and necessary for the conduct

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of its affairs, copies of which shall be filed with the clerk of the city. Section 3.12. Chief Executive Officer. The mayor shall be the chief executive officer of the government of the City of Folkston. He shall be responsible to the council for the proper and efficient administration of the affairs of the city. Section 3.13. Powers and Duties. As chief executive, the mayor shall have such powers and duties as are vested in him by ordinance and the provisions of this charter. Section 3.14. 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 part; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, the 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 3.15. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the council may direct. Section 3.16. 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 3.17. City Accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.18. 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

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the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.19. Position Classification and Pay Plans. The mayor may be responsible for the preparation of position classification and pay plans which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Folkston 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 3.20. Personnel Policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plans, 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 Folkston. ARTICLE IV Section 4.10. Municipal Court; Creation. There is hereby established a court to be known as the Municipal Court of the Court of Folkston 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; and to try all offenses within the territorial

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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; and the mayor and the mayor pro tem may serve as the judge and the judge pro tem, respectively. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of twenty-one years. Such person shall serve at the discretion of the council and his compensation shall be fixed by the council. (b) The judge pro tem shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this State that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The municipal court shall try and punish for crimes against the City of Folkston 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 $25.00 or ten days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for ninety days, or both, and, as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding ninety days.

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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 violation 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 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 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 Folkston or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Folkston granted by State laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances.

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Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Charlton County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection; 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 Section 5.10. Regular Elections; Time for Holding. On the first Tuesday in November, 1980, and on said date biennially thereafter, there shall be an election for the office of mayor and two councilmen to serve for two years and until their successors are elected and qualified, in the order of expiration of terms of those now serving as such. On the first Tuesday in November, 1981, and on said date biennially thereafter, there shall be an election of three councilmen to serve for two years and until their successors are elected and qualified. The terms of office of members of the council shall begin at the day and hour of taking of oath of office as provided in Article II, Section 2.22 of this charter. Section 5.11. Qualifying; Nomination of Candidates; Absentee Ballots. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the City of Folkston.

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Section 5.12. Registration of Voters. It shall be the duty of the city clerk to keep a well-bound registration book for the registration of qualified voters, which book shall be open at all times, except it shall be closed fifteen days before any general or special election. When such qualified voter or voters are once registered, they shall not thereafter be required to register or further qualify as voters and shall be and remain qualified voters so long as they, or such person, have paid all taxes assessed against them by the City of Folkston and shall have complied with the State laws as to qualified electors. It shall be the duty of the mayor and council to appoint three citizens of said City of Folkston each year to act as registrars, whose duty it shall be to call upon the city clerk to furnish, for their inspection, his permanent registration book at least five days before a general or special election; to proceed to purge said registration list three days before any election; and to furnish to the election managers holding any general or special election a registration list of all qualified, registered voters of said city. It shall be the duty of the election managers to use said furnished registration list and no other. The city clerk shall also, when called upon to do so, furnish to the registrars his tax digest or other records in his office showing those who are tax defaulters or delinquents. Section 5.13. Elections; Applicability of General Laws. The procedures and requirements for election of all elected officials to the City of Folkston as 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 5.14. 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, the Georgia Municipal Election Code, and Title 34A of the Code of Georgia of 1933, as now or hereafter amended.

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Section 5.15. Grounds for Removal of Elective Officers. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (1) incompetence, misfeasance, or malfeasance in office; (2) conviction of a crime involving moral turpitude; (3) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) willful violation of 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. Section 5.16. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (1) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Charlton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By information filed in the Superior Court of Charlton County as provided by law. ARTICLE VI Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Folkston.

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The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax Levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. Section 6.12. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those of federal, State, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or other amounts due to the city. Section 6.14. Licenses, Occupational Taxes, Excise Taxes. The council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of Folkston, 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,

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or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charges. The council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Folkston to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property, superior to all other liens except liens for county and city property taxes, which shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge. The council shall have authority by ordinance to provide for, to enforce, to levy, and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts and, based upon and in accordance with such classification or property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances 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

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to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes. Section 6.18. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers to tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.19. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.22. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and

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the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government unless otherwise provided by State or federal law. Section 6.23. Preparation of Budgets. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24. Submission of Operating Budget to 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, an explanation of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget message and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Action by Council on Budget. (a) The council may amend the 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 a-1 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 first Monday in July 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.

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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 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 6.26. 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 Folkston. 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 Folkston. Section 6.27. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.28. Capital Improvements Budget. (a) On or before the date fixed by the 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 improvements budget except to meet a public emergency threatening the lives, health, or property of the inhabitants and when passed by a two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first Monday in July 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;

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provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.29. 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 6.30. Centralized Purchasing. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Folkston. (b) The council may sell and convey any real or personal property owned or held by the City of Folkston 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 a report by the mayor and the 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.

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ARTICLE VII Section 7.10. Official Bonds. The officers and employees of the City of Folkston, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and regulations of the City of Folkston not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. Section Captions. The captions to the several Sections of this charter are informative only and are not to be considered as a part thereof. Section 7.13. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment. Section 7.14. Specific Repealer. An Act incorporating the City of Folkston in the County of Charlton, approved August 13, 1931 (Ga. Laws 1931, p. 755), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.15. Severability. In the event any section, subsection, 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. Effective Date. This Act shall become effective January 1, 1980.

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Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to revise the charter of the City of Folkston; and for other purposes. This 6th day of February, 1979. Harry D. Dixon Representative, 151st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he/she is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following dates: February 7, 14 and 21, 1979. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4423

McINTOSH COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 378 (House Bill No. 942). AN ACT To amend an Act abolishing the fee system method of compensating the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of McIntosh County and to provide in lieu thereof annual salaries for such officers, approved April 5, 1965 (Ga. Laws 1965, p. 3239), as amended, so as to change the allowances of the Tax Commissioner of McIntosh County for additional clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system method of compensating the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of McIntosh County and to provide in lieu thereof annual salaries for such officers, approved April 5, 1965 (Ga. Laws 1965, p. 3239), as amended, is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The tax commissioner shall be authorized to employ one assistant and fix the compensation of such assistant at not less than $7,200.00 per annum, payable in equal monthly installments from the funds of McIntosh County. Upon the approval of the governing authority of McIntosh County, the tax commissioner may employ an additional assistant at an annual salary of not less than $5,200.00, such salary to be fixed by the governing authority of said county. Said assistants shall serve at the pleasure of the tax commissioner. 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. Pursuant to the request of the Commissioners of McIntosh County, notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to change the allowance of the Tax Commissioner, of McIntosh County for clerical help; to provide for other matters relating to the Tax Commissioner's office: and for other purposes. This 22nd day of January, 1979. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4425

LIBERTY COUNTYCOMPENSATION OF CLERK OF JUDGE OF PROBATE COURT. No. 379 (House Bill No. 943). 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, 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, is hereby amended by striking subsection (b) of Section 1 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The judge of the probate court is hereby authorized to employ one full-time clerk who shall be compensated in the amount of not less than $5,512.00 per annum, the exact amount of such salary to be determined by the governing authority of Liberty County. Said salary 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of General Assembly of Georgia, a bill changing the salary of the Clerk of Probate Court of Liberty County, Georgia; to provide for other matters relating to the Probate Court of Liberty County, Georgia; and for other purposes. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/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: February 1, 8, 13, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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McINTOSH COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 380 (House Bill No. 944). AN ACT To amend an Act placing the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of McIntosh County on an annual salary, approved April 6, 1965 (Ga. Laws 1965, p. 3239), as amended, 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, the Sheriff and the Tax Commissioner of McIntosh County on an annual salary, approved April 6, 1965 (Ga. Laws 1965, p. 3239), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The clerk of the superior court shall receive an annual salary of not less than $15,000.00, the exact amount to be determined by the governing authority of McIntosh County. Said salary shall be paid in equal monthly installments from the funds of McIntosh County. The clerk shall also receive an expense allowance of $600.00 per annum, payable in equal monthly installments from the funds of McIntosh County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the request of the Commissioners of McIntosh County, notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to change the

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allowance of the Clerk of Superior Court, of McIntosh County for clerical help; to provide for other matters relating to the Clerk of Superior Court's office: and for other purposes. This 22nd day of January, 1979. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4429

McINTOSH COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 381 (House Bill No. 945). AN ACT To amend an Act abolishing the fee system of compensating the Judge of the Probate Court of McIntosh County and providing in lieu thereof an annual salary, approved April 23, 1969 (Ga. Laws 1969, p. 3369), as amended, 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 abolishing the fee system of compensating the Judge of the Probate Court of McIntosh County and providing in lieu thereof an annual salary, approved April 23, 1969 (Ga. Laws 1969, p. 3369), 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 shall receive an annual salary of not less than $14,500.00, the exact amount to be determined by the governing authority of McIntosh County. Said salary shall be paid in equal monthly installments from the funds of McIntosh County. (b) Notwithstanding the provisions of Section 3, in addition to said salary, the judge of the probate court shall be entitled to fees collected by the probate court pursuant to the provisions of Code Chapter 88-17, relating to vital records. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4430

Notice of Intention to Introduce Local Legislation. Pursuant to the request of the Commissioners of McIntosh County, notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to change the allowance of the Judge of Probate Court, of McIntosh County for clerical help; to provide for other matters relating to the Judge of Probate Court's office: and for other purposes. This 22nd day of January, 1979. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4431

McINTOSH COUNTYSMALL CLAIMS COURT. No. 382 (House Bill No. 946). AN ACT To create and establish a Small Claims Court in and for McIntosh 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 McIntosh 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 McIntosh

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County, be at least twenty-five 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 McIntosh County or, if said judge fails to serve, any judge of a State Court located in said county 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

Page 4433

party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding 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.

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Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule hereinafter set forth, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. The sum to be deposited by the plaintiff with the court when the amount of the claim is $500 or less shall be $10. When the amount of the claim is more than $500, but less than $1,001, the amount of the deposit shall be $15. When the amount of the claim is more than $1,001, but less than $1,500, the amount of the deposit shall be $20. When the amount of the claim is more than $1,500, the amount of the deposit shall be $25. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.

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(c) If the plaintiff, without good cause, fails to appear, the suit shall be dismissed for want of prosecution. If both parties fail to appear, the judge shall order the same dismissed for want of prosecution. 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 McIntosh 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

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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 of McIntosh County, Georgia, by applying for and obtaining a writ of certiorari as is provided for in Code Sections 19-203 to 19-216, inclusive, Code of Georgia, and any Act amendatory thereof except as hereinafter modified. The petition for issuance of a writ of certiorari to the Superior Court of McIntosh County, Georgia, must be filed in said county within five days after the judgment complained of is pronounced and all costs of the case must first be paid and bond and security given to answer the final judgment rendered in the case, such bond and security to be approved by the judge of the Small Claims Court. 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 4437

Small Claims Court of McIntosh County

Page 4438

Section 18. On or before the effective date of this Act the Board of County Commissioners of McIntosh County shall appoint a duly

Page 4439

qualified person to serve as the judge of said court for a term of office expiring December 31, 1980, or until his successor is duly appointed and qualified. The successor to the initial judge shall be appointed by the said board of commissioners at its first regular meeting in January, 1981, for a term of office of two years and until his successor is duly appointed and qualified. Thereafter, successors shall be appointed by the said board of commissioners at its first regular meeting in January following the expiration of a judge's term of office for terms of office of two years and until their respective successors are duly appointed and qualified. In the event of a vacancy for any reason the board of commissioners shall appoint a person to serve as judge for the remainder of the unexpired term. Section 19. The Board of County Commissioners of McIntosh County, at its discretion, shall furnish 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. 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 such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment.

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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. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill creating the Small Claims Court of McIntosh County; to provide for other matters

Page 4441

relating to the Small Claims Court of McIntosh County and for other purposes. This 29th day of January, 1979. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: February 1, 8, 15, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF GRANTVILLETOWN CLERK. No. 383 (House Bill No. 947). AN ACT To amend an Act creating a new charter for the City of Grantville in the County of Coweta, approved August 1, 1912 (Ga. Laws 1912, p. 925), as amended by an Act approved February 18, 1959 (Ga. Laws 1959, p. 2041), an Act approved March 27, 1972 (Ga. Laws 1972, p. 2957), an Act approved April 17, 1973 (Ga. Laws 1973, p. 3465), and an Act approved March 18, 1976 (Ga. Laws 1976, p. 2994), so as to change the name of the office of town clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Grantville in the County of Coweta, approved August 1, 1912 (Ga. Laws 1912, p. 925), as amended by an Act approved February 18, 1959 (Ga. Laws 1959, p. 2041), an Act approved March 27, 1972 (Ga. Laws 1972, p. 2957), an Act approved April 17, 1973 (Ga. Laws 1973, p. 3465), and an Act approved March 18, 1976 (Ga. Laws 1976, p. 2994), is hereby amended by striking from Section 10 thereof the word: clerk, and substituting in lieu thereof the words: city manager, so that when so amended Section 10 shall read as follows: SEC. 10. Be it further enacted, That said managers shall certify two lists of voters and two tally sheets, and shall place one of said tally sheets and one of said lists of voters in the ballot box together with ballots, and seal the same and shall forthwith deliver the same to the Judge of the Probate Court of Coweta County, Georgia. The other tally sheet and list of voters, together with a certificate showing the result of the election signed by said managers,

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shall be placed in a package and sealed and forthwith delivered to the city manager of said city, who shall safely keep the same, and at the first regular meeting of the Mayor and Council occurring after said election open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said city is contested, notice of such contest shall be filed with the Judge of the Probate Court of Coweta County, by noon of Monday next, after such election, setting forth all the grounds of contest, and upon payment of a fee of ten dollars in advance to said Judge of the Probate Court, the said Judge of the Probate Court shall, within two days after he receives the same, cause a copy of said notice to be served by the Sheriff or his deputy on the contestee, if said contest is for an office: and if the result of any election in which any question is submitted is contested, then said Judge of the Probate Court shall cause notice to be served on the Mayor of the city and published one time in the official newspaper of Coweta County. Said Judge of the Probate Court shall fix the time of hearing such contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contester shall pay the Sheriff or his deputy two dollars in advance for serving notice of contest. All contests shall be heard at the court house. Said Judge of the Probate Court is authorized to hear and determine the contest, and the losing party shall pay all costs, for which said Judge of the Probate Court is authorized to render judgment and issue execution. Section 2. Said Act is further amended by striking from Section 12 thereof the words: Town clerk, and substituting in lieu thereof the words: city manager, so that when so amended Section 12 shall read as follows: SEC. 12. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Councilmen in January each year they shall elect a city manager, city treasurer,

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marshal, who shall be the chief of police, and as many policemen as in the judgment of said Mayor and Councilmen as may be necessary. They may also elect a city attorney, city sexton, and such other officers as they may deem necessary. The same person may hold two or more of said offices in the discretion of the Mayor and Councilmen. Each of said officers shall take such oaths, give such bond, receive such salaries, and perform such duties as the Mayor and Councilmen may, by ordinance, prescribe. Section 3 . Said Act is further amended by striking from Section 18 thereof the word: clerk, and substituting in lieu thereof the words: city manager, so that when so amended Section 18 shall read as follows: Section 18. It shall be the duty of the city manager to collect and keep, subject to the discretion of the city council, all money due and belonging to the city, except as hereinafter provided; to be custodian of the books and records of the city; to preserve a minute of all the acts and doing of each meeting of the city council; to be ex officio clerk of the recorder's court of said city and to perform all such other duties as are required of him by this Act, and which may be required of him from time to time by the ordinances, rules, and regulations of the city council. Before entering upon the discharge of the duties of his office, he shall take before the officers authorized to administer oaths in this State an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as shall be required of him by the city council, with good and sufficient security, to be approved by the mayor. He shall keep a separate and correct account of all the separate and distinct funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner, and at the time when called upon by the city council to do so. Section 4 . Said Act is further amended by striking in its entirety Section 20 thereof and substituting in lieu thereof a new Section 20, to read as follows:

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Section 20. All executions issued by the City Manager of Grantville shall be directed to the policemen and marshal of the city, and to all and singular the Sheriffs and Constables of this State. All executions shall state the reason for its issuance and shall be made returnable to the city manager 90 days after issuance of the execution. It shall be the duty of the police, marshal or other collecting officer to execute the execution as provided in this Section. If the execution is for less than $100 and is levied upon personal property, the execution shall be advertised and sold in the same manner as sales by Constables are conducted in this State; each such sale to take place before the council room door in the city on the regular day for Constables' sales in the 1139, District G. M., Coweta County, Georgia. If an execution is for $100 or more all proceedings under the execution shall be had under the same rules and regulations as governs Sheriff's sales in this State. All sales where the execution levied is for less than $100 and the execution has been levied upon real estate shall likewise be governed by the rules and regulations governing Sheriff's sales in this State. Executions may be arrested by the filing of illegalities to the executions or claims to the property levied on may be interposed under the same terms and conditions that illegalities and claims are filed to executions issuing from other courts of this State. If an illegality or claim is filed, where the execution is less than $100 and levied upon personal property, it shall be returned to the Justice Court of the 1139th district, G. M., Coweta County, Georgia, to be there disposed of as other claims and illegalities in the court. Should an execution be for $100 or more or should it be levied, if less than $100 upon real estate, any claims or illegality filed thereto shall be returnable to the Superior Court of Coweta County, to be there disposed of as other claims and illegalities are tried in the Court. The city manager shall enter on his execution docket all executions, giving the date, amount of each, all proceedings thereunder. Executions shall also be returned to the office of the city manager after being satisfied. In all cases where illegalities or claims are filed the same bond shall be required as is required of persons filing illegalities or claims to proceedings in the State courts. The lien of tax executions in favor of the City of Grantville shall have priority on all property of defendants within the corporate limits of the city over all other executions and judgments except those for State and County taxes.

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Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1979 session of the General Assembly, a bill to amend the Charter of the City of Grantville so as to change the designation of the office of Town Clerk to City Manager. By Jack T. Camp Glover and Davis, P. A. Attorneys for City of Grantville 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 18, 25, 1979, February 1, 1979. /s/ Nathan G. Knight Representative, 67th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COWETA COUNTY WATER AND SEWER AUTHORITY. No. 384 (House Bill No. 948). AN ACT To create the Coweta County Water and Sewer Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals and private concerns; to confer powers and impose duties on the Authority; to provide for the membership of the Authority and their tenure of office; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary and convenient for the operation of such undertaking or projects; to authorize the issuance of revenue certificates of the Authority payable from the revenues of the Authority from tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of such Authority for the payment of such certificates; to authorize said Authority to establish a sewer system or systems in the unincorporated areas of said county so as to vest in the Coweta County Water and Sewer Authority the same powers, jurisdiction and authority it had by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a sewer system or systems as it may have to establish, operate and maintain a water system; to provide that all of the acts of said Authority shall be approved by the county governing authority; to provide for the separate enactment of each of the provisions of this Act, and to provide that the rights and powers conferred by/this Act shall be cumulative and in addition to existing laws; to provide for a declaration of intention; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The County of Coweta shall have the right, power and authority to operate, build and maintain a waterworks system, together with the right to acquire land, construct waterworks facilities, including projects embracing sources of water supply and

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related facilities; to sell water and its related facilities to individuals and private concerns and to further authorize the said County of Coweta to accept franchises for that purpose granted by other municipalities to said County of Coweta. Section 2. The powers granted by this Act shall authorize the County of Coweta to lay or construct water mains and water distribution systems within the limits of said county, and to issue water revenue-anticipation certificates for such purposes as may be authorized by law. Section 3. The said County of Coweta shall have the right, power and authority to exercise police powers over the entire water system and shall have the right and authority to make rules and regulations governing the construction, operation and maintenance, extension and connection with any water main within the limits of said county, and shall have the right and authority to require all users of water who connect with the water mains to install proper meters and make connections in accordance with the rules and regulations provided therefor and shall have the right and authority to refuse to sell or furnish water to any firm, person, corporation or municipality who fails or refuses to comply with such rules and regulations as may be promulgated for the operation of said water system. Nothing contained herein shall be construed as requiring the county to furnish water to any consumers if in the discretion of said county it is not deemed feasible or desirable to do so. Section 4. The said County of Coweta shall have the power to create by resolution a five-member board to be known as the Coweta County Water and Sewer Authority and to vest in it the power and authority to construct, maintain and operate said water system. The members of the board shall be appointed by the governing authority of said county. The first members appointed hereunder shall be appointed as follows: one member for two years, two members for three years and two members for four years. Successors to these members and future members shall be appointed by the governing authority for terms of four years. 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. A majority of the members shall

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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 is authorized to employ such employees, including an attorney, as the Authority shall deem proper for the transaction of business and provide the compensation therefor. All such compensations shall be paid out of the earnings of said Authority. Section 5. No member of the Coweta County Water and Sewer Authority shall be eligible to hold an elective public office of the State, county, or municipality unless first resigning as a member of the Authority. No persons shall be eligible for appointment to the Coweta County Water and Sewer Authority who are serving in an elective public office of the State, county or a municipality. Section 6. Said board shall have general supervision and control over the entire water system or systems that may be constructed and placed in operation for said county, together with the right to expand or curtail such operations as it may deem advisable. The board shall regulate and provide for the use of its water, fix the time, place and rates for such usage, and in default may cause such services to be discontinued until all arrears are fully paid, and may issue executions for any amount that may be past due and the secretary or clerk of said board is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. The board shall have the power to construct, alter, expand and maintain such water system with the funds made available to it by the county governing authority by the issuance and sale of bonds, or revenue-anticipation certificates issued by said county, and by funds arising from the operation of said water system. The Authority shall have the right to join with the county in the issuance of revenue-anticipation certificates and pledge the revenues of the Authority to the payment of any such certificate so issued. Section 7. The said Authority is authorized, with approval of the county governing authority, to acquire by eminent domain such property as it may require for the expansion and development for its water and sewerage system together with rights-of-way, easements, and such other rights as may be proper for the development and expansion of said system. Said Authority shall have, with the

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approval of the county governing authority, in addition to the rights granted by this Act all of the authority as provided by the Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, and especially the powers as defined in Sections 2 and 3 thereof and Sections in sequence thereof and as fully and completely as if they were set out in this Act, and all property and rights so secured shall be construed to be the property of Coweta County, and as an act of said county. Section 8. The board is hereby charged with the duty of collection for all services rendered by said water system of said county and is hereby required to keep money collected in a bank or banks as may be required by the county governing authority. Any person handling such funds shall be required to give a surety bond in such amount as may be required by said board and approved by the county governing authority. The board at all times shall maintain a schedule of fees, rates and tolls for the services of said water system as shall be sufficient to retire any revenue certificates, or other indebtedness incurred in the construction, maintenance, operation, and expansion of said water system, and to provide for any reserves and funds required to be maintained by the county in connection with the issuance of any such revenue certificates, together with sufficient amounts to pay the current operating costs of such water system. Any funds accumulated in excess over the payments and legally required reserves may be allowed to accumulate in a special reserve account in an amount equal to three years' payments, at which time any further accumulation would be eliminated by reduction of user rates. Section 9. The board shall have the power to employ or discharge its employees at its pleasure. It shall make quarterly reports to the county governing authority of all monies it has received and expenditures made in the operation of said water system and shall be subject to an annual audit. Section 10. Said board shall be amenable to the county governing authority and subject to removal from office for neglect of duty or malfeasance in office. Section 11. The said Coweta County Water and Sewer Authority is hereby authorized to construct a county sewerage system in said county, and all rights conferred to said board to construct,

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operate and maintain a water system for said county and to join with the county in the issuance of revenue-anticipation certificates for that purpose, shall likewise apply to the construction, operation and maintenance of a sewerage system for said county. Section 12. Any water or sewerage system that may be constructed under the provisions of this Act shall be construed to be the property of Coweta County, and nothing in this Act shall be construed to limit the said County of Coweta in issuing bonds, revenue certificates or any other means of financing as are now or hereafter recognized by law for the development of such water or sewerage facilities. The powers and rights conferred by this Act shall be cumulative to the powers and rights that now exist. Section 13. In exercising the powers herein granted, it is hereby declared to be the intention of the General Assembly that the governing authority of Coweta County and the Coweta County Water and Sewer Authority created herein shall implement and carry out such powers, as far as practicable, in such a manner that the cost of establishing and maintaining the facilities herein authorized shall be borne by those citizens of Coweta County benefiting from the establishment and maintenance of such facilities. Section 14. The county governing authority may in its discretion alter, change, modify or repeal any of the rules and regulations adopted by the water and sewer Authority. Section 15. The term county governing authority used in this Act shall be construed to mean the regularly elected commissioners of said county. Section 16. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, legislation to authorize the Board of Commissioners of Coweta County to create a County Water and Sewer Authority to construct, operate and maintain projects for water supply and sewerage systems and for other purposes. This 16th day of January, 1979. Nathan G. Knight Representative, 67th District

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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 18, 25, 1979 and February 1, 1979. /s/ Nathan G. Knight Representative, 67th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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LIBERTY COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 385 (House Bill No. 949). 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, 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 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, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The Clerk of the Superior Court of Liberty County shall be compensated in an amount of not less than $19,300.00 per annum, the exact amount to be determined by the governing authority of Liberty County. Said salary shall 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; provided, however, that said clerk shall be entitled to any compensation authorized for services rendered in the Juvenile Court of Liberty 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 1979 session to the General Assembly of Georgia, a bill changing the salary of the Clerk of Superior Court of Liberty County, Georgia; to provide for other matters relating to the Clerk of Superior Court of Liberty County, Georgia; and for other purposes. Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/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: February 1, 8, 13, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COMPENSATION OF CLERKS OF SUPERIOR COURTS AND PROBATE JUDGES IN CERTAIN COUNTIES (15,300 - 15,800). No. 386 (House Bill No. 950). AN ACT To amend an Act fixing the salary of certain county officers in each county in this State having a population of not less than 15,300 and not more than 15,800, according to the United States Decennial Census of 1970, or any future such census, approved March 30, 1977 (Ga. Laws 1977, p. 4268), so as to change the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act fixing the salary of certain county officers in each county in this State having a population of not less than 15,300 and not more than 15,800, according to the United States Decennial Census of 1970, or any future such census, approved March 30, 1977 (Ga. Laws 1977, p. 4268), is hereby amended by striking paragraphs (3) and (4) of subsection (a) of Section 1, which read as follows: (3) clerk of the superior court - $14,000 per annum (4) judge of the probate court - $14,000 per annum, and inserting in lieu thereof two new paragraphs, to read as follows: (3) clerk of the superior court - $16,000 per annum (4) judge of the probate court - $16,000 per annum.

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Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. TAYLOR COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 387 (House Bill No. 951). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, approved March 2, 1933 (Ga. Laws 1933, p. 673), as amended, so as to change the compensation of the tax commissioner; to change the compensation of the secretary of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, approved March 2, 1933 (Ga. Laws 1933, p. 673), as amended, is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The compensation of the Tax Commissioner of Taylor County shall be eleven thousand five hundred dollars ($11,500.00) per annum, to be paid in equal monthly installments from the funds of Taylor County.

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Section 2. Said Act is further amended by striking Section 5A in its entirety and inserting in lieu thereof a new Section 5A to read as follows: Section 5A. The Tax Commissioner of Taylor County shall have authority to appoint a secretary to assist in the duties of such office. Such secretary shall perform the duties specified by the tax commissioner. The secretary shall receive an annual salary of seven thousand five hundred dollars ($7,500.00), payable in equal monthly installments from the funds of Taylor County. The Board of Commissioners of Taylor County may, at its discretion, grant annual cost-of-living increases to the said salary of the secretary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be a bill introduced at the 1979 session of Georgia General Assembly to change the compensation of the Taylor County Tax Commissioner and the Taylor County Tax Commissioners Clerk and for other purposes. Taylor County Commissioners Debra Bone, Clerk

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards who, on oath, deposes and says that he/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 8, 15, 22, 1979. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF RIVERDALECHARTER AMENDED. No. 388 (House Bill No. 953). AN ACT To amend an Act establishing a charter for the City of Riverdale, approved February 13, 1956 (Ga. Laws 1956, p. 2205), as amended, so as to repeal certain provisions for the search, seizure, and destruction of spiritous, vinous, malt or intoxicating liquors; 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 Riverdale, approved February 13, 1956 (Ga. Laws 1956, p. 2205), as amended, is hereby amended by striking in its entirety Section 59, providing for the search, seizure, and destruction of spiritous, vinous, malt, or intoxicating liquors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Riverdale, Georgia intends to apply for the passage of local legislation at the 1979 Session of the General Assembly of Georgia, convening in January, 1979, to amend the Charter of the City of Riverdale, Georgia, (Ga. Laws 1956, p. 2206, et seq.) so as to amend those sections pertaining to the date for holding election for the offices of Mayor and Councilmen, the appointment of a Board of Tax Assessors, the confiscation of Intoxicating Liquors, and Tax Assessors, the confiscation of Intoxicating Liquors, and for other purposes. This 30th day of January, 1979. Glaze, McNally and Glaze City Attorneys City of Riverdale George E. Glaze

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County, on the following dates: January 30, 1979, February 6, 13, 1979. /s/ Rudolph Johnson Representative, 72nd District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF RIVERDALECHARTER AMENDED. No. 389 (House Bill No. 954). AN ACT To amend an Act establishing a charter for the City of Riverdale, approved February 13, 1956 (Ga. Laws 1956, p. 2205), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2737), and an Act approved March 12, 1970 (Ga. Laws 1970, p. 2611), so as to repeal certain provisions for the appointment of a board of tax assessors for the City of Riverdale, their compensation, oath of office, duties, and qualifications; 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 Riverdale, approved February 13, 1956 (Ga. Laws 1956, p. 2205), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2737), and an Act approved March 12, 1970 (Ga. Laws 1970, p. 2611), is hereby amended by striking in its entirety Section 33, providing for the appointment of a board of tax assessors for the City of Riverdale, their compensation, oath of office, duties, and qualifications. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby that the City of Riverdale, Georgia intends to apply for the passage of local legislation at the 1979 Session of the

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General Assembly of Georgia, convening in January, 1979, to amend the Charter of the City of Riverdale, Georgia, (Ga. Laws 1956, p. 2206, et seq.) so as to amend those sections pertaining to the date for holding election for the offices of Mayor and Councilmen, the appointment of a Board of Tax Assessors, the confiscation of Intoxicating Liquors, and Tax Assessors, the confiscation of Intoxicating Liquors, and for other purposes. This 30th day of January, 1979. City Attorneys City of Riverdale George E. Glaze Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County, on the following dates: January 30, 1979, February 6, 13, 1979. /s/ Rudolph Johnson Representative, 72nd District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF RIVERDALEELECTIONS. No. 390 (House Bill No. 955). AN ACT To amend an Act establishing a charter for the City of Riverdale, approved February 13, 1956 (Ga. Laws 1956, p. 2205), as amended, particularly by an Act approved April 2, 1963 (Ga. Laws 1963, p. 2815), an Act approved March 12, 1970 (Ga. Laws 1970, p. 2611), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3805), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3306), so as to change the date for holding elections for the offices of Mayor and Councilmen of the City of Riverdale; 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 Riverdale, approved February 13, 1956 (Ga. Laws 1956, p. 2205), as amended, particularly by an Act approved April 2, 1963 (Ga. Laws 1963, p. 2815), an Act approved March 12, 1970 (Ga. Laws 1970, p. 2611), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3805), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3306), is hereby amended by striking from Section 8 the following: Thereafter, an election shall be conducted in said City on the second Saturday in November in each even numbered year to elect successors to the Mayor and Councilmen whose terms of office are expiring in that year., and inserting in lieu thereof the following: Thereafter, an election shall be conducted in said City on the second Saturday in October in each even-numbered year to elect successors to the Mayor and Councilmen whose terms of office are expiring in that year. 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 the City of Riverdale, Georgia intends to apply for the passage of local legislation at the 1979 Session of the General Assembly of Georgia, convening in January, 1979, to amend the Charter of the City of Riverdale, Georgia, (Ga. Laws 1956, p. 2206, et seq.) so as to amend those sections pertaining to the date for holding election for the offices of Mayor and Councilmen, the appointment of a Board of Tax Assessors, the confiscation of Intoxicating Liquors, and Tax Assessors, the confiscation of Intoxicating Liquors, and for other purposes. This 30th day of January, 1979. Glaze, McNally and Glaze City Attorneys City of Riverdale George E. Glaze Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rudolph Johnson who, on oath, deposes and says that he/she is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County, on the following dates: January 30, 1979, February 6, 13, 1979. /s/ Rudolph Johnson Representative, 72nd District Sworn to and subscribed before me, this 27th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF SWAINSBOROCORPORATE LIMITS. No. 391 (House Bill No. 964). AN ACT To amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, so as to change the corporate limits of the City of Swainsboro; to remove certain territory from the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. Laws 1900, p. 427), as amended, is hereby amended by inserting following Section 1D, a new Section 1E, to read as follows: Section 1E. The corporate limits of the City of Swainsboro shall not include the following described property which was annexed into the City of Swainsboro by an ordinance of the city council of Swainsboro adopted on January 5, 1970, and the following described property is hereby deannexed from the corporate limits of Swainsboro, to wit: One certain tract or parcel of land situate, lying and being in the 53rd G. M. District of Emanuel County, Georgia, fronting 200 feet on Empire Expressway, which is within the City Limits of the City of Swainsboro and containing 6.1 acres of land, more or less, as shown on a plat prepared by J. D. McLeod, Surveyor, on December 6, 1969, which plat is on file in the office of the Clerk, City of Swainsboro in the City Hall, and on record in the office of the Clerk of Superior Court of Emanuel County, Georgia in Plat Book 5, page 151. Said property aforesaid being more minutely described as follows: BEGINNING at a point which is located 2672.6 feet from the southeast corner of the intersection of Meadowlake Parkway and Empire Expressway in said City and running

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thence south 71 degrees 39 minutes east a distance of 1330 feet to a point; thence turning and running south 18 degrees 21 minutes west a distance of 200 feet to a point; thence turning and running north 71 degrees 30 minutes west a distance of 1330 feet to a point; thence turning and running north 18 degrees 21 minutes east a distance of 200 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislatioin. Notice is hereby given that there will be introduced in the 1979 Regular Session of the General Assembly of Georgia a bill to change the City Limits of the City of Swainsboro and for other purposes. This the 6th day of February, 1979. /s/ Grady Price, Clerk City of Swainsboro

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh who, on oath, deposes and says that he/she is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Swainsboro Forest Blade which is the official organ of Emanuel County, on the following dates: February 7, 14, 21, 1979. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF FITZGERALDCHARTER AMENDED. No. 392 (House Bill No. 965). AN ACT To amend an Act entitled An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914 (Ga. Laws 1914, p. 781), as amended, so as to provide for election of aldermen; to provide for the term and compensation of aldermen; to provide for residency; to abolish certain positions; to provide for definitions; to provide for requirements; to provide for procedures relative to election of aldermen; to provide for a Water, Light, and Bond Commission; to provide for members; to provide for powers and duties; to provide for rates; to provide for issuance of bonds; to provide for the terms of the members of the commission; to provide for election of the members; to provide for filling vacancies; to provide for definitions; to provide for compensation; to provide for a board of education; to provide that the chairman shall be elected by the board; to provide for the election of the members of the board; to provide for the date of the elections and the terms; to provide for definitions; to provide for filling vacancies; to provide for requirements of members; to provide that current terms of aldermen, school board members, and commission members shall not be affected; to ratify the results of the 1978 election; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914 (Ga. Laws 1914, p. 781), as amended, is hereby amended by striking Section 9 of said Act in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. Election, term, compensation of aldermen. Be it further enacted by the authority aforesaid that the mayor and council

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of the City of Fitzgerald shall consist of nine aldermen in addition to the mayor, and each such alderman shall be elected for a term of three years and until his successor is elected and qualified. (a) At the general election which will be held on the third Tuesday in November, 1981, there shall be elected an alderman from the second ward who shall be required to be a resident of the second ward and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (b) At the general election which will be held on the third Tuesday in November, 1981, there shall be elected an alderman from the third ward who shall be required to be a resident of the third ward and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (c) At the general election which will be held on the third Tuesday in November, 1981, there shall be elected an alderman from the fourth ward who shall be required to be a resident of the fourth ward and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (d) At the general election which will be held on the third Tuesday in November, 1979, there will be elected three aldermen from the city at large from candidates who reside within the City of Fitzgerald, Georgia, and the three candidates receiving the largest number of votes shall be elected. (e) At the general election which will be held on the third Tuesday in November, 1980, there shall be elected an alderman from the first ward who shall be required to be a resident of the first ward and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (f) The positions of the two at-large aldermen whose terms expire in 1980 are hereby abolished, effective as of the expiration of the present term of said positions in 1980. (g) At the general election which will be held on the third Tuesday in November, 1980, there shall be elected an alderman from the western district who shall be required to be a resident of either the first or fourth ward and shall be elected by a majority vote of the registered and qualified voters who reside in the western district.

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(h) At the general election which will be held on the third Tuesday in November, 1980, there shall be elected an alderman from the eastern district who shall be required to be a resident of either the second or third ward and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (i) Definitions: (1) As used in this Section, the term `eastern district' is hereby defined to be that portion of the City of Fitzgerald which includes the second and third wards. (2) As used in this Section, the term `western district' is hereby defined to be that portion of the City of Fitzgerald which includes the first and fourth wards. (j) Said aldermen shall receive for their services $100.00 per month. (k) Aldermen shall be required to be registered voters in the City of Fitzgerald and be at least twenty-one years of age at the time they take their oath of office. (l) The successor to each alderman described in subsections (a), (b), (c), (d), (e), (g), and (h) of this Section shall meet the same qualifications and be elected in the same manner as such aldermen. (m) Nothing in this Section shall affect in any manner the term of office of any alderman presently serving as a member of the city council of the City of Fitzgerald, Georgia. Section 2. Said Act is further amended by striking Section 55 of said Act in its entirety and substituting in lieu thereof a new Section 55 to read as follows: Section 55. Water, Light, and Bond Commission; creation; organization; powers and duties. Be it further enacted by the authority aforesaid that there is hereby created a Water, Light, and Bond Commission to consist of five upright, intelligent citizens of the City of Fitzgerald, of sound business discretion, whose duties and powers it shall be to take charge of, operate, and maintain the present system of water and lights in the City of Fitzgerald and

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improve the same through and by proper agents in and for said city; and whose duties it shall be to construct and maintain a system of sewerage for the said city. (a) The said Water, Light, and Bond Commission shall have, and is hereby given, full power and authority to operate and maintain the water and light plant and water and sewerage systems of said city and any other public works under their management and control and to enlarge or extend the same; to employ such officers, agents, and employees as they may, in their discretion, deem necessary and fix and pay the compensation to be paid to such officers, agents, and employees; to fix the rates to be charged consumers for electrical energy and for water and lights furnished them and to change such rates at any time and from time to time as they, in their discretion, may deem necessary and expedient. However, the rates so fixed by said commission shall at all times be sufficient to provide the funds necessary for the operation and maintenance of the water and light plant and water and sewerage systems and other public works under their management and control, including the necessary repairs and depreciation such as are ordinarily charged to privately owned plants of a similar nature, and to provide all necessary and reasonable extensions of such systems, and such rates shall also be sufficient to provide, in addition thereto, a surplus or profit of not less than ten percent of the gross annual income derived from the operation of said water and light plant or other public works under their management and control, which surplus or profit and any additional surplus or profit over and above such minimum amount shall be paid into the treasury of the City of Fitzgerald; to operate the city's light plant for the production of electrical energy or, in their discretion, to contract for the purchase of electrical energy, either from public or privately owned plants, for the purpose of distribution and resale to its consumers, and to enter into such contracts for a period of time not exceeding five years; to purchase machinery, supplies, and materials necessary for the operation, maintenance, extension, and improvement of the water and light plant and water and sewerage systems and other public works under their management and control, either for cash or upon deferred payments, provided that such deferred payments shall not extend over a period of time exceeding three years; and to fix, prescribe, and enforce rules and regulations governing the sale and distribution of water and electrical energy, including the right to require a cash deposit from consumers before connections are made and service

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rendered and the right to impose penalties for late payment of bills; and it shall be the duty of said commission to furnish all necessary street lights and lights and water for the public buildings and parks of said city and water for fire fighting purposes, without charge to the City of Fitzgerald. (b) The said Water, Light, and Bond Commission shall have the control of the sale of all bonds that may be issued by the City of Fitzgerald and of all contracts made in behalf of said city for water, light, and sewerage purposes. The Water, Light, and Bond Commission is hereby further authorized to control in like manner any and all other bonds that they may issue in the City of Fitzgerald for said purposes from time to time. For carrying into effect the provisions of this Section, said Water, Light, and Bond Commission is hereby given authority to negotiate loans, if necessary, through the mayor and council, or directly on behalf of the City of Fitzgerald, and all other profits arising from the operation of said water and light plant and also all other public works under the control of said commission shall be paid monthly into the city treasury of Fitzgerald. It shall be the duty of the city council to supply said Water, Light, and Bond Commission with funds, if necessary, to carry into effect the provisions of this Section. Any guardian or trustee, in his discretion, may invest any funds of his ward or cestui que trust in his hands in the bonds of the said City of Fitzgerald in the same manner and to the same extent as such funds may be invested in bonds, stocks, and other securities of the State of Georgia. It shall be the duty of said Water, Light, and Bond Commission to make monthly itemized reports to the mayor and city council showing the receipts and disbursements on account of the water, light, and sewerage systems of said city. Said commission shall file with said city council, or their clerks, all originals of bills and all receipts, which shall be filed with the clerk of said city council by the first day of each and every month, to remain on file for a period of ten days thereafter. It shall be the duty of the members of the said commission to appear before the mayor and council whenever called upon for the purpose of being examined with reference to any matter affecting the Water, Light, and Bond Commission and their actings and doings. It is hereby made their duty to expend for the operation, maintenance, and extension of such systems all of the funds in their hands for said purposes before calling on the mayor and council. The said mayor and council are given the power and authority to have an independent investigation made of all the actings and doings of said Water,

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Light, and Bond Commission and of their employees at the expense of the City of Fitzgerald. They are hereby authorized to have the machinery and workings of said plants independently investigated by competent authority and recommend to said Water, Light, and Bond Commission any change made therein which, in their judgment, would be to the best interest of the city, the expense of making which shall be borne by the Water, Light, and Bond Commission if said commission, upon such recommendation, makes such changes. (c) All vacancies occurring in the office of such commission shall be filled by popular election especially called for that purpose. The term of office of such commissioners shall be three years and until their successors are elected and qualified. The terms shall begin on the first day of January next following their election. (d) The position of the at-large member of said commission whose term expired in 1978 is hereby abolished. The position of the at-large member of said commission whose term expires in 1980 is hereby abolished effective as of the expiration of the present term. (e) At the general election which will be held on the third Tuesday in November, 1981, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the second ward and who shall be elected by a majority of the registered and qualified voters who reside in the eastern district. (f) At the next general election which will be held on the third Tuesday in November, 1981, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the fourth ward and who shall be elected by a majority of the registered and qualified voters who reside in the western district. (g) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the third ward and who shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district.

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(h) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every three years thereafter, there shall be elected a member of said commission from the city at large from candidates who reside within the City of Fitzgerald, Georgia, and the candidate receiving the largest number of votes shall be elected. (i) At the general election which will be held on the third Tuesday in November, 1980, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the first ward and who shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (j) Definitions: (1) As used in this Section, the term `eastern district' is hereby defined to be that portion of the City of Fitzgerald which includes the second and third wards. (2) As used in this Section, the term `western district' is hereby defined to be that portion of the City of Fitzgerald which includes the first and fourth wards. (k) Members of the Water, Light, and Bond Commission of the City of Fitzgerald shall be required to be registered voters in the City of Fitzgerald and be at least twenty-one years of age at the time that they take their oath of office. (l) Nothing in this Section shall affect in any manner the term of office of any commissioners presently serving on the Water, Light, and Bond Commission of the City of Fitzgerald. (m) The said Water, Light, and Bond Commission shall have the right, power, and authority to establish, operate, and maintain a system for the distribution of gas, either natural, manufactured, or liquefied petroleum, for domestic, commercial, and industrial use and to establish, maintain, and operate distribution systems, either through mains and pipes or by means of tanks served by trucks, for the sale and distribution of such gas within and outside of the city limits of the City of Fitzgerald. The commission shall have the same rights, powers, and authority in the installation, maintenance,

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extension, and operation of any such system for the sale and distribution of gases as are conferred upon said commission for the construction, maintenance, and operation of the said water, light, and sewerage systems of said city. (n) The members of the Water, Light, and Bond Commission shall receive for their services $100.00 per month. Section 3. Said Act is further amended by striking Section 94 of said Act in its entirety and substituting in lieu thereof a new Section 94 to read as follows: Section 94. Establishment of school districts; organization of board of education; qualifications; elections; terms of members; and filling vacancies in membership. Be it further enacted by the authority aforesaid that the territory included within the corporate limits of the City of Fitzgerald shall be and is hereby continued as an independent school district and that, effective as of and from and after the effective date of this Section, there shall be a board of education for said City of Fitzgerald consisting of seven members, three of which are to be elected from the city at large and four members of which are to be elected from the wards of said city, one from each ward, who shall have the power and authority now vested, and which may hereafter be vested, in the board of education of said city and who shall be elected and hold office as hereinafter provided. All of the members of said board of education shall have the same qualifications as are required for the members of the city council, and with such additional qualifications as are prescribed herein. The members of said board shall be elected as hereinafter prescribed. (a) Effective as of the expiration of the term of office of the present chairman of the board of education or the occurrence of a vacancy in the position as chairman from death, resignation, or otherwise, whichever first occurs, the position of an elected chairman of said board of education is hereby abolished, and thereafter the chairman of the said board of education shall be elected by the board by a majority vote of its members for a term of one year. (b) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every four years thereafter, there shall be elected two members of the board of

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education from the city at large from candidates who reside within the City of Fitzgerald, Georgia, and the two candidates receiving the largest number of votes shall be elected. (c) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every four years thereafter, there shall be elected a member of the said board of education who shall be required to be a resident of the second ward and who shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (d) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every four years thereafter, there shall be elected a member of said board of education who shall be required to be a resident of the fourth ward and who shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (e) At the general election which will be held on the third Tuesday in November, 1981, and at such general elections every four years thereafter, there shall be elected a member of said board of education who shall be required to be a resident of the first ward and who shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (f) At the general election which will be held on the third Tuesday in November, 1981, and at such general elections every four years thereafter, there shall be elected a member of said board of education who shall be required to be a resident of the third ward and who shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (g) At the general election which will be held on the third Tuesday in November, 1981, and at such general elections every four years thereafter, there shall be elected one member of said board of education from the city at large from candidates who reside within the City of Fitzgerald, and the candidate receiving the largest number of votes shall be elected. (h) Definitions:

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(1) As used in this Section, the term `eastern district' is hereby defined to be that portion of the City of Fitzgerald which includes the second and third wards. (2) As used in this Section, the term `western district' is hereby defined to be that portion of the City of Fitzgerald which includes the first and fourth wards. (i) Members of the board of education of the City of Fitzgerald shall be required to be registered voters in the City of Fitzgerald and be at least twenty-one years of age at the time they take their oath of office. (j) Nothing in this Section shall affect in any manner the term of office of any member presently serving on the board of education of the City of Fitzgerald. (k) In the event any vacancy or vacancies, whether arising from death, resignation, or otherwise, occur in the membership of the said board of education of said city, the mayor and council of said city shall elect a successor to fill any such vacancy or vacancies for the remainder of the calendar year in which such vacancy or vacancies occur and, at the next succeeding general election for members of the city council after such vacancy occurs, a successor shall be elected to fill the remainder of the unexpired term; provided, however, that if any such vacancy occurs subsequent to the thirtieth day of October in any year, the successor so elected by the mayor and council shall hold office for the remaining portion of the year in which such vacancy occurred. In the event the unexpired term in which said vacancy occurred extends beyond a year during which such vacancy occurred, the successor so elected shall also hold such office for the next succeeding year, and at the general election in the next succeeding year a successor shall be elected to fill the remainder of the unexpired term in which the vacancy occurred. However, notwithstanding any other provision of this subsection (k) or any provision of subsection (j) of this Section 94, should any vacancy arise, whether from death, resignation, or otherwise, prior to the end of the term of office of any person presently serving as a member of said board of education, then at such general election at which a successor may be elected to fill the remainder of the unexpired term, the procedure prescribed in subsections (b), (c), (d), (e), (f), or (g), as the case may be, shall be followed to determine

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which voters may elect such member and to determine whether a majority or a mere plurality of the vote is required to elect such member. Section 4. The general election which was conducted by the City of Fitzgerald, Georgia, on the third Tuesday in November, 1978, and the results thereof, are hereby ratified and confirmed, and the persons elected to office at such election are hereby declared to be lawfully elected, and nothing herein shall be construed to affect in any manner the result of said election or the term of office of any such person. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. In conformity and compliance of provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia, and which is codified as Section 2-1915 of the Code of Georgia Annotated, notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at is regular session convening in January, 1979, a local or special bill affecting the City of Fitzgerald, the title or caption of which reads as follows:

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An act to amend an act amending and revising the charter for the City of Fitzgerald and entitled. `An Act be amend an act to incorporate the City of Fitzgerald and establishing a new charter therefor, approved August 22, 1907, and the several acts amendatory thereof, and for other purposes. This 8th day of January, 1979. Gerald H. Thompson Mayor, City of Fitzgerald Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul S. Branch Jr. who, on oath, deposes and says that he/she is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Fitzgerald Herald and Leader which is the official organ of Ben Hill County, on the following dates: January 11, 18, 25, 1979. /s/ Paul S. Branch, Jr. Representative, 137th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF BRUNSWICKLIENS. No. 393 (House Bill No. 968). AN ACT To amend an Act providing a charter for the City of Brunswick, approved November 12, 1889 (Ga. Laws 1889, p. 1010), as amended, particularly by an Act approved August 11, 1920 (Ga. Laws 1920, p. 757), so as to authorize the Commission of the City of Brunswick to provide by ordinance for the creation of certain liens; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a charter for the City of Brunswick, approved November 12, 1889 (Ga. Laws 1889, p. 1010), as amended, particularly by an Act approved August 11, 1920 (Ga. Laws 1920, p. 757), is hereby amended by adding immediately following Section 18 of the amendatory Act, approved August 11, 1920 (Ga. Laws 1920, p. 757), a new Section to be designated Section 18A and to read as follows: Section 18A. In addition to any powers heretofore possessed by the Commission of the City of Brunswick, said Commission may provide by ordinance that any charges made by the City of Brunswick for furnishing water and sewer services and services related thereto, including connection fees, meter installation fees, tapping fees, and charges for every kind of service necessary or incidental to the furnishing of water and sewer services, shall constitute a lien against the real property to which such services are furnished, whether such real property is located within or without the corporate limits of said city. Said ordinance or ordinances adopted pursuant to this Section may provide for any matters reasonably necessary to fully implement and carry out the powers herein granted, including, but not limited to, provisions for the foreclosure of liens created by or pursuant to such ordinance or ordinances. 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 1979 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Brunswick, Ga. Laws, 1889, p. 1010, as amended, so as to provide for a lien in favor of the City of Brunswick against real property to which the City provides water, sewer or related services, including connection and tap-in services, and whether or not such real property lies within or outside the corporate limits of the City, to set forth the procedure for making claim of lien and public recordation thereof in cases where fees due to the City for such services are delinquent, to provide for the enforcement of such liens by in rem proceeding directly against real property subject to lien, to repeal conflicting laws, to provide an effective date, and for other purposes. This 4th day of January, 1979. /s/ J. E. Hulse, Jr. City Manager City of Brunswick, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Tuten, Jr. who, on oath, deposes and says that he/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 6, 13, 20, 1979. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CITY OF BRUNSWICKPOLICE COURT. No. 394 (House Bill No. 969). AN ACT To amend an Act providing a charter for the City of Brunswick, approved November 12, 1889 (Ga. Laws 1889, p. 1010), as amended, particularly by an Act approved August 11, 1920 (Ga. Laws 1920, p. 757), so as to change the provisions setting forth the time and place for holding sessions of the Police Court; to provide for the punishment of persons convicted in said court for offenses over which said court has jurisdiction; to change the provisions relating to contempt of court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a charter for the City of Brunswick, approved November 12, 1889 (Ga. Laws 1889, p. 1010), as amended, particularly by an Act approved August 11, 1920 (Ga. Laws 1920, p. 757), is hereby amended by striking from Section 22 of said amendatory Act approved August 11, 1920 (Ga. Laws 1920, p. 757), the following: At least three sessions of the Police Court shall be held each week and as much oftener as the Recorder or Acting Recorder may see fit., and inserting in lieu thereof the following: Sessions of the Police Court shall be held at least one day each week and at such other times as may be necessary, to be determined by the Recorder, and shall convene at such hour as he may designate. Section 2. Said Act providing a charter for the City of Brunswick, approved November 12, 1889 (Ga. Laws 1889, p. 1010), as amended, is hereby amended by striking Section 16 thereof in its entirety and substituting in lieu thereof the following:

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Section 16. The Recorder of the Police Court of the City of Brunswick shall be authorized to punish any person convicted in said court for a violation of any law or ordinance of said city by imposing for each offense a sentence of imprisonment in jail not to exceed ninety days, a fine not to exceed five hundred dollars, or both. Section 3. Said Act providing a charter for the City of Brunswick, approved November 12, 1889 (Ga. Laws 1889, p. 1010), as amended, is further amended by striking from Section 17 the following: There shall be no certiorari from a fine or commitment for contempt, but such fine for contempt shall not exceed five dollars or imprisonment for contempt not exceeding five days, and inserting in lieu thereof the following: The Recorder of the Police Court of the City of Brunswick shall be authorized to punish any person adjudicated to be in contempt of said court by a fine not to exceed one hundred dollars, by committing such person to jail not exceeding ten days, or both. 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 1979 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Brunswick, Ga. Laws, 1889, p. 1010, as amended, particularly as amended by an Act of 1920, Ga. Laws

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1920, p. 757, so as to change the provisions of said Charter setting forth the time and place for holding session of the police court, to provide for the punishment of persons convicted in said Court for offenses against the law or held in contempt of Court, to repeal conflicting laws, to provide an effective date, and for other purposes. This 4th day of January, 1979. /s/ J. E. Hulse, Jr. City Manager City of Brunswick, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Tuten, Jr. who, on oath, deposes and says that he/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 6, 13, 20, 1979. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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GWINNETT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 395 (House Bill No. 970). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. Laws 1956, p. 2502), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2640), so as to change the provisions relative to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. Laws 1956, p. 2502), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2640), is hereby amended by striking Section 4 which reads as follows: Section 4. The tax commissioner shall receive a base salary of $20,000 per annum, to be paid in equal monthly installments from the funds of Gwinnett County. In addition to said base salary, the tax commissioner shall also receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year served in office by such tax commissioner after January 1, 1977; provided that the total compensation of such tax commissioner shall not exceed $24,000. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected.,

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and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The tax commissioner shall receive a base salary of $24,000 per annum, to be paid in equal monthly installments from the funds of Gwinnett County. In addition to said base salary, the tax commissioner shall also receive a longevity increase in the amount of three percent of the total of said base annual salary plus any longevity increase payable during the immediately preceding year. Such longevity increase shall be payable for each complete year served in office by such tax commissioner after January 1, 1981; provided that the total compensation of such tax commissioner shall not exceed $30,000. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Section 2. This Act shall become effective on January 1, 1981. Section 3. All laws and parts of laws 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 1979 session of the General Assembly of the State of Georgia a bill

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establishing compensation for certain elected officials and constitutional offices of Gwinnett County, providing a method for salary adjustments and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin 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 Home Weekly which is the official organ of Gwinnett County, on the following dates: February 7, 14, 21, 1979. /s/ Charles Martin Representative, 60th District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. GWINNETT COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 396 (House Bill No. 971). 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), and an Act

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approved March 13, 1978 (Ga. Laws 1978, p. 3613), so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court of said county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3613), is hereby amended by striking Section 2 which reads as follows: Section 2. (a) The Sheriff of Gwinnett County shall receive a base salary $20,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. In addition to said base salary, the sheriff shall also receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year in office served by such sheriff after January 1, 1977; provided that the total compensation of the sheriff under this subsection shall not exceed $24,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. (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

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clerk of the superior court under this subsection shall not exceed $24,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. (c) The Judge of the Probate Court of Gwinnett County shall receive a base salary of $20,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. In addition to said base salary, the judge of the probate court shall also receive a longevity increase in the amount of three percent (3%) of said base annual salary for each complete year in office served by such judge after January 1, 1977; provided that the total compensation of the judge of the probate court under this subsection shall not exceed $24,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The Sheriff of Gwinnett County shall receive a base salary of $24,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. In addition to said base salary, the sheriff shall also receive a longevity increase in the amount of three percent of the total of said base annual salary plus any longevity increase payable during the immediately preceding year. Such longevity increase shall be payable for each complete year served in office by such sheriff after January 1, 1981; provided that the total compensation of the sheriff under this subsection shall not exceed $30,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. (b) The Clerk of the Superior Court of Gwinnett County shall receive a base salary of $24,000.00 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 of the total of said base annual salary plus any longevity increase payable during the immediately preceding year. Such longevity increase shall be payable for each complete year served in office by such clerk of the superior court after January

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1, 1981; provided that the total compensation of the clerk of the superior court under this subsection shall not exceed $30,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. (c) The Judge of the Probate Court of Gwinnett County shall receive a base salary of $24,000.00 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 judge of the probate court shall also receive a longevity increase in the amount of three percent of the total of said base annual salary plus any longevity increase payable during the immediately preceding year. Such longevity increase shall be payable for each complete year served in office by such judge of the probate court after January 1, 1981; provided that the total compensation of the judge of the probate court under this subsection shall not exceed $30,000.00 per annum. Such longevity increases shall be calculated and shall become effective at the end of each such year served in office. Section 2. This Act shall become effective on January 1, 1981. Section 3. All laws and parts of laws 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 1979 session of the General Assembly of the State of Georgia a bill establishing compensation for certain elected officials and constitutional

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officers of Gwinnett County providing a method for salary adjustments and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin 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 Home Weekly which is the official organ of Gwinnett County, on the following dates: February 7, 14, 21, 1979. /s/ Charles Martin Representative, 60th District Sworn to and subscribed before me, this 28th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. WALKER COUNTYCOMMISSIONER'S COMPENSATION. No. 397 (House Bill No. 973). AN ACT To amend an Act creating the office of Commissioner of Walker County, approved February 10, 1939 (Ga. Laws 1939, p. 751), as

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amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4344), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Walker County, approved February 10, 1939 (Ga. Laws 1939, p. 751), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4344), is hereby amended by striking from Section 9 the following: twenty thousand dollars ($20,000.00), and inserting in lieu thereof the following: $25,600.00, so that when so amended Section 9 shall read as follows: Section 9. The compensation of the Commissioner of Walker County shall be $25,600.00 per annum, to be paid monthly out of the county depository or treasury. Said commissioner shall give his full time to the discharge of his duties as such. The commissioner is hereby authorized to purchase an automobile from the funds of Walker County, which he shall use in the discharge of the official duties of his office. The expenses of the operation of such automobile shall be paid from the funds of the county. The commissioner shall continue to receive the expense allowance provided for in Section 10 of this Act. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Commissioner of Roads and Revenue of Walker County, Georgia, approved February 10, 1939 (Ga. Laws 1939, p. 751. et seq.), as amended, so as to increase the salary and compensation of the Commissioner; and for other purposes. This 1st day of February, 1979. Norman S. Fletcher Attorney for Walker County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/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 7, 14, 21, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TOWN OF AUSTELLCORPORATE LIMITS. No. 398 (House Bill No. 974). AN ACT To amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, approved August 17, 1929 (Ga. Laws 1929, p. 862), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, approved August 17, 1929 (Ga. Laws 1929, p. 862), as amended, is hereby amended by adding following Section U, a new Section V to read as follows: Section V. On and after the effective date of this Act, the corporate limits of the City of Austell shall include and embrace the following tracts of land: TRACT 1 ALL that tract or parcel of land lying and being in Land Lot 1281 and 1282 of the 19th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin at the intersection of the Northeasterly side of U. S. Highway 278's 80 foot right-of-way and the Southeasterly side of Stovall Drive's 40 foot right-of-way and running thence North 69 degrees 38 minutes East along Stovall Road's right-of-way 858 feet to an iron pin; running thence Northeasterly along an arc (who's chord runs North 42 degrees 31 minutes 16 seconds East 89.5 feet) for a distance of 95.3 feet to an iron pin in the center of a ditch on the Easterly side Stovall Drive's right-of-way; running thence North 72 degrees 32 minutes 0 seconds East along said ditch and fence line 435 feet to the center line of Sweetwater Creek; running thence Southwesterly

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and following the centerline of Sweetwater Creek 550 feet more or less to a point; running thence South 89 degrees 38 minutes West along the existing city limits of the City of Austell 985 feet more or less to an iron pin on the Northeasterly side of the right-of-way of U. S. Highway 278; running thence North 22 degrees 17 minutes 36 seconds West along said right-of-way 378.72 feet to the iron pin at the point of beginning. TRACT 2 ALL that tract or parcel of land lying and being in Land Lot 1289 of the 19th District, 2nd Section, Cobb County, Georgia and being Lots 10, 11, 12, 15, 16, 17 and 18 of the McDaniel Addition to Harris Heights and being more particularly described as follows: BEGINNING at an iron pin at the intersection of the South side of Mobley Street and the East side of June Drive and running thence East along the south side of Mobley Street and the North side of Lots 15, 16, 17 and 18 a distance of 418 feet to an iron pin and corner; running thence South along the East side of Lot 18 a distance of 150 feet to an iron pin at the common corner of lots 10, 11, 18 and 19; running thence East along the North line of Lot 10 a distance of 104.5 feet to a point and corner; running thence South parallel to the West line of Lot 10 a distance of 209 feet to an iron pin and corner on the north side of Sylvia Street; running thence West along Slyvia Streets right-of-way and along the south line of Lots 10, 11 and 12 for a distance of 313.5 feet to an iron pin and corner; running thence North along the west line of Lot 12 for a distance of 209 feet to an iron pin at the common corner of Lots 12, 13, 16 and 17; running thence West along the south line of Lots 16 and 15 for a distance of 209 feet to an iron pin on the east side of June Drive; running thence North along the east side of June Drive for a distance of 150 feet to the iron pin at the point of beginning. TRACT 3 Beginning at the northwest corner of Mae Alexander's property on the south side of Washington Street, thence running west along Washington Street 105 feet, thence south 210 feet to the north side of Southern Railroad, thence east along the north side

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of Southern Railroad 105 feet to the southwest corner of Mae Alexander's property, thence north 210 feet to the southside of Washington Street to the point of beginning the above tract or parcel of land containing one-half acre, more or less. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Austell, Georgia (Ga. L. 1929, p. 862, et. seq.) as heretofore amended; and for other purposes. This 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 5, 12, 19, 1979. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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COBB COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 399 (House Bill No. 975). AN ACT To amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), so as to change the compensation of the Judge of the Probate Court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. 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 2 the following: The salary of the Judge of the Probate Court of Cobb County shall be $25,000.00, to be paid in equal monthly installments from the funds of Cobb County. Section 2. Said Act is further amended by inserting, following Section 2, a new Section 2A, to read as follows:

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Section 2A. The salary of the Judge of the Probate Court of Cobb County shall be $26,750.00 per annum until April 1, 1980, and the salary of the Judge of the Probate Court of Cobb County shall be $28,500.00 per annum effective April 1, 1980, and thereafter. Such salary shall be paid in equal monthly installments from the funds of Cobb County. Section 3. This Act shall become effective April 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 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 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 5, 12, 19, 1979. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF CHATHAM COUNTYPRACTICE AND PROCEDURE, ETC. No. 400 (House Bill No. 978). AN ACT To amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. Laws 1819, p. 16), as amended, particularly by an Act approved October 17, 1879 (Ga. Laws 1879, p. 333), by an Act approved September 15, 1881 (Ga. Laws 1880-81, p. 571), by an Act approved August 17, 1883 (Ga. Laws 1882-83, p. 526), by an Act approved August 15, 1927 (Ga. Laws 1927, p. 452), by an Act approved August 14, 1929 (Ga. Laws 1929, p. 468), by an Act approved February 22, 1933 (Ga. Laws 1933, p. 353), by an Act approved February 9, 1949 (Ga. Laws 1949, p. 403), by an Act approved March 7, 1960 (Ga. Laws 1960, p. 2332), by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3537), by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2909), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3538), so as to change certain provisions relating to costs and deposits against costs in the State Court of Chatham County; to provide for the compensation of any judge of the State court of such county; to provide for salaries of the clerk and sheriff of State court; to provide for certain matters pertaining to jury trials and findings; 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 the State Court of Chatham County, approved December 18, 1819 (Ga. Laws 1819, p. 16), as amended, particularly by an Act approved October 17, 1879 (Ga. Laws 1879, p. 333), by an Act approved September 15, 1881 (Ga. Laws 1880-81, p. 571), by an Act approved August 17, 1883 (Ga. Laws 1882-83,

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p. 526), by an Act approved August 15, 1927 (Ga. Laws 1927, p. 452), by an Act approved August 14, 1929 (Ga. Laws 1929, p. 468), by an Act approved February 22, 1933 (Ga. Laws 1933, p. 353), by an Act approved February 9, 1949 (Ga. Laws 1949, p. 403), by an Act approved March 7, 1960 (Ga. Laws 1960, p. 2332), by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3537), by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2909), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3538), is hereby amended by striking from said 1960 amendatory Act, as amended by said 1977 amendatory Act, Section 3, and inserting in lieu thereof a new Section 3, to read as follows: Section 3. Be it further enacted by the authority aforesaid, that from and after the passage and approval of this Act that on and after the bringing of a civil suit in the State Court of Chatham County, it shall be lawful for the Clerk of the State Court of Chatham County to demand and receive from the plaintiff in said suit a deposit of $18 to cover the usual and ordinary court costs except in cases where the amount in controversy does not exceed $500. If the amount in controversy is greater than $100 but not more than $500, then the deposit costs in said State court shall be $3. If the amount in controversy is not greater than $100 then the deposit costs in said State court shall be $2. Until such deposits are made the clerk shall not be obliged to docket the case or to do any other act connected with such suit except marking the same as filed with the date of filing. If the plaintiff be cast in such suit or if the suit be withdrawn or dismissed and there is a surplus of such deposit after the payment of the legal court costs, such surplus to be returned to the plaintiff; and if the defendant be cast, the clerk of said court may immediately issue execution against such defendant for all costs and upon collection thereof shall return to the plaintiff the amount of costs so deposited by him or upon a return of nulla bona upon such execution, the said clerk shall apply the deposit to the cost and if there be a surplus the same shall be returned to the plaintiff. Section 2. Said Act is further amended by striking in their entirety Sections 2 and 3 of said amendatory Act, approved February 9, 1949 (Ga. Laws 1949, p. 403), as amended, particularly by said Act approved March 5, 1976 (Ga. Laws 1976, p. 2909), and inserting in lieu thereof new Section 2 and 3 to read as follows:

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Section 2. The salary of the clerk of the State Court of Chatham County shall be fixed by the county commissioners of Chatham County but shall not be less than $19,500.00 per year. The minimum salary provided herein shall be increased by two and one-half percent of the minimum base salary provided herein on January 1 of each year, beginning on January 1, 1980. Section 3. The salary of the sheriff of the State Court of Chatham County shall not be less than $24,500.00 per year. The minimum salary provided herein shall be increased by two and onehalf percent of the minimum base salary provided herein on January 1 of each year, beginning on January 1, 1980. Section 3. Said Act is further amended by adding following Section 17A a new Section 17B to read as follows: Section 17B. (a) Any other provision of this Act to the contrary notwithstanding, in all cases where the amount in controversy is under $5,000.00 a jury trial is waived unless requested in writing by one of the parties. (b) In any trial without a jury where the amount in controversy is less than $5,000.00, the court is not required to make written findings of fact or conclusions of law. Section 4. Effective May 1, 1979, the salary of any judge of the State Court of Chatham County shall be $36,000.00 per annum. Said salary shall be paid in equal monthly installments from the funds of Chatham County. Section 5. This Act shall become effective on July 1, 1979. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Chatham County approved December 18, 1819 (Ga. L. 1819, P. 16), as amended, so as to change the provisions relating to the compensation of the clerk, and the sheriff of said Court, to amend the filing fee schedule for said court, and for other purposes. This 20th day of January, 1979. Bobby Hill Representative, 127th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Hill who, on oath, deposes and says that he/she is Representative from the 127th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: February 5, 12, 19, 1979. /s/ Bobby Hill Representative, 127th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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STATE COURT OF COBB COUNTYMAGISTRATES' SALARIES. No. 401 (House Bill No. 979). 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 17, 1978 (Ga. Laws 1978, p. 4096), so as to change the compensation of the magistrates; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4096), is hereby amended by striking from subsection (a) of Section 3 of said Act the following: $18,000, and inserting in lieu thereof the following: $19,260, so that when so amended subsection (a) of Section 3 of said Act shall read as follows: (a) The two magistrates shall be elected by the electors of Cobb County. Each magistrate shall receive an annual salary of $19,260 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. Section 2. This Act shall become effective January 1, 1980.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 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 28th, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 5 day of Jan., 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Copper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson 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: January 5, 12, 19, 1979 /s/ Johnny Isakson Representative, 20th District

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Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. LUMPKIN COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT AND CLERK OF SUPERIOR COURT. No. 403 (House Bill No. 981). AN ACT To amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3851), as amended, so as to change the compensation of the clerk of the superior court and the judge of the probate court; to change the compensation of such officers' employees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3851), as amended, is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The Clerk of the Superior Court of Lumpkin County shall receive an annual salary of not less than $14,000.00, payable in equal monthly installments from the funds of Lumpkin County.

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(b) The salary provided in subsection (a) of this Section shall be increased by five percent for each four-year term of office served by the clerk, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the clerk presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the clerk for any calendar year shall not exceed $18,000.00. Section 2 . Said Act is further amended by striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The Judge of the Probate Court of Lumpkin County shall receive an annual salary of not less than $14,000.00, payable in equal monthly installments from the funds of Lumpkin County. (b) The salary provided in subsection (a) of this Section shall be increased by five percent for each four-year term of office served by the judge, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the judge presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the judge for any calendar year shall not exceed $18,000.00. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court and Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3851), as amended; and for other purposes. This 15th day of January, 1979. Thomas W. Dalton Local Sponsor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dahlonega Nugget which is the official organ of Lumpkin County, on the following dates: January 19, 26, 1979 and February 2, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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LUMPKIN COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 404 (House Bill No. 982). AN ACT To amend an Act creating the Office of Commissioner of Lumpkin County, approved March 7, 1955 (Ga. Laws 1955, p. 2892), as amended, so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Office of Commissioner of Lumpkin County, approved March 7, 1955 (Ga. Laws 1955, p. 2892), as amended, is hereby amended by striking in its entirety Section 9 and substituting in lieu thereof a new Section 9 to read as follows: Section 9. (a) As the chief executive and fiscal officer of said County of Lumpkin, the commissioner shall devote his full time to the business and interest of said county; and, for the performance of such duties, the commissioner shall receive an annual salary of not less than $16,000.00, payable in equal monthly installments from the funds of Lumpkin County. (b) The salary provided in subsection (a) of this Section shall be increased by five percent for each four-year term of office served by the commissioner, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the commissioner presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the commissioner for any calendar year shall not exceed $21,000.00. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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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 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Lumpkin County, approved March 7, 1955 (Ga. Laws 1955, p. 2892), as amended; and for other purposes. This 15th day of January, 1979. Thomas W. Dalton Local Sponsor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dahlonega Nugget which is the official organ of Lumpkin County, on the following dates: January 19, 26, 1979 and February 2, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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LUMPKIN COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 405 (House Bill No. 983). AN ACT To amend an Act placing the Tax Commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3854), as amended, so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Tax Commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3854), as amended, is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The tax commissioner shall receive an annual salary of not less than $14,000.00, payable in equal monthly installments from the funds of Lumpkin County. (b) The salary provided in subsection (a) of this Section shall be increased by five percent for each four-year term of office served by the tax commissioner, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of the tax commissioner presently in office shall be counted for determining the appropriate salary under this Section. Provided, however, that the maximum salary received by the tax commissioner for any calendar year shall not exceed $18,000.00. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Tax Commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. Laws 1972, p. 3854), as amended; and for other purposes. This 15th day of January, 1979. Thomas W. Dalton Local Sponsor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dahlonega Nugget which is the official organ of Lumpkin County, on the following dates: January 19, 26, 1979 and February 2, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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CHEHAW PARK AUTHORITY CREATED. No. 406 (House Bill No. 991). AN ACT To create the Chehaw Park 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 the members; to authorize the Authority, subject to the conditions and limitations herein contained, to operate and manage Chehaw Park located in Lee and Dougherty counties, Georgia, and in connection therewith, to acquire, construct, improve, alter, repair and maintain improvements located thereon, equipment and land and to acquire, maintain, and dispose of wild animals; to impose duties and responsibilities on the Authority; to authorize the Authority to execute leases and contracts with the State of Georgia, or any departments, institutions, or agencies thereof, 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 by the issuance of revenue bonds of the Authority and to provide for the collection of revenues, rents and earnings by the Authority for the amortization and payment of such revenue bonds or other debts incurred by said Authority or other funds for such purposes; to authorize the execution of contracts, trust indentures, deeds to secure debt, and the encumbrancing of the Authority's property to secure the payment of bonds, debts or other evidence of indebtedness; to provide rights for the holders of bonds or other debts of the Authority; to provide that the debts of the Authority shall not constitute debts of the State or of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon and all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of bonds of the Authority and the security therefor; to provide for the severability of the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Creation of Authority. There is hereby created a public body corporate and politic to be known as Chehaw Park 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 project means any undertaking of the Authority in connection with the development, redevelopment, improvement, extension, repair, maintenance, or operation of Chehaw Park, located in Lee and Dougherty counties, and shall be deemed to mean and include, but not limited to, the acquisition, construction, equipping, maintaining, and operation of Chehaw Park, including all facilities useful or desirable in connection with the same, and the acquisition of necessary property therefor, both real and personal, including, but not limited to, wild animals, all of which accomplish the essential public purpose for which the Authority is created hereunder. (c) The term park shall mean Chehaw Park located in Lee and Dougherty counties, Georgia, as presently constituted, or as the same may hereafter be extended, altered, diminished or enlarged. (d) 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 for title thereto and leases thereof, the cost of preparing the land, including the construction of all facilities and utilities necessary for the operation of the park, the cost of all wild animals acquired for the park, the cost of all machinery, equipment and furnishings related to any project or projects, financing charges, interest prior to and during construction and for six (6) 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

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expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the cost of the project or projects and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under the provisions of this Act for such project or projects. Section 3. Purposes of the 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 are 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 construction, operation, maintenance and expansion of the park 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 park, including the construction of facilities, the acquisition of animals, 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 said facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development, revitalization, modernization, and operation thereof. (b) It is further found, determined, and declared that all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare in matters of cultural development, education, pleasure, convenience and recreation of the public at large, in an effort to better the general condition of society, or that considerable part of society residing in Lee and Dougherty counties, Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes.

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Section 4. Composition and Organization of Authority. (a) The Authority shall consist of five (5) members who shall be eligible to succeed themselves and whose terms of office shall be as herein stated, and until their successors have been appointed and have accepted. (b) One (1) member of the Authority shall be appointed by the Board of Commissioners of the City of Albany from its own membership to serve as a member of the Authority concurrently with his or her term of office as Commissioner. One (1) member of the Authority shall be appointed by said Board of Commissioners from nominees submitted by Chehaw Wildlife Society, Inc., or its successor, to serve for a term of two (2) years and until his or her successor is appointed and has accepted. Three (3) members at large shall be appointed by the Board of Commissioners to serve initially for a term of one (1) year, and thereafter to serve for a term of two (2) years or until their successors have been appointed and have accepted. The Mayor of the City of Albany shall be an ex-officio member of the Authority, without a vote. All vacancies as the result of the expiration of the term of said members, or when their office is otherwise vacated, shall be filled by the Board of Commissioners of the City of Albany. In the event Chehaw Wildlife Society, Inc., shall cease to exist, leaving no successor, the member appointed from its nominees shall thereafter be appointed in the same manner as the at-large members. (c) The members of the Authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The Authority shall meet at such times and places as it shall determine, but in any event, the Authority shall meet not less often than one time each calendar month. (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 in the Authority. (e) The City Manager of the City of Albany shall be the Executive Director of the Authority, and as such shall be responsible for the administration and execution of the policies of the Authority. As Executive Director, the City Manager shall have the same duties, powers, authority and responsibilities with respect to the Authority

Page 4519

as he has as City Manager with respect to the City of Albany. The City Manager shall not be a member of the Authority. (f) Three (3) voting 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 incur debt and to authorize and issue revenue bonds. (g) The members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. Each member of the Authority shall hold office until a successor shall have been appointed. The Authority shall make rules and regulations for its own government and may retain, employ and engage professional and technical supervisors, assistants, and experts and other agents and employees, temporary or permanent, as it may require. The members of the Authority shall be accountable in all respects as trustees, and the Authority shall keep suitable books and records of all its obligations, contracts, transactions and undertakings, and of all income and receipts of every nature and all expenditures of every kind. Section 5. Powers of the Authority. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions set forth in this Act, including, but without limiting the generality of the foregoing, the power: (a) To sue and be sued; (b) To adopt a corporate seal; (c) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with private legal entities and others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty

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

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(d) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (e) To accept loans and/or grants of money or materials or property of any kind from the United States of America, the State of Georgia, or any agency, instrumentality or political subdivision thereof, upon such terms and conditions as the United States of America, the State of Georgia, or such agency, instrumentality, or political subdivision may require; (f) To receive and administer gifts, grants, and devises of any property and to administer trusts; (g) To acquire by purchase, gift or donation any real or personal property desired to be acquired as a part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (h) To sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (i) To mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority; (j) To issue revenue obligations for the purpose of providing funds for carrying out the purposes 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;

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(l) To acquire by purchase, gift or lease any property owned by a political subdivision which has been acquired or damaged through the exercise of the right of eminent domain by said political subdivision; (m) To construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority, or upon land owned or leased by a political subdivision, or other political body or entity, pursuant to contracts with such other subdivision, body or entity, 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 contributions, all of which the Authority is hereby authorized to receive and accept and use. The Authority and the City of Albany shall be authorized to contract with each other for the City of Albany to furnish employees to the Authority, which employees shall be subject to the control and direction of the Executive Director of the Authority, but shall be and remain City employees for all purposes, including payment of salaries and the enjoyment of all employee benefits, and shall be subject to all rules and regulations and requirements of City employees; (n) To borrow money and to issue notes or revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law of the State of Georgia (Chapter 87-8 Annotated Code of Georgia) as heretofore or hereafter amended. As security for the payment of any revenue bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and said Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia on behalf of the State and each county, municipal corporation, political subdivision and taxing district therein hereby waives any right it or such

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county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (o) To make or cause to be made studies and analyses from time to time concerning the operation of the park, and its needs; (p) To prepare a plan or plans for the development and redevelopment of the park; such plan or plans may be coordinated with governmental planning boards and agencies but the Authority shall have the ultimate responsibility for preparation of such plan or plans; (q) To implement any general plan of development in the park which has been approved by the City of Albany; (r) To have and to exercise any and all of the usual powers of private and public corporations which are not in conflict with the Constitution and the laws of the State of Georgia, including the power to adopt and amend bylaws and regulations for the conduct and management of the Authority; (s) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (t) To designate officers to sign and act for the Authority generally or in any specific manner; (u) To do any and all acts and things necessary or convenient to accomplish or to complement the purpose and powers of the Authority as herein stated. Section 6. Revenue Bonds. (a) The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized, subject to the limitation imposed in Section 5, paragraph (n) hereof, 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.

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The principal of and interest on such revenue bonds shall be payable and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such bond issue. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. (b) The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (c) All such bonds shall be executed with the engraved, imprinted, stamped, or otherwise reproduced facsimile of the signature of the Chairman of the Authority and the corporate seal of the Authority shall be thereunto impressed or a 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

Page 4525

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 be and are hereby declared to be negotiable under the laws of the State of Georgia, subject to provisions for registration. (e) The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. (f) Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. (g) The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. (h) Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified 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 the State of Georgia or any political subdivision thereof which may contract with said Authority. No contracts entered into by the Authority with any such political subdivision shall create a debt of such political subdivision of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such political subdivision may obligate itself to pay the payments required under such contracts, as herein set out, from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.

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(j) In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or of the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 7. To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.

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Section 8. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due; (3) the necessary charges of paying agents for paying principal and interest and other investment charges; and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may 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

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revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 10. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 11. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Dougherty County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 12. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of the State of Georgia, as heretofore or hereafter amended. The petition for validation shall also make a party defendant to such action any political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such political subdivision or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority.

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Section 13. Interest of Bondholders Protected. The Authority shall have existence for so long as any of the bonds issued by the Authority remain outstanding, and during such period of time 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. The Authority's existence shall terminate on December 31, 2010, unless at such time there shall be bonds outstanding; in which event the existence shall continue until said bonds are paid in full; provided, however, that in no event shall bonds of any kind be issued after December 31, 2010. Section 14. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 15. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.

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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. Section 18. Powers Declared Supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. Section 19. Severability. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Section 20. Effective Date. This Act shall be effective immediately upon approval by the Governor or upon its becoming law without his approval, without regard to the provisions of Ga. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 Session of the General Assembly of Georgia a bill to create the Chehaw Wild Animal Park Authority; to provide for powers and duties of such authority; to provide that said Authority may own and operate, or may operate under contract, Chehaw Wild Animal Park; to provide for the development of Chehaw Wild Animal Park; to provide for financing authorized undertakings by the issuance of revenue bonds and otherwise to authorize the Authority to own, operate, maintain, sell and lease property and facilities; to authorize the Authority to contract with political subdivisions and others; to authorize the Authority to sue and be sued; to borrow money and pledge its assets; to collect and disburse money; and to do all things necessary or incidental to the powers therein granted; to have all of the rights and privileges of a corporation generally; and to be a body politic and an instrumentality and public corporation of the State of Georgia; and for other purposes. James V. Davis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Albany Herald which is the official organ of Dougherty County, on the following dates: January 16, 1979, January 23, 1979 and January 30, 1979. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 5th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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GRIFFIN DEVELOPMENT AUTHORITY CREATED. No. 407 (House Bill No. 992). AN ACT To create the Griffin 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 Griffin District; to authorize the Authority to levy a tax; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds; to provide for procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in and for the City of Griffin the Griffin Development Authority, hereinafter referred to as the Authority. Section 2. (a) The Authority shall be composed of nine members to be appointed and elected as hereinafter provided. One member of the Authority shall be the Chairman of City Commissioners of the City of Griffin. 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 Development District and shall be known as the Business Owner Group. A person who both owns downtown real estate and operates a business within the Development District is entitled to vote for the representatives of both the Real Property Owner Group and the Business Owner Group. However, no individual shall hold more than one seat on the Authority. (b) All new or expired terms for members of the Authority shall be filled by persons elected in a caucus of each respective Owner's Group. Such caucuses shall be held at such time and place as the Chairman of City Commissioners of Griffin shall designate within the City of Griffin, Georgia. The caucuses of the two respective groups shall not be held at the same time because of the possibility

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of an individual being eligible to vote in both caucuses, as provided in Section 2(a). Two members of each group shall be elected for one year and the remaining two members of each group shall be elected for two years. Thereafter, all terms of office of members of the Authority shall be for two years, except for the chairman of city commissioners whose term shall coincide with his or her term as Chairman of City Commissioners of Griffin. After the initial election, terms of office for all members of the Authority, except for the chairman of city commissioners as defined in this Section shall begin and terminate on December 1 of every other year. In the event of a vacancy in the membership, the chairman of city commissioners 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. (c) In the event that 50% 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 apprised of such times and places. Section 3. There is hereby created within the City of Griffin the Development District which shall be composed of all that territory embraced within the following description: All that lot, tract or parcel of land situate lying and being in the City of Griffin, Spalding County, Georgia, more particularly described as follows: BEGINNING at the intersection of the north margin of West Poplar Street and the east margin of South Eleventh Street; thence

Page 4534

from said point of beginning in a northerly direction along the east margin of South Eleventh Street to its intersection with the north margin of West Solomon Street; thence in an easterly direction along the north margin of West Solomon Street to its intersection with the east margin of North Tenth Street; thence in a northerly direction along the east margin of North Tenth Street to its intersection with the south margin of West Broad Street; thence in an easterly direction along the south margin of West Broad Street to its intersection with the west margin of North Ninth Street; thence in a northwesterly direction to the intersection of the north margin of West Broad Street and the east margin of the `North Ninth Street railroad crossing'; thence in a northerly direction along the east margin of the `North Ninth Street railroad crossing' to its intersection with the south margin of West Broadway Street; thence in a northerly direction to the intersection of the north margin of West Broadway Street and the east margin of North Ninth Street; thence in a northerly direction along the east margin of North Ninth Street to its intersection with the south margin of West Chappell Street; thence in an easterly direction along the south margin of West Chappell Street to its intersection with the west margin of North Hill Street; thence in an easterly direction to the intersection of the south margin of East Chappell Street and the east margin of North Hill Street; thence in an easterly direction along the south margin of East Chappell Street to its intersection with the west margin of North Fifth Street; thence in a southerly direction along the west margin of North Fifth Street to its intersection with the south margin of East Broadway Street; thence in an easterly direction along the south margin of East Broadway Street to its intersection with the west margin of North Third Street; thence in a southerly direction along the west margin of Third Street to its intersection with the south margin of East Poplar Street; thence in an easterly direction along the south margin of East Poplar Street to its intersection with the east margin of South Fifth Street; thence in a southerly direction along the east margin of South Fifth Street to its intersection with the south margin of East College Street; thence in a westerly direction along the south margin of East College Street to its intersection with the west margin of South Hill Street; thence in a westerly direction along the south margin of West College Street to its intersection with the east margin of South Ninth Street; thence in a northerly direction along the east margin of South Ninth Street to its intersection with the north margin of West Poplar Street; thence in a westerly direction along the north margin of West Poplar Street

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to its intersection with the east margin of South Eleventh Street, being the point of beginning. Section 4. In the event a constitutional amendment is ratified in the general election to be held in November 1980 authorizing such taxation, the Authority shall be authorized to levy upon all property subject to taxation under the Constitution of Georgia, except such property as is exempt from taxation by the Authority pursuant to the provisions of such constitutional amendment, located within the Development District on January 1 of each year. Such tax shall not exceed 10 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 Griffin. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of Griffin. Delinquent taxes shall bear the same interest and penalties as City of Griffin ad valorem taxes. In the event that the aforesaid constitutional amendment is not ratified, this Section shall be void and of no effect whatsoever. Section 5. The Authority shall have the power: (a) to buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to, machinery, apparatus, equipment and utilities useful or desirable in connection therewith within the Development District; (b) to receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (c) to grant, loan and lease any of its funds and property to private persons and corporations for the purpose of making capital improvements or capital acquisitions to real property within the Development District which, in the judgment of the governing body of this Authority, shall be the benefit to the economic improvement and development of said district or area; (d) to borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing

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such financing and to enter into a trust indenture relative thereto; (e) to appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act; (f) to encourage and promote the economic improvement, development and rehabilitation of the Development District and to make long-range plans therefor in cooperation with the planning development of the Griffin Development Authority, City of Griffin and Spalding County; (g) to accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (h) to designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred; (i) to do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred; (j) to contract with the City of Griffin for the collection of any taxes levied by the Authority; (k) to adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; (l) to exercise all of the powers vested in the Authority by the Constitution and laws of the State of Georgia. Section 6. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Griffin within the meaning of Article IX, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, 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.

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Section 7. The Authority is hereby authorized to issue revenue bonds or obligations from time to time to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bind said governing 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 principal 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 Spalding 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. Section 8. 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 1979 Session of the General Assembly of Georgia a bill to create a Down Town Development Authority for the City of Griffin, Georgia, to repeal conflicting laws and for other purposes. This the 2nd day of February, 1979. Don Rainwater 109 South Hill Street Griffin, Georgia 30223 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler who, on oath, deposes and says that he/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: February 9, 16, 23, 1979. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 2nd day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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HANCOCK COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 408 (House Bill No. 993). AN ACT To amend an Act placing the Sheriff, Judge of the Probate Court, and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4089), so as to change the salary to be paid to the chief deputy and deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, Judge of the Probate Court, and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4089), is hereby amended by striking from subsection (c) of Section 2 thereof, the following: $8,500.00, and substituting in lieu thereof the following: $9,000.00, and by striking therefrom the following: $7,200.00, and substituting in lieu thereof the following: $8,000.00,

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so that when so amended subsection (c) of Section 2 shall read as follows: (c) The sheriff is hereby authorized to appoint a chief deputy who shall receive a salary not to exceed $9,000.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. The sheriff is hereby authorized to appoint three other deputies who shall each receive a salary not to exceed $8,000.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. Section 2. This Act shall become effective 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 1979 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, Judge of the Probate Court and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), as amended; and for other purposes. This 23rd day of January, 1979. E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce

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Local Legislation was published in The Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 25, 1979, February 1, 1979, February 8, 1979. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. STATE COURT OF GLYNN COUNTYSALARIES, ETC. No. 409 (House Bill No. 996). 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 March 27, 1972 (Ga. Laws 1972, p. 2962), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4357), so as to change the compensation of the judge, the solicitor, and the deputy clerks of said court; to provide a secretary for the judge of said court and the compensation of such secretary; 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 the State Court of Glynn County, approved March 9, 1943 (Ga. Laws 1943, p. 702), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972,

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p. 2962), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4357), is hereby amended by striking the last sentence of the first paragraph of Section 4, which reads as follows: The judge of said court shall receive a salary in the amount of $20,000.00 per annum, which shall not be diminished during his term of office, except to apply to the subsequent term, and shall be paid monthly out of the treasury of Glynn County at the said rate., and inserting in lieu thereof the following: The judge of said court shall receive a salary in the amount of $20,000.00 per annum, which shall not be diminished during his term of office, except to apply to the subsequent term, and shall be paid monthly out of the treasury of Glynn County, at the said rate; provided, that beginning July 1, 1979, the judge of said court shall receive an annual salary not to exceed sixty-five percent of the annual salary received from State funds by a superior court judge; that beginning July 1, 1980, the judge of said court shall receive an annual salary not to exceed seventy percent of the annual salary received from State funds by a superior court judge; and that beginning July 1, 1981, the judge of said court shall receive an annual salary not to exceed seventy-five percent of the annual salary received from State funds by a superior court judge; but the exact amount of the annual salary of the judge of the State Court of Glynn County shall be fixed by the governing authority of Glynn County as a percentage of the annual salary received from State funds by a superior court judge within the above limitations, which amount shall not be diminished during his term of office, and which amount shall be payable in equal monthly installments out of the treasury of Glynn County. Said judge is also authorized to employ one secretary who shall be compensated in an amount not to exceed $9,600.00 per year until June 30, 1980, and in an amount not to exceed $10,500.00 per year thereafter, which amount shall be fixed by said judge and payable in equal monthly installments out of the treasury of Glynn County. Section 2. Said Act is further amended by striking in its entirety Section 7, which reads as follows: Section 7. The said solicitor shall receive a salary in the amount of $12,000.00 per annum, which shall be paid monthly out of the treasury of the County of Glynn.,

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and inserting in lieu thereof a new Section 7, to read as follows: Section 7. The said solicitor shall receive a salary in an amount not to exceed $14,000.00 per annum, the exact amount of which shall be fixed by the governing authority of Glynn County and paid in equal monthly installments out of the treasury of Glynn County. Section 3. Said Act is further amended by striking subsection (a) of Section 11 in its entirety and inserting in lieu thereof a new subsection (a) of Section 11, to read as follows: (a) The clerk of said court shall be paid a salary in the amount of $15,500.00 per annum. The governing authority of Glynn County may increase the salary of the clerk of said court by an amount not to exceed seven percent of his annual salary of $15,500.00 at any time on and after July 1, 1979. 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 $6,000.00 nor more than $9,600.00 per annum. There shall be a chief deputy clerk and five (5) deputy clerks. The exact amount of the salary of each deputy clerk and the chief deputy clerk shall be fixed by the clerk of said court. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court. The chief deputy and other deputy clerks shall be appointed only by the clerk of said court. All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County. Section 4. This Act shall become effective July 1, 1979. 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 1979 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 appeal conflicting laws; and for other purposes. This 2nd day of January, 1979. Richard W. Littlefield, Jr. Senator, 6th District James R. Tuten Representative, 153rd District Dean Auten Representative, 154th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Tuten 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 4, 11, 18, 1979. /s/ James R. Tuten Representative, 153rd District Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4545

ALBANY STADIUM AUTHORITYNAME CHANGED TO DOUGHERTY COUNTY STADIUM AUTHORITY, ETC. No. 410 (House Bill No. 998). AN ACT To amend an Act creating the Albany Stadium Authority, approved April 9, 1963 (Ga. Laws 1963, p. 3286), as amended by an Act approved January 24, 1964 (Ga. Laws 1964, p. 2003), so as to change the name of the Authority; to change the provisions relating to the existence of the Authority; to change certain definitions; to provide that the Authority may construct one or more stadia or projects; to provide that projects may be constructed anywhere within Dougherty County; to change certain references; to change certain provisions relating to the principal sum of revenue certificates the Authority is authorized to issue; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Albany Stadium Authority, approved April 9, 1963 (Ga. Laws 1963, p. 3286), as amended by an Act approved January 24, 1964 (Ga. Laws 1964, p. 2003), is hereby amended by changing the name of said Authority from Albany Stadium Authority to Dougherty County Stadium Authority and by deleting the words Albany Stadium Authority wherever the same shall appear in said Act and substituting in lieu thereof the words Dougherty County Stadium Authority. Section 2. Said Act is further amended by striking the last sentence of Section 2 thereof, which reads as follows: The existence of said Authority shall automatically be terminated twelve months following the date upon which all revenue bonds, or revenue obligations issued by it shall have been fully paid as to principal, interest and premium, if any, or provision having been duly made therefor., and substituting in lieu thereof a new sentence to read as follows:

Page 4546

The existence of said Authority shall automatically be terminated on July 1, 2010. Section 3. Said Act is further amended by striking from the fourth unnumbered paragraph of Section 2 the following: Board of Commissioners of Roads and Revenues of Dougherty County, and inserting in lieu thereof the following: Board of Commissioners of Dougherty County, so that when so amended the fourth unnumbered paragraph of Section 2 of said Act shall read as follws: The `initial' terms of office for the six members herein appointed shall extend from the organizational meeting of the Authority in 1963 until its annual meetings in 1965, 1966 and 1967, respectively, for the two, three and four-year terms of office, all subsequent terms of office shall be for four years. All vacancies in the membership of the Authority whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by the governing body of the City of Albany, the Board of Commissioners of Dougherty County and the Board of Education of Dougherty County. Any member of the Authority may be elected to succeed himself. All members duly appointed shall hold office until his or her successors shall be appointed and duly qualified. Any member appointed to fill an unexpired term shall serve only for the term of the member he or she replaced. Section 4. Said Act is further amended by striking from paragraph (b) of Section 3 the following: an athletic stadium, and inserting in lieu thereof the following: one or more athletic stadia, so that when so amended paragraph (b) of Section 3 shall read as follows:

Page 4547

(b) The word `project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of one or more athletic stadia and the usual facilities related thereto, parking facilities or parking areas in connection therewith, recreation centers and areas, including, but not limited to, athletic fields, parking facilities or parking areas in connection therewith, 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 the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. Section 5. Said Act is further amended by striking from Section 5 thereof the following: The maximum amount of revenue certificates which may be issued by this Authority shall be the principal sum of one hundred thousand ($100,000.00) dollars., and substituting in lieu thereof the following: The principal amount of revenue certificates issued by the Authority and outstanding at any given time shall not exceed $250,000., so that when so amended Section 5 shall read as follows: Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost, as herein defined, of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from

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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 1937, p. 761 et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. The principal amount of revenue certificates issued by the Authority and outstanding at any given time shall not exceed $250,000. Section 6. Said Act is further amended by striking from Section 24 the following: an athletic stadium and athletic field, and inserting in lieu thereof the following: one or more athletic stadia and athletic fields, and by adding at the end thereof the following: Any project undertaken by the Authority and any athletic stadium and athletic field or other related facilities constructed by the Authority may be constructed or located anywhere within Dougherty County., so that when so amended Section 24 shall read as follows: Section 24. Purpose of the authorityWithout 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 one or more athletic stadia and athletic fields and other related facilities for athletic, sporting, cultural, religious, political, musical, educational and other events, and parking facilities and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas, including but not limited to athletic fields, parking facilities or parking areas in connection therewith,

Page 4549

and the usual and convenient facilities appertaining to such undertakings; to extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such types of undertakings. Any project undertaken by the Authority and any athletic stadium and athletic field or other related facilities constructed by the Authority may be constructed or located anywhere within Dougherty County. 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 1979 Session of the General Assembly of Georgia, a bill to amend an Act to create the Albany Stadium Authority, approved April 9, 1963 (Ga. Laws 1963, p. 3286), as amended by an Act approved January 24, 1964 (Ga. Laws 1964, p. 2003), so as to provide for perpetual existence of the Authority; to change the amount of revenue certificates which the Authority is authorized to issue; to provide for other matters relative to the Authority; and for other purposes. This 2nd day of January, 1979. Charles F. 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/she is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce

Page 4550

Local Legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: January 8, 15, 22, 1979. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 2nd day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. OCONEE COUNTYEXPENSES OF SHERIFF'S OFFICE, ETC. No. 411 (House Bill No. 999). AN ACT To amend an Act placing the sheriff of Oconee County on a salary, approved March 24, 1965 (Ga. Laws 1965, p. 2430), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3915) and by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3563), so as to change the provisions relative to the compensation and expenses of the sheriff; to change the provisions relative to deputies and other personnel; to change the provisions relative to operating expenses; to change the provisions relative to budgets; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Oconee County on a salary, approved March 24, 1965 (Ga. Laws 1965, p. 2430), as amended, particularly by an Act approved April 10, 1971 (Ga.

Page 4551

Laws 1971, p. 3915) and by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3563), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows: Section 2. (a) The sheriff of Oconee County shall receive a base salary of $15,500.00 per annum which shall be paid in equal monthly installments from the funds of Oconee County. (b) Hereafter, the base salary provided for in subsection (a) shall be increased by three percent per annum with the first such annual increase becoming effective on May 1, 1980. (c) The sheriff shall also be reimbursed from Oconee County funds for his actual expenses while out of Oconee County on official business. (d) For each prisoner confined in the county jail, the sheriff shall receive from Oconee County funds the sum of $3.50 per day to feed such prisoner, but said sum shall not be paid from Oconee County funds when the sheriff is reimbursed for feeding a prisoner from State or federal funds or from the funds of another county or other political subdivision. Section 2. Said Act is further amended by striking Section 2A in its entirety and substituting in lieu thereof a new Section 2A, to read as follows: Section 2A. It shall be the duty of the governing authority of Oconee County to furnish the sheriff of said county with not less than one appropriately equipped automobile for use by the sheriff in the performance of his official duties and not less than one appropriately equipped automobile per duly appointed full-time deputy sheriff for the use by said deputies in the performance of the official duties of the sheriff's office. All costs and expenses of the acquisition, operation and maintenance of such automobiles shall be paid from the funds of Oconee County. Section 3. Said Act is further amended by striking Sections 4, 5 and 5A in their entirety and substituting in lieu thereof new Sections 4, 5 and 5A, to read as follows:

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Section 4. The sheriff of Oconee County shall have the authority to appoint not less than five full-time deputy sheriffs for Oconee County who shall assist the sheriff in carrying out the law enforcement and other lawful functions of his office. In addition, the sheriff shall have the authority to hire one full-time secretary and not less than two full-time radio operators/jailers to assist him in carrying out the lawful functions of his office. In the event of an emergency, the sheriff shall also have the authority to appoint extra deputies or other personnel as may be necessary to enable the sheriff to efficiently and effectively discharge the official duties of his office during such emergency. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, extra deputies, secretary, radio operators/jailers, or other personnel and to prescribe their duties and assignments and to remove or replace any of such employees at will and within said sheriff's sole discretion. Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of the sheriff, his deputies, extra deputies, or other personnel, shall be paid from funds of the county budgeted and available for such purpose. In budgeting and making available the compensation of the sheriff, his deputies, extra deputies, secretary, radio operators/jailers, and other personnel at the sheriff's office, the governing body of Oconee County shall designate in the annual budget the total amount of funds available for such compensation and it shall be the responsibility and duty of the sheriff to set the individual compensation for each of his employees, said amount set by said sheriff not to exceed the total amount budgeted for such compensation by said governing body. All supplies, materials, furnishings, furniture, utilities and equipment, including all radio equipment required by the sheriff's office, 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 funds of the county appropriated by the governing body of said county for such purposes. Section 5A. (a) No later than the first meeting of the governing body of Oconee County in May of each year, the sheriff of said county shall certify to the said governing body a proposed budget of expenditures for carrying out the powers, duties and operations of

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his office for the ensuing fiscal year. The sheriff shall make a provision in the budget for any additional automobiles needed for his office. Said automobiles shall be furnished by the county upon approval of the governing body of said county. The sheriff shall submit with the proposed budget his sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of his office for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail, other than construction, repair or capital improvement of county buildings during said fiscal year. The expenditures shall be itemized as follows: (1) Total aggregate salary of all deputies, assistants and other personnel (2) Expenses, other than salaries (3) Equipment (4) Investigations (5) Such other items as may be required by the governing authority. (b) The sheriff shall furnish the governing authority of Oconee County all relevant and pertinent information concerning expenditures made in previous years and concerning proposed expenditures which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may require the sheriff to correct mathematical, mechanical, factual and clerical errors and errors as to form in the proposed budget. 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.

Page 4554

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, 1979, a bill to amend the act, placing the Sheriff of Oconee County on a salary in lieu of fees; and for other purposes. This 6th day of February, 1979. Charles Mann Representative, 13th District 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 Oconee Enterprise which is the official organ of Oconee County, on the following dates: February 8, 15, 22, 1979. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 2nd day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4555

ELBERT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 412 (House Bill No. 1001). AN ACT To amend an Act creating the office of tax commissioner of Elbert County, approved August 7, 1925 (Ga. Laws 1925, p. 640), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2485), so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Elbert County, approved August 7, 1925 (Ga. Laws 1925, p. 640), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2485), is hereby amended by adding a new Section between Sections 4 and 5 to be designated Section 4A and to read as follows: Section 4A. (a) The Tax Commissioner of Elbert County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary pursuant to the general laws of this State. Such salary for said tax commissioner shall be paid in equal monthly installments from the funds of Elbert County. (b) As used in subsection (a) of this Section: (1) `elective county officer' means the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, or Tax Commissioner of Elbert County; and (2) `general laws of this State' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to population classifications of the counties of this State.

Page 4556

Section 2. Said Act is further amended by striking in its entirety the first sentence of Section 5 which reads as follows: The compensation of the county tax commissioner of Elbert County, Georgia shall be $8,500.00 per annum, payable monthly out of the funds of Elbert 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 of the intention to introduce local legislation in the 1979 General Assembly pertaining to the method of compensation for the Elbert County Tax Commissioner. Charles Mann Representative 13th District, Post 3 Georgia, Elbert County. This is to certify that the legal notice attached hereto has been published in the: The Elberton Star, legal organ for Elbert County, the following dates, to-wit: February 9, 1979: February 16, 1979; and February 23, 1979. Sworn to on the 1st day of March, 1979. /s/ R. L. Williford Publisher

Page 4557

Sworn to and subscribed to before me, on the 1st day of March 1979. /s/ Mary C. Taylor Notary Public (Seal). Approved April 11, 1979. ELBERT COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS. No. 413 (House Bill No. 1002). AN ACT To amend an Act providing a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2860), so as to change the provisions relating to the compensation of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2860), 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 Chairman of the Board of Commissioners of Elbert County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary pursuant to the general laws of this State. Such salary for said chairman shall be paid in equal monthly installments from the funds of Elbert County.

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(b) As used in subsection (a) of this Section: (1) `elective county officer' means the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, or Tax Commissioner of Elbert County; and (2) `general laws of this State' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to population classifications of the counties of this 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. Notice of Intention to Introduce Local Legislation. Notice is hereby that there will be introduced in the regular 1979 session of the General Assembly a bill to amend an Act entitled An Act to provide a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2860), so as to change the compensation and method of computing the compensation of the Chairman of the Board of Commissioners of Elbert County so that the Chairman of the board of commissioners shall receive a minimum salary equal to but not higher than the highest minimum annual salary, including increases based on service, established by any general law for any county officer of Elbert County and paid entirely from the funds of Elbert County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1979. James I. Roberts Attorney for Elbert County 115 Heard Street Elberton, Georgia 30635

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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 Elberton Star which is the official organ of Elbert County, on the following dates: January 26, 1979, February 2, 1979 and February 9, 1979. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 2nd day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. PAULDING COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 414 (House Bill No. 1003). AN ACT To amend an Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. Laws 1949, p. 1335), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4350), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4560

Section 1. An Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. Laws 1949, p. 1335), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4350), is hereby amended by striking from the first paragraph of Section 4 the following: $14,000.00, and inserting in lieu thereof the following: $16,000.00, so that when so amended the first paragraph of Section 4 shall read as follows: Be it further enacted by the aforesaid, that the Tax Commissioner of Paulding County shall be compensated in the amount of $16,000.00 per annum which shall be paid in equal monthly installments from the funds of said county. Said salary shall be the only compensation of the tax commissioner and shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. 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. 295), as amended. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4561

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. Laws 1949, p. 4350), as amended; and for other purposes. This 12th day of February, 1979. James D. Watts 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 15, 22, 1979 and March 1, 1979. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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TELFAIR COUNTY SMALL CLAIMS COURT. No. 415 (House Bill No. 1004). AN ACT To create and establish a Small Claims Court in and for Telfair 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 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. Small Claims Court Created; Jurisdiction. There is hereby created and established a Small Claims Court in and for Telfair County. Said 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 the laws of the State of Georgia. Section 2. Judge; Appointment; Term; Vacancies; Removal from Office. (a) Within thirty days after this Act becomes of full force

Page 4563

and effect, the Grand Jury of Telfair 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 Telfair 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. (b) Said judge may be removed from office for cause by a complaint being filed in the Superior Court of Telfair County in accordance with the Civil Practice Act of the State of Georgia as the same now exists or may hereafter be amended. Upon being found unfit to hold office by the presiding judge of said superior court, said office shall be declared vacated and the unexpired term shall be filled by the grand jury then in session. Section 3. Qualifications of Judge. (a) Any person appointed as a judge of the small claims court created by this Act must have been a resident of Telfair County at least two years immediately preceding his/her appointment, must be at least twenty-five years of age, must have a high school diploma or its recognized equivalent and must be a person of outstanding character and integrity. If said person is not an attorney licensed to practice law before the Superior Court of Telfair County and a member in good standing of the State Bar of Georgia, then said person (within six months from his/her appointment and taking the oath of office as Judge of the Small Claims Court of Telfair County) shall be certified by the Judicial Council of Georgia as a small claims judge or the equivalent of said position. Said certification shall be sent to the office of the Commissioner of Telfair County where the same is to be recorded upon the minutes of said office for public inspection. Said judge shall be recertified during his/her term of office as recommended by the Judicial Council of Georgia. (b) If said person is an attorney, he/she may engage in the practice of law in any court of this State or of the United States during his/her term of office except the Small Claims Court of Telfair County.

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(c) All other officers hereafter provided for, appointed to or employed by said court must be at least twenty-one years of age and must be residents of the county and of good character and integrity. (d) The judge of said small claims court shall, prior to entry upon duties, take an oath to faithfully administer and discharge the duties of his/her respective office in accordance with the Constitution and laws of the State of Georgia and the ordinances of Telfair County. Section 4. Acting Judge. 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/her office, the Judge of the Superior Court of Telfair 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 5. Clerk. 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 6. Judge's Compensation. All fees collected by the judge, as herein authorized, shall be retained by him/her as his/her sole remuneration. Section 7. Small Claims. (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/her 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

Page 4565

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/her 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 be not 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.

Page 4566

(h) A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. (i) (1) The plaintiff, when he/she files his/her 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/her 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 executions 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. (j) (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 4567

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. (4) 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/she may use a part thereof to offset the claim of the plaintiff. (5) 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. (k) 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/she may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. (l) The Judge of the Superior Court of Telfair 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. (m) 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/her 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

Page 4568

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. (n) 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. (o) Appeals may be had from judgments returned in the small claims court to the superior court by applying for and obtaining a writ of certiorari as is provided for in Code Sections 19-203 to 19-216, inclusive, Code of Georgia, and any Act amendatory thereof except as hereinafter modified. The petition for issuance of a writ of certiorari to the Superior Court of Telfair County, Georgia, must be filed in said county within five days after the judgment complained of is pronounced and all costs of the case must first be paid and bond and security given to answer the final judgment rendered in the case, such bond and security to be approved by the judge of the small claims court. Section 8. Small Claims; Sample Forms. 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 4569

Small Claims Court of Telfair County McRae, Georgia

Page 4570

Page 4571

Section 9. Office Facilities, Equipment, etc. All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the county commissioner. Said county commissioner shall provide adequate and suitable quarters, facilities and accommodations for transacting the business of such court, and he/she may provide such additional personnel as in his/her judgment the court may from time to time require. Section 10. Terms and Place of Holding of Small Claims Court. 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 to be held in the county seat. He/she shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his/her answer not sooner than thirty days and not later than forty-five days after he/she 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 11. Garnishment. 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/her 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 12. Fines. 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 13. Fees. 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.

Page 4572

The rate of commission on all judicial sales shall be ten percent of the first $250.00 and five percent on all sums over that amount, with a minimum of $3.00. Section 14. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to create a small claims court for Telfair County; and for other purposes. This 12th day of February, 1979. Travis P. Cook Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lunsford Moody 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 Lumber City Log which is the official organ of Telfair County, on the following dates: February 14, 21, 28, 1979. /s/ Lunsford Moody Representative, 138th District

Page 4573

Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. HARRIS COUNTYCOMPENSATION OF NAMED OFFICIALS. No. 416 (House Bill No. 1005). AN ACT To provide for the compensation of the Sheriff, Tax Commissioner, Judge of the Probate Court, and Clerk of the Superior Court of Harris County; to provide for cost-of-living raises; 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. (a) Notwithstanding the provisions of any local Act of the General Assembly to the contrary, the following officials of Harris County shall receive an annual base salary in the amount specified in this Section: (1) Sheriff $ 17,000.00 (2) Tax Commissioner $ 15,000.00 (3) Judge of the Probate Court $ 13,600.00 (4) Clerk of the Superior Court $ 12,500.00.

Page 4574

(b) The Board of Commissioners of Harris County are hereby authorized to provide a reasonable cost-of-living raise for each of the officers of Harris County whose base salary is fixed under the provisions of subsection (a) of this Section, but no such officer shall receive more than one cost-of-living raise during any 12 month period. (c) The compensation provided for the officers of Harris County shall be paid in equal monthly installments from the funds of Harris 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 legislation will be introduced during the 1979 General Assembly affecting the compensation of the offices of Sheriff, Clerk of Court, Judge of Probate Court, and Tax Commissioner of Harris County, and for other purposes. 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: February 15, 22, 1979 and March 1, 1979. /s/ W. Randolph Phillips Representative, 91st District

Page 4575

Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. OCONEE COUNTY SMALL CLAIMS COURT. No. 417 (House Bill No. 1009). AN ACT To create and establish a Small Claims Court of Oconee 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 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:

Page 4576

Section 1. There is hereby created and established a Small Claims Court of Oconee County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (a) In order to serve as judge of the small claims court created by this Act, a person must 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. Section 3. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, any judge of the Superior Court of Oconee 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

Page 4577

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, 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 the 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 additon 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.

Page 4578

(g) Said notice shall include the date, hour and location of the hearing, which date shall be not less than ten nor more than thirty days from the date of the service of said notice. 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 a sum with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The sum so deposited shall be based on the amount of the claim in accordance with the following schedule: $10.00 when the amount of the claim is $500.00 or less; $15.00 when the amount of the claim exceeds $500.00 but is not more than $1,001.00; and $20.00 when the amount of the claim exceeds $1,001.00 but is not more than $2,500.00. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (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.

Page 4579

(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 Chief Judge of the Superior Court of Oconee 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.

Page 4580

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 4581

Small Claims Court of Oconee County

Page 4582

Page 4583

Section 18. On or before the effective date of this Act, the Chief Judge of the Superior Court of Oconee County shall appoint, from nominees as hereinafter provided, 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 said Chief Judge of the Superior Court and qualified. Said Chief Judge of the Superior Court shall make the appointment of said judge and successors to the original appointee from a list of four nominees, two of whom shall be submitted to said Chief Judge by the Board of Commissioners of Oconee County and two of whom shall be submitted to said Chief Judge by the grand jury of Oconee County. All vacancies in the office of judge shall be filled by appointment of a successor by the Chief Judge of the Superior Court of Oconee County from nominees as hereinabove provided, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the governing authority of the county. They shall also provide a suitable room in the courthouse for the holding of said court. Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia laws to the Small Claims Court without cost to the court or to the county. Section 21. Said small claims court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. 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.

Page 4584

Section 22. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a small claims court bailiff, or by the judge of the small claims court. 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 23. The judge of said court shall have the power to impose fines of not more than $10.00 on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be ten percent of the first $250.00 and five percent on all sums over that amount, with a minimum of $5.00. 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.

Page 4585

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia, a bill to create and establish a Small Claims Court in and for Oconee County; to prescribe the jurisdiction of said Court; to prescribe the pleadings and practice in said Court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of the Office of Judge of said Court; to provide for the Clerks and Bailiffs of and for said court and for their duties and compensation; to provide for other matters relative to the foregoing; and for other purposes. This 16th day of January, 1979. Oconee County Board of Commissioners Roy E. Berry Chairman 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 Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 25, 1979, February 1, 8, 1979. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 2nd day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

Page 4586

DADE COUNTYCOMMISSIONER'S COMPENSATION. No. 418 (House Bill No. 1011). 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 March 16, 1978 (Ga. Laws 1978, p. 3842), so as to change the provisions relating to the compensation of the commissioner; to change the provisions relating to clerks, deputies, and clerical help in the office of the commissioner and their compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner for Dade County, approved March 9, 1959 (Ga. Laws 1959, p. 2382), as amended, particularly by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3842), is hereby amended by striking from Section 4 the following: $12,000.00, and inserting in lieu thereof the following: $16,000.00, so that when so amended, Section 4 shall read as follows: Section 4. The commissioner shall be compensated in the amount of $16,000.00 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 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

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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 striking from Section 10 the following: $10,000.00, and inserting in lieu thereof the following: $15,000.00, so that when so amended Section 10 shall read as follows: Section 10. The Commissioner shall have and exercise all the powers which are vested by law in the judges of the inferior courts and judges of the probate courts when sitting for county purposes except that of supplying by appointment all vacancies in county offices and in ordering elections to fill them, and is hereby expressly given complete power, authority, and control relative to county matters of Dade County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Dade County. The commissioner is hereby authorized to employ necessary personnel including a county attorney and a clerk or deputy and fix their compensation to assist in the performance of the duties imposed by this Act. However, the expense for hire of a clerk, deputy, or other clerical help in his office shall not exceed $15,000.00 in any calendar year. However, in the event such clerk or deputy travels outside the county on county business, or attending schools or training courses related to county business operations, and such trip involves over 150 miles round trip travel, and requires overnight stay, such clerk or deputy shall be entitled to receive 10 cents per mile and $20.00 per diem as additional compensation upon filing with the commissioners a signed itemized statement therefor.

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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 Legislation. Notice is hereby given that there will be introduced at the 1979 Session of the General Assembly of Georgia, a bill to change compensation of salary of the County Commissioner and compensation of office help in the County Commissioner's office. 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 15, 22 and March 1, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 11, 1979.

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BEN HILL COUNTYDEPUTY SHERIFFS, ETC. No. 420 (House Bill No. 1016). AN ACT To amend an Act placing the Sheriff of Ben Hill County, Georgia, on a salary basis in lieu of a fee basis, approved March 30, 1965 (Ga. Laws 1965, p. 2956), so as to provide for additional deputy sheriffs and other employees and their compensation; to increase the monthly allowance for automobile expense; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Ben Hill County, Georgia, on a salary basis in lieu of a fee basis, approved March 30, 1965 (Ga. Laws 1965, p. 2956), is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The Sheriff of Ben Hill County, Georgia, shall be authorized to appoint four deputies, one of whom shall be a chief deputy sheriff, and also appoint a secretary to assist him in the performance of his duties and the compensation for said deputies and secretary shall be fixed by the governing authority of Ben Hill County, Georgia. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as deputies and secretary and to prescribe their duties and assignments and to remove or replace any such deputies and secretary at will and within his sole discretion. Nothing herein shall be construed as prohibiting the sheriff from appointing more than four deputies and one secretary, but the governing authority of Ben Hill County, Georgia, shall be authorized to pay the compensation of only the four deputies and one secretary provided for herein. Section 2. Said Act is further amended by striking from Section 5 the following:

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two hundred ($200.00) dollars, and inserting in lieu thereof the following: five hundred ($500.00) dollars, so that when so amended Section 5 shall read as follows: Section 5. The Sheriff of Ben Hill County, Georgia, shall be allowed the sum of five hundred ($500.00) dollars per month to cover expenses of operating an automobile for himself and deputies, and this shall be the only expenses that shall be allowed to the sheriff for travel expenses and for automobile hire, unless such expenses are approved in advance by the fiscal authority of Ben Hill County, Georgia. Section 3. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The Sheriff of Ben Hill County shall not be required to keep any accounting of the five hundred ($500.00) dollars per month paid to him for automobile expenses, and Ben Hill County, Georgia, shall not be required to furnish any automobile to the sheriff or any of his deputies, but said five hundred ($500.00) dollars per month is to cover the maintenance, upkeep, repair and fuel and other travel expenses that said sheriff may incur from time to time and this shall be his sole compensation for the same unless other arrangements are agreed to between the sheriff of Ben Hill County and the fiscal authority thereof. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly a bill to amend an act placing the Sheriff of Ben Hill County, Georgia, on a salary, by providing for additional Deputy Sheriffs and other employees and their compensation;

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to increase the monthly allowance for automobile expense; to provide all matters relative to the foregoing; to repeal conflicting laws and for other purposes. Georgia, Ben Hill County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald W. Pryor, who on oath deposes and states that he is Editor and Publisher of the Fitzgerald Herald and Leader and that the attached copy of notice of intention to introduce local legislation was published in the Fitzgerald Herald and Leader which is the official organ of Ben Hill County on the following dates: February 15, 22 and March 1, 1979. This the 1st day of March, 1979. /s/ Gerald W. Pryor Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Grace W. Reeves Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1979. (Seal). Approved April 11, 1979. BEN HILL COUNTYCOSTS, ETC. IN SMALL CLAIMS COURT. No. 421 (House Bill No. 1017). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Ben Hill County, Georgia, approved March 7, 1977 (Ga. Laws 1977, p. 2972), so as to change the amount of costs to be deposited upon the filing of a claim in the Small Claims Court

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of Ben Hill County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court in and for Ben Hill County, Georgia, approved March 7, 1977 (Ga. Laws 1977, p. 2972), is hereby amended by striking from subsection (a) of Section 8 the following: $7.50, and inserting in lieu thereof the following: $12.50, so that when so amended said subsection (a) of Section 8 shall read as follows: (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 costs 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 case pending. The award of Court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Section 2. This Act shall become effective on July 1, 1979. 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 Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly a bill to amend a bill creating the Small Claims Court in and for Ben Hill County, by increasing the filing fee in said Court; to provide all matters relative to the foregoing; to appeal conflicting laws and for other purposes. Georgia, Ben Hill County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald W. Pryor, who on oath deposes and states that he is Editor and Publisher of the Fitzgerald Herald and Leader and that the attached copy of notice of intention to introduce local legislation was published in the Fitzgerald Herald and Leader which is the official organ of Ben Hill County on the following dates: February 8, 15 and 22, 1979. This the 22nd day of February, 1979. /s/ Gerald W. Pryor Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Grace W. Reeves Notary Public, Georgia State at Large.. My Commission Expires Oct. 15, 1979. (Seal). Approved April 11, 1979. CITY OF EASTMANNEW CHARTER. No. 422 (House Bill No. 1018). AN ACT To provide a new charter of the City of Eastman; to provide for corporate limits; to provide for the governing authority; to provide for powers and duties; to provide for elections; to provide for taxation; to provide for financial affairs; to provide for officers and

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employees; to provide for a recorder's court; to provide for property; to provide for penalties; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation of Charter. From and after the passage of this Act all Acts creating charters for the City of Eastman and amendments thereto are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with, or at variance with this Act, or any provisions thereof, are hereby expressly repealed, and all laws, or parts of laws, in conflict with this Act be, and the same are hereby repealed. Section 2. Incorporation; Name, Corporate Powers. The City of Eastman, Georgia, in the County of Dodge, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Eastman (hereinafter at times referred to as the City). The City shall be the legal continuation and successor to the City as heretofore incorporated and shall continue to be vested with all of the property and rights of property which now belong to the City; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of any of such property; 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 3. Corporate Boundaries. The corporate limits of the City of Eastman shall embrace, and shall include all of the following described territory, except as herein excepted, within the following described boundaries, to-wit: Begin at the east corner of lot of land no. 308 in the 16th Land District of Dodge County, Georgia and run in a southwesterly direction along the southeast lot line of said lot to the south corner thereof, which is also the east corner of lot of land no. 8 in the 15th Land District of Dodge County, Georgia, thence along the southeast lot line of lot of land no. 8 in a

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southwesterly direction to the southwest right of way line of the Southern Railway Company; thence in a southeasterly direction along the southwest right of way line of the Southern Railway Company in lot of land no. 7 in the 15th Land District of said county a distance of 1150 feet, more or less, to the property line dividing the properties of Stuckey's, Inc. and McCranie Lumber Company; thence in a southwesterly direction along the property line of Stuckey's, Inc. to the southwest right of way line of the Eastman-McRae Highway, also known as U. S. Highway No. 341; thence in a northwesterly direction along said southwest highway right of way line a distance of 1150 feet, more or less, to the southwest lot line of said lot of land no. 8; thence in a southwesterly direction along said lot line to south corner of said lot no. 8; thence in a northwesterly direction along the southwest lot line of lot no. 8 to the west corner of lot no. 8, which is also the east corner of lot no. 22; thence in a southwesterly direction along the southeast lot line of said lot no. 22 to the south corner thereof; thence in a northwesterly direction along the southwest lot line of said lot no. 22 to the west corner of said lot no. 22, which is also the south corner of lot of land no. 21 in said land district; thence in a northwesterly direction along the southwest lot line of said lot no. 21 to the west corner thereof, which is also the south corner of lot of land no. 20; thence in a northwesterly direction along the southwest lot line of said lot no. 20 to a point midway between the south and west corners thereof; thence at right angles in a northeasterly direction and parallel with the southeast lot line to a point on the northeast lot line of said lot no. 20 which is midway between the east and north corners thereof; thence along the northeast lot line of said lot no. 20 in a northwesterly direction to the north corner of said lot no. 20, which is also the west corner of land lot no. 11 in said 15th Land District; thence along the northwest lot line of said lot no. 11 in a northeasterly direction to the north corner of said lot no. 11; thence to the west corner of lot of land no. 311 in the 16th Land District of Dodge County, Georgia; thence in a northeasterly direction along the northwest lot line of said lot no. 311 to the north corner thereof, which is also the west corner of lot of land no. 290 in said 16th Land District; thence along the northwest lot line of said lot no. 290 in a northeasterly direction a distance of 800 feet; thence in a southeasterly direction and parallel with the southwest lot line of said lot through lots of land nos. 290, 291, 292 and 293 to the southeast lot line of said lot of land no. 293 at a point which is 800 feet northeast of the south corner of said lot; thence along the southeast lot line in

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a southwesterly direction to the south corner of said lot no. 293, which is also the east corner of lot of land no. 308 in the 16th Land District of Dodge County, Georgia, the point of beginning, excepting from the above described area all property owned by the Eastman Cotton Mill, a corporation, other than Williamson Warehouse property; as of January 20, 1959. Also, all that tract or parcel of land situate, lying and being in lot of land no. 23 in the 15th Land District of Dodge County, Georgia, more particularly described as beginning at the point of intersection of the northeast lot line of said lot with the southeasterly right of way line of Georgia Highway No. 117 and from said point of beginning running along said lot line in a direction of south 45 degrees east a distance of 693 feet to a stake; thence running in a direction of south 20 degrees 30 minutes west a distance of 693 feet to a stake; thence running in a direction of north 45 degrees west a distance of 693 feet to a stake located on the southeasterly right of way line of said State Highway No. 117; thence running along said right of way line in a direction of north 20 degrees 30 minutes east a distance of 693 feet to the point of beginning, containing 10 acres and being the same property shown on the plat of a survey made September 9, 1960, by Harrell and Ross, Surveyors, which plat is recorded in the office of the Clerk of Dodge Superior Court in plat book 4, page 169, said plat, together with the record thereof being by reference incorporated herein and made a part hereof, said property being further identified as the Dodge County Hospital Authority property. Also all that part of lot of land no. 6 in the 15th Land District of Dodge County, Georgia described as follows: Begin at the north corner of said lot and run the northeast lot line south 43 degrees 05 minutes east a distance of 2,951.85 feet to lands of Pauline Bond Jarrard; thence along the Jarrard line south 84 degrees 39 minutes east 1,072.93 feet and south 58 degrees 42 minutes west a distance of 1187 feet, more or less, to the northeast right of way line of the Southern Railway Company; thence along said right of way line north 34 degrees 47 minutes west 1406.77 feet to the northwest lot line of said lot; thence along said lot line north 45 degrees east 1727 feet to the north corner of the point of beginning, the property herein described being identified as The Industrial Park.

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Also all those parts of lots of land nos. 6 and 7 in the 15th Land District of Dodge County, Georgia as shown on the plat of a survey made by Carey E. Treadwell and recorded in the office of the Clerk of Dodge Superior Court in plat book 9, page 30, containing.426 acres, more or less, and described as beginning at a point on the northeast right of way line of Southern Railway right of way where the same is intersected by the northwest lot line of lot no. 6 and thence run in a southeast direction 890 feet, more or less, to Industrial Boulevard; thence along Industrial Boulevard in a southwest direction to the northeast right of way line of U. S. Highway No. 341; thence in a northwest direction along said highway a distance of 486 feet, more or less, to the northwest lot line of said lot 6; thence in a northeast direction along said lot line to the point of beginning. All that part of lot of land no. 7 in the 15th Land District of Dodge County, Georgia described as follows: Begin at a point on the southwest right of way line of U. S. Highway No. 341 which is 285 feet northwest of the point of intersection of said right of way line of the southeast lot line of lot no. 7; thence south 56 degrees 30 minutes west 175.03 feet; thence north 34 degrees 53 minutes west 133 feet; thence north 50 degrees 43 minutes east 153 feet to the said highway; thence along said highway south 43 degrees 30 minutes east 151 feet to the point of beginning as shown on the plat of a survey made by Harrell and Ross, Surveyors, and recorded in the office of the clerk of Dodge Superior Court in plat book 11, page 242 and by reference incorporated herein. Also all those parts of lots of land 6, 7, 24, and 25 in the 15th Land District of Dodge County, Georgia, known as Minter Ridge Subdivision as shown on plats thereof recorded in the office of clerk of Dodge Superior Court in plat book 11, page 52 and plat book 15, page 45, including the areas shown thereon as Minter property, and John H. Minter property. Also all that tract or parcel of land lying and being in the 15th Land District of Dodge County, Georgia and being that part of lot of land no. 23 described as follows: Begin at a point on the southeast side of Herman Avenue which is 824 feet north 45 degrees east from the southwest lot line of said lot; thence south 45 degrees east 650 feet; thence south 45 degrees west a distance of 790 feet to a point 20 feet northwest of the southwest lot line of said lot; thence

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north 45 degrees west a distance of 528 feet; north 45 degrees east 276 feet; south 45 degrees east 250 feet; north 45 degrees east 208 feet; north 45 degrees west 275 feet; north 42 degrees east 205 feet; north 55 degrees west 84 feet to the southeast side of Herman Avenue; thence north 45 degrees east 118 feet to the point of beginning and containing 8.91 acres, more or less, and being the same property shown on the plat of a survey made by B. Jack Warren, Surveyor, on the 11th day of December, 1964 and recorded in the office of the clerk of Dodge Superior Court in plat book 6, page 122, which said plat and the record thereof are by reference incorporated herein. Also all that part of lot of land no. 23 in the 15th Land District of Dodge County, Georgia described as follows: Begin at the west corner of the intersection of State Highway No. 117 also known as Griffin Street, and of Legion Street or Drive, and run along the west side of Highway No. 117 in a direction of south 21 degrees 30 minutes west a distance of 360 feet; thence in a direction of north 46 degrees 05 minutes west a distance of 636 feet to a stake; thence in a direction of north 27 degrees 40 minutes east a distance of 346 feet to Legion Drive; thence in a direction of south 46 degrees 05 minutes east a distance of 595 feet to the point of beginning and containing 5 acres, more or less. Also all that part of lot of land no. 23 in the 15th Land District of Dodge County, Georgia described as beginning at a point on the southeast side of Herman Avenue which is 1141 feet southwest of the point of intersection of the southeast right of way line of Herman Avenue with the southwest right of way line of Legion Drive; thence south 43 degrees 46 minutes east a distance of 206.04 feet to a concrete monument; thence south 47 degrees west 300 feet to a concrete monument; thence south 43 degrees 46 minutes east 200 feet to a concrete monument; thence south 47 degrees west 500 feet to a concrete monument and lands of now or formerly Chester L. Saunders; thence along the Saunders line north 43 degrees 46 minutes west a distance of 400 feet to the right of way of Herman Avenue; thence along said right of way north 47 degrees east 337.03 feet, north 46 degrees 40 minutes east 100 feet, north 46 degrees 14 minutes east 100 feet, and north 46 degrees 13 minutes east 262.05 feet to the point of beginning and being the same lands shown on the plat of a survey recorded in the office of the clerk of Dodge Superior Court in plat book 8, page 135 and by reference incorporated herein.

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Also all that part of lot of land no. 20 in the 15th Land District of Dodge County, Georgia containing 81.67 acres, more or less, known as Greenwood Heights Subdivision as shown on a plat recorded in the office of the clerk of Dodge Superior Court in plat book 5, pages 202-203, which by reference is incorporated herein. Also all those parts of lots of land nos. 310 and 311 in the 16th Land District of Dodge County, Georgia described as beginning at the point of intersection of the northwest right of way line of 14th Avenue and the northeast right of way line of the Southern Railway Company and from said point of beginning running along the northwest side of 14th Avenue in a direction of north 53 degrees 48 minutes 27 seconds east a distance of 5.215 feet and in a direction of north 48 degrees 06 minutes 37 seconds east a distance of 55.583 feet and in a direction of north 45 degrees 52 minutes 48 seconds east a distance of 57.880 feet to a private drive; thence running in a direction of north 41 degrees 37 minutes 21 seconds west a distance of 200.050 feet; thence running in a direction of north 42 degrees 08 minutes 44 seconds east a distance of 314.080 feet; thence running in a direction of north 47 degrees 45 minutes 18 seconds west a distance of 290.064 feet; thence running in a direction of north 10 degrees 22 minutes 43 seconds west a distance of 20.394 feet; thence running in a direction of north 69 degrees 57 minutes 50 seconds west a distance of 33.207 feet; thence running in a direction of south 76 degrees 36 minutes 29 seconds west a distance of 141.867 feet; thence running in a direction of north 56 degrees 59 minutes 11 seconds west a distance of 1.645 feet; thence running in a direction of south 74 degrees 43 minutes 43 seconds west a distance of 4.017 feet; thence running in a direction of north 39 degrees 41 minutes 16 seconds west a distance of 10.089 feet; thence running in a direction of north 56 degrees 58 minutes 53 seconds west a distance of 135.987 feet; thence running in a direction of north 29 degrees 15 minutes 59 seconds west a distance of 11.974 feet to the northwest lot line of lot of land no. 310 which is also the southeast lot line of lot of land no. 311; thence continuing in a direction of north 29 degrees 15 minutes 59 seconds west a distance of 153.525 feet; thence running in a direction of north 40 degrees 00 minutes 23 seconds west a distance of 26.775 feet; thence running in a direction of north 49 degrees 59 minutes 39 seconds east a distance of 5.078 feet; thence running in a direction of north 29 degrees 15 minutes 56 seconds west a distance of 66.523 feet; thence running in a direction of south 55 degrees 12 minutes 32

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seconds west a distance of 356.136 feet; thence running in a direction of south 09 degrees 07 minutes 35 seconds west a distance of 20.686 feet; thence running in a direction of south 37 degrees 05 minutes 09 seconds west a distance of 123.639 feet; thence running in a direction of south 00 degrees 52 minutes 05 seconds west a distance of 0.577 feet to the northeast right of way line of the Southern Railway Company; thence running along said Railroad right of way line in a direction of south 53 degrees 39 minutes 46 seconds east a distance of 163.276 feet, in a direction of south 53 degrees 38 minutes 43 seconds east a distance of 100.001 feet and in a direction of south 53 degrees 34 minutes 34 seconds east a distance of 12.950 feet to the southeast lot line of lot of land no. 311 which is also the northwest lot line of lot of land no. 310; thence continuing along said Railroad right of way line in a direction of south 53 degrees 34 minutes 36 seconds east a distance of 86.248 feet, in a direction of south 53 degrees 31 minutes 17 seconds east a distance of 100.531 feet, in a direction of south 53 degrees 30 minutes 13 seconds east a distance of 100.281 feet, in a direction of south 53 degrees 00 minutes 13 seconds east a distance of 101.600 feet, in a direction of south 52 degrees 29 minutes 31 seconds east a distance of 100.714 feet, in a direction of south 51 degrees 57 minutes 25 seconds east a distance of 101.192 feet, in a direction of south 51 degrees 22 minutes 16 seconds east a distance of 100.270 feet and in a direction of south 50 degrees 40 minutes 45 seconds east a distance of 94.349 feet to the point of beginning, containing 9.34 acres and being the same property as shown on the plat of a survey made by Carey E. Treadwell, Surveyor, which plat is recorded in the office of the clerk of Dodge Superior Court in plat book 17, page 16, said plat together with the record thereof being by reference incorporated herein and made a part hereof. Also all that part of lot of land no. 292 in the 16th Land District of Dodge County, Georgia described as follows: Begin at the north corner of the intersection of Seventh Avenue and Lowery Lane and thence run along the northeast side of Lowery Land south 45 degrees 53 minutes east 821.85 feet to the southeast side of Williams Drive; thence along Williams Drive south 43 degrees 47 minutes west 486.50 feet to the present city limit line; thence along the present city limit line north 48 degrees 20 minutes west 783 feet to the northwest side of Seventh Avenue; thence along the northwest side of Seventh Avenue 517.48 feet to the point of beginning and containing 7.28 acres, more or less, plus acreage in the streets of Seventh

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Avenue and Lowery Lane and Williams Drive being the property shown on the plat of a survey made by Carey E. Treadwell, revised January 26, 1972. Section 4. Registration. Registration of elections shall be conducted as provided for by general law. The Council may provide by ordinance or resolution for the City to use the county registration list, 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 shall be eligible to vote in a City primary or election. Section 5. Elections Governed by State Law. The City Elections will be held in accordance with State of Georgia Election Laws governing municipal elections. Section 6. Notice of Municipal Election. The City Manager or other person directed by the Council, shall cause to be published in the official organ of the City of Eastman, a notice of the election, for two consecutive weeks, the last notice to be at least thirty days prior to the election, and stating the date of the election, the place where the same will be held, the times of the opening and closing of the polls, and the offices to be filled by such election or question to be determined at such election. Section 7. Election of Councilmen; Vacancy. On the third Tuesday in November of each odd numbered year there shall be elected three Councilmen and on each even numbered year two Councilmen (as the case may be) to succeed those Councilmen whose term of office expired with that year to hold office for a term of two years. Should a vacancy occur in the Council by death, resignation or otherwise, the remaining members of the Council shall elect some fit and proper person to serve in his place and such person so elected shall serve only until the next regular election, at which time in addition to the election of Councilmen to succeed the Councilmen whose term will expire with that year, an additional Councilman will be elected to fill said unexpired term. Section 8. Eligibility of Councilman. No person shall be eligible to be a member of the Council unless he is of the age of eighteen

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years or more, qualified to be an elector of the City, and who shall have resided in the City for one year immediately preceding his election. Section 9 . Participation in Elections. No appointed officer or employer of the City shall in any manner contribute to, or participate in, or take part in any election, primary, or any political contest, other than by exercising his right to vote; unless appointed by Council to take a position in a specified election, primary, or any political contest, or unless otherwise permitted by law. Any person violating the provisions of this Section shall be punishable as for violation of a City ordinance. Section 10 . Councilmen's Oath, Compensation, etc. The persons elected as members of the Council shall take and subscribe before some Judge, Justice of the Peace, or Notary Public, the following oath: I....., do solemnly swear that I will well and truly perform the duties as a member of the Council of the City of Eastman by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Eastman and the common interests thereof, so help me God. They shall enter upon the duties of their office on January 1st, following the taking and subscribing to said oath. The compensation to be paid to the members of the Council shall be at the discretion of City Council meeting; they shall elect each year from their number a Chairman and a Vice-Chairman. The Council shall hold two regular meetings each month, and all meetings of the Council shall be open to the public. Section 11 . Quorum of Council. The Chairman of the Council, or in his absence, the Vice-Chairman, and two Councilmen shall constitute a quorum for the transaction of any and all business whether legislative or judicial, except in the selection or discharge of the City Manager, and for this purpose the entire Board of five Councilmen shall participate, but a majority shall be sufficient for the selection or discharge of said City Manager, and provided further, that when only three members of the Council are present it shall require the unanimous vote of all three members to pass any ordinance or resolution. The Chairman of the Council, or Vice-Chairman, when presiding in deliberations have a right to vote as other members of the Council, but neither have the right to veto.

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Section 12 . 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. Section 13 . Powers of Council. The Council elected under the provisions of this Act shall be vested with the executive and legislative powers of the city government, and shall as such be vested with full power and authority, from time to time, to make and establish such rules and ordinances in all matters affecting the good government of the city as they deem requisite and proper for the security, welfare, health and convenience of the city, for preserving the peace, order, health and good government of the same. This enumeration of powers, however, is not to be construed as to conflict with any special powers or authority given to the Council by this Act, but rather in aid of such powers. Section 14 . Powers and Construction. (a) The City shall have all powers now or hereafter granted to a municipality by general law. (b) The powers of this City shall be construed liberally in favor of the City. Section 15 . 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;

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(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; (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, public airports, gas and electric generating and distribution systems, and any other public utility; to fix the taxes, charges, rates, 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,

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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, 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 of lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building Regulation - to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings, and all other structures; (15) Planning and Zoning - to provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the City Manager 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 Regulations - to regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of

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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; (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;

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(24) Garbage Fees - to levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees - to levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system; (26) Nuisance - to define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection - to provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences - to provide that persons given jail sentences in the City's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) Animal Regulations - to regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane 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;

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(31) Taxicabs - to regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions - to provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments - to levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts - to enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor; (35) City Agencies and 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 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;

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(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 the health, sanitation, cleanliness, welfare and safety of the inhabitants of the City, and to provide for the enforcement of such standards; (42) Obstructions in Public Places - to remove, or cause to be removed, any buildings, posts, steps, fence or other obstruction or nuisance in the public streets or sidewalks, lanes, alleys or public squares of the city; (43) 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 or 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 16. Service Charges. (a) The Council shall have the right, power and authority, by ordinance, to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City and to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the City. If unpaid, the sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for County and City property taxes. The Council may provide by ordinance that fees for sewer services be added to water bills, and for discontinuation of water service upon failure to pay water or sewer charges. (b) The City Council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary

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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 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. Section 17. Libraries. The Council, in its discretion, is authorized to appropriate money annually to such public libraries that may be operated in the City of Eastman. Section 18. Animals Running at Large. The Council of said City of Eastman shall have power and authority to prevent horses, mules, cattle, sheep, hogs, dogs, goats, and all other animals or fowls running at large in said City, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept if allowed kept, and shall have power and authority to take up and impound any such animal and fowl and punish all owners of such animals and fowls who refuse to obey an ordinance passed by such Council, carrying this authority into effect. Section 19. Control of Streets and Sidewalks. (a) All streets, alleys, sidewalks, pavements, and street crossings shall be under the control, power and direction of the Council, and it shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks and pavements shall be constructed, paved or improved, and in case of failure or refusal of any property owner, after notice to comply with the ordinances passed by the Council in reference to the construction, paving or repairs of the sidewalks, pavement, or street crossings, said Council is hereby authorized and empowered to prescribe that said owner may be fined in a sum not exceeding three hundred dollars, and to collect the same by execution; they may also direct their officers or persons in the employment of the city to carry out and execute the provisions

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of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance, and the said Council is hereby empowered to issue execution for said bill of expense against the owner and levy the same as in case of executions for taxes. Provided however, that nothing contained in this section or in any part of this Charter shall be construed to confer any ministerial power over the streets, sidewalks, pavements, public building, or public works of said city, but the said Council shall have the right to legislate concerning the same, and to prescribe by ordinance or resolution the work to be done, and the method of doing same. (b) No person, or body corporate, shall, at any time hereafter, open, lay out or extend any street, alley, lane or open square contrary to the original plan of said city, without the consent of the Council at a regular meeting; and any application of this kind shall be published for one month before the action of Council is finally had thereon. (c) The City of Eastman shall have full power and authority to tax and assess the cost of lowering service pipe connection with sanitary sewers, water mains or gas mains, or of lowering conduits or other pipes in the streets or alleys of the City of Eastman against the real estate abutting on the street or alley and with which said service pipes connect. (d) When it becomes necessary in the opinion of the Council of the City of Eastman to grade any street or alley within the corporate limits of the municipality, thereupon the Council shall require notices to be served upon the property holders owning property abutting on said street, requiring service pipes hereinbefore described to be lowered by the respective owners of real estate abutting on each side of said alley or street to be graded. Such notices may be served in the manner provided by ordinance or resolution of the Council, and if the owner within ten days after receiving such notice fails, refuses or omits to lower such service pipes, then and thereupon the City of Eastman may lower said service pipes, either by its own force or by contract, and tax and assess the cost thereof against such owner, and issue executions therefor, as hereinbefore provided. (e) The lien given to the City of Eastman for the assessment of the cost of lowering service pipes where streets, alleys, and sidewalks are to be graded and improved, shall have rank and priority of payment next in point of dignity to the liens in favor of the City of Eastman for taxes due said city. (f) The City of Eastman shall have full power to repave and repair any sidewalk, street, or alley, or portion of such sidewalk, street or alley, and to do such work after proceedings as to levy and collection of assessment therefor

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as in cases of original paving provided for under this Act whenever in the judgment of said Council the paving originally laid on such sidewalk, street or alley, or portion of sidewalk, street or alley is worn to such extent that it is no longer useful as good pavement. Section 20. Conflict of Interest. No member of the Council, nor any officer or agent of the City of Eastman shall be interested either directly or indirectly in any contract made with the city. Any member of the Council, or any other officer or agent of the city, guilty of such practices shall be subject to prosecution as for a misdemeanor, and upon conviction, shall be punished as such and be removed from office. Section 21. General Obligation Bonds. (a) 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 executed in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. (b) In all elections which may be hereafter held in the City of Eastman for the purpose of authorizing the issue of bonds by the city, for any purpose whatever, the list of registered voters furnished for said election shall be in compliance with and as provided by the Constitution and laws of the State of Georgia. Section 22. Election for Bonds. The Council of the City of Eastman is hereby authorized and empowered to call by ordinance an election by the legally qualified voters of the City of Eastman for the purpose of obtaining a majority of said legally qualified voters thereof voting at an election for that purpose to be held as prescribed by law, to issue bonds in such amount or amounts as may be permitted under the Constitution and laws of the State of Georgia, and at such time or times as the Council may, in its discretion, prescribe for any and all of the following purposes, to-wit: 1. For paving, macadamizing, draining, guttering or otherwise improving for travel, or use, the public streets, sidewalks, lanes and alleys of the City of Eastman. 2. For establishing and maintaining a system of surface or storm and sanitary sewers within the City of Eastman. 3. For the construction of any public buildings, bridge, viaduct, underpass, or other public works to be used exclusively for lawful corporate purposes, looking to the safety, health and general welfare

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of the citizens of Eastman; or for the enlargement, extension, improvement of any such public building, bridge, viaduct, underpass, or other public works, and for any other legitimate municipal purpose. It shall be the duty of the Council calling such election to provide for submitting separately to the qualified voters of the city each question presented for ratification or rejection, so that each voter may vote for or against any or all of the purposes for which it is proposed to issue bonds. In the event the majority votes for the issuance of bonds, the Council shall have full authority and power to make all contracts necessary or incident to the expenditure of the proceeds of the sale of said bonds for the purposes and objects for which they were issued, and to enact and enforce all such ordinances, resolutions, rules and regulations for the construction, operation, maintenance, regulation and protection of said public improvements as in their discretion they may deem fit and proper, and to enforce such ordinances and regulations by fine and imprisonment as well as by the issue and levy of executions for that purpose. Section 23. 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. 71), as now or hereafter amended, or by any other Georgia Law as now or hereafter provided. Section 24. Recall of Councilmen. Any member of Council may be removed from office in the following manner: (a) Any elector of the City of Eastman may make and file with the City Clerk an affidavit containing the name of the member of the Council whose removal is sought and a statement of the grounds alleged for his removal. The Clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks for demanding such removal, printed forms of which he shall keep on hand. Such blanks shall be issued by the Clerk with his signature thereto attached, and shall be dated and addressed to the Council, shall indicate to person to whom issued and state the name of the councilman whose removal is sought. A copy of this petition shall be entered in the record book kept for that purpose in the office of the Clerk. A recall petition to be effective must be returned and filed with the City Clerk within thirty days after the filing of the affidavit, and to be sufficient must bear the signatures of at least 20 percent

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of the registered voters of the City as shown by the registered sheet of the last general municipal election. (b) If a recall petition shall be certified by the City Clerk to be sufficient, he shall at once submit it to the Council with his certificate to that effect and shall notify the councilman whose removal is sought of such action. If the councilman whose removal is sought does not resign within five days after such notice the Council shall thereupon order and fix a date for the holding of a recall election. Any such election shall be held not less than twenty nor more than thirty days after the petition has been certified to the Council and it may be held at the same time as any other general or special election within such period; but if no other election is to be held within such period the Council shall call a special recall election to be held within the time aforesaid, which said special election shall be governed by state law governing municipal special elections. (c) Question of recalling any number of members of the Council may be submitted at the same election, but as to each such officer a separate petition shall be filed and there shall be an entirely separate ballot. (d) The ballots used in a recall election shall submit the following propositions in the order named: For the recall of (name of councilman). Against the recall of (name of councilman). The elector by striking out either of these propositions may indicate his vote for that one not so stricken out, or make an X or Check by the proposition he prefers, except that the spaces left for the name and date shall be filled by the correct name and date; the ballots used at a recall election shall be in the form substantially as follows: RECALL ELECTION CITY OF EASTMAN (e) If a majority of the votes cast on the question of recalling a member of the Council be against his recall he shall continue in office for the remainder of the unexpired term, but subject to recall as before. If a majority of such votes be for the recall of the member of Council designated on the ballot he shall, regardless of any defects in the recall petition, be deemed removed from office. (f) If a member of the Council in regard to whom a sufficient recall petition is submitted shall resign before the recall election, or be removed as a result thereof, the vacancy so caused shall be filled

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in the manner provided for by this Act for filling vacancies in such office. (g) No recall petition shall be filed against a member of Council within three months after he takes office, nor, in the case of a councilman subjected to a recall election and not removed thereby, until at least six months after that election. Section 25. Limitation on Ad Valorem Tax. The Council of the City of Eastman shall have full power and authority by ordinance to assess, levy and collect an ad valorem tax on all property, real or personal, within the corporate limits of the City of Eastman, said tax not to exceed ten mills on the dollar for current, annual expenses, which shall be due and payable as now or hereafter provided for by ordinance. Section 26. Licenses: Permits; Fees. (a) 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 27. The City Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. (b) Said City of Eastman shall have power to levy and collect a tax upon factors, brokers and vendors of lottery tickets; upon agents or managers of gift enterprises, upon all theatrical performances, exhibitions or shows of any kind within the corporate limits of said city. (c) The Council of the City of Eastman shall have power to license, regulate and control all billiard parlors and ten pin alleys within the city and to remove the same when they become nuisances to the neighborhood. They shall also have the power to license auctioneers and vendue masters for the city charging therefor such sums as they may deem proper, and to levy a tax on all sales of goods on commission or at auction within the limits of the city. They shall also have power to license all vehicles within the city and to limit the rates of freight and passage on the same; also to license all hotels, boarding houses, restaurants, barber shops and billiard tables, pool tables as well as all other establishments not herein provided for, and not otherwise taxed. They shall have

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power to license the sale of fresh meat and other articles usually sold at the market, or at other places than the markets of the city, and if they deem proper to grade said license according to the amount of sales; provided, however, that in no case shall said license be less than the amount that would be received if said business was conducted at the market or markets of the city. (d) Said City of Eastman shall have authority to levy and collect a license tax on all drummers and itinerant traders doing business in said city, upon all vendors and sellers of any article, goods or merchandise therein who have no permanent places of business therein; to compel the payment of same; to make all suitable laws and regulations necessary and proper to carry out the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Section 27 . Collection of Taxes and Other Charges. All taxes, licenses, fines and other charges due the City of Eastman now be collected as follows: An execution shall be issued by the Clerk of the City directed to the Chief of Police and the members of the police force of said city against the real and personal property of the defaulter and against said defaulter and the said Chief of Police or any member of the police force shall proceed to levy the same, and after advertising the same for sale for four weeks in such newspaper of general circulation as may be designated by formal resolution adopted by the Council, shall sell their property levied on before the Court House door of said county between the legal hours of sale on a regular Sheriff's sale day. It shall be the duty of the Chief of Police or a member of the police force to put up the property and offer the same for sale in parcels until he gets a bid sufficient to pay the taxes due, and shall then knock the property off to the purchaser, make him a deed and put him in possession, as in ordinary Sheriff's sale. Such a sale shall be as effective to pass the title as the deed of the person against whom such execution was issued, but the right of redemption shall exist as in sales for State and county taxes, provided, that in all cases where property has been bought in by said city for taxes, and the title hereof vested in said city. It shall be lawful for the Chairman of Council, with the consent of authorize a reconveyance of said property to the former owners thereof upon the payment by such owners of all the taxes, premiums, penalties and costs due under the process by which same was sold.

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Section 28 . Execution of Documents. All deeds, leases, franchises, contracts and conveyances, except as in this charter otherwise provided, to be made by the City of Eastman, shall be made and executed in the name of the City of Eastman and shall be signed by the Chairman of the City Council, whose signature shall be attested by the City Clerk, under the corporate seal of said City of Eastman. Provided, that no such deed, lease or conveyance shall be so made, executed and signed except after an ordinance or resolution of the Council has been adopted to that end. Execution as herein provided for creates a prima facie presumption that such execution has been duly authorized. Section 29 . Fiscal Year. The fiscal year of the City shall be as fixed by ordinance of the 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 30 . Budget Preparation and Adoption. The 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 Council for its consideration prior to the commencement of the ensuing fiscal year. Section 31 . External Audit. (a) The 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 may be a certified public accountant, or, if an accounting firm is employed, the members thereof may be so certified and thoroughly qualified by training and experience in governmental accounting to perform the audit. (b) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six (6) months after the close of the fiscal

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year. The audit report shall be available to the public. (c) The summary audit shall be published in the newspaper in said city selected by Council for that purpose, and the expense thereof may be paid as other current expense by the City of Eastman. (d) The Council may at any time order an examination or special audit of any office, department, board, commission, or other agency of the City. Section 32 . Creation of Boards and Commissions. (a) Except as prescribed by general law or special Act of the General Assembly, the Council shall have authority to create commissions, councils or boards which shall perform duties prescribed by the Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions and for such other purposes authorized by the Council. (b) Except as otherwise provided by law, the 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 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 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. (c) 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. (d) Any member of the board or commission may be removed from office for cause by a majority vote of the Council. (e) Each board and commission may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinance of the Council, or applicable State Law, as it deems appropriate and necessary for the conduct of its affairs. Section 33 . City Manager. The Council shall appoint a City Manager, who shall be the chief executive officer of the city. He shall be chosen solely on the basis of his executive and administrative qualifications, and need not when appointed be a resident of the city of Eastman or of the State of Georgia. No member of Council shall be chosen as City Manager. The City Manager shall not be

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appointed for a definite term, but shall be removable at the pleasure of the Council, with or without cause. If removed at any time after he has served six months he may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his final removal shall take effect, but pending and during such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of this Act to vest all authority and fix all responsibilities for any such suspension or removal in the Council. In case of the absence or disability of the City Manager, the Council shall designate some qualified person to perform the duties of the office. The Manager shall receive such compensation as may be fixed by the Council. Section 34 . Duties of City Manager. (a) The City Manager shall be responsible to the Council for the proper administration of all the affairs of the city placed in his charge, and to that end shall appoint a City Clerk, who in addition to his duties as such Clerk, shall act as Secretary to the Council and to the City Manager; he shall also appoint a Chief of Police and other necessary police officers, a Chief of the Fire Department, together with such other officers, agents and employees as may in his judgment be necessary for the proper administration of the general government of the city, and he is authorized and empowered to consolidate and combine any two or more of said offices. The Council shall not dictate the appointment of any person to office by the City Manager, nor in any manner interfere with him to prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry the Council shall deal with that part of the administrative service for which the City Manager is responsible solely through such City Manager, and the Council shall not give orders to any of the subordinates of the City Manager either publicly or privately. (b) The City Manager shall at all times have the right to discharge or suspend any officer, agent or employee appointed or employed by him when in his judgment the interest of the city demands same, and from his action or actions, in dealing with officers, subordinates or employees appointed or employed by him, there shall neither be appeal to nor interference by the Council. (c) The City Manager shall enforce and carry into effect all ordinances, rules and regulations passed by the Council. (d) The City Manager shall have the right to be present at all meetings of the Council and to take part in its discussions,

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but he shall have no vote. He shall prepare and submit the annual budget estimate and make such other recommendations to the Council concerning the affairs of the city as may seem to him desirable. (e) The City Manager shall keep and maintain an office in the City Hall, and his office shall be open as directed by the Council. (f) The City Manager shall take and subscribe the following oath: I....., do solemnly swear that I will faithfully perform all of the duties incumbent upon me as Manager of the City of Eastman, to the best of my skill and ability, so help me God. (g) The City Manager shall be the purchasing agent for the city and shall make all contracts of any kind and character to be done for, or in behalf of, the city. All purchases of merchandise or material of less amount than $500.00 and all contracts that may involve a sum less than $500.00 may be made by the City Manager without the approval of the Council, but all purchases of merchandise or material amounting to more than $500.00 and all contracts in which more than $500.00 are involved, shall be subject to the approval of the Council, and the salaries of all employees and officers appointed or employed by the City Manager shall be subject to the approval of the Council. Section 35. Payment of Debts and Report to Council. All obligations of debts of the City of Eastman shall be paid only upon warrants or vouchers issued as authorized by law, and signed on behalf of the City by the City Manager and countersigned by the chairman or vice council of the Council. The City Manager shall make an itemized report in writing to the Council at each regular meeting of all expenditures incurred since the previous regular meeting, which report shall be filed in the minutes of the meetings of the City Council. Section 36. Bonds of Officers. The City Manager and such other officers and employees as the Council may require to do so, shall give bond in such amount and with such surety as may be approved by the Council. Premiums on such bonds may be paid by the City. Section 37. Defense by Officers. Any of the officers of said municipality who may be sued for an act or thing done in his or their official capacity may be justified under this Charter, and the provisions of this Charter may be pleaded, and shall be a full defense to any action brought against any officer, official or

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employee of the City for any act or acts done by them or either of them under and in accordance with its provisions and in accordance with any ordinance passed in pursuance thereof. Section 38. Public Records. All accounts and records of every office and department of the City shall be open to the public at all reasonable times except records and documents from which might be secured information which might defeat the lawful purpose of the officer or department withholding them from access to the public. Section 39. City Attorney and Recorder. (a) The City Attorney and the City Recorder shall be appointed by the Council, and the compensation of each shall be fixed by said Council. They shall be appointed for terms of one year and until their successors shall be appointed and qualified. (b) The City Recorder shall be the Judge of the Recording Court and shall do all things necessary and proper in administering justice in said Court. (c) The City Attorney shall be the legal office of the City, shall be consulted by Council, City Manager and employees of the City on all matters of a legal nature affecting the City, shall advise them on such matters, shall prepare ordinances and documents in which the City is interested, shall not represent any interest adverse to that of the City, shall represent the City or its interests before Courts, boards, commissions and the like, and shall perform such other services of a legal nature as might be directed by Council. Section 40. Absence or Disability of Recorder: Vacancy in Office. In the event of the absence, disqualification or disability of the City Recorder for any cause or during a vacancy in the office, the Chairman of the City Council shall exercise all of the powers and discharge all of the duties of the City Recorder until the return of the City Recorder or the removal of disability or until the vacancy in office has been regularly filled. In event of absence, disqualification or disability of Chairman, when authorized to preside, the Vice-Chairman or some member of the Council selected by him shall preside. Section 41. Recorder's Court. (a) There shall be a court to be known as the Recorder's Court of the City of Eastman, Georgia. (b) The Council shall have full power and authority to adopt all laws and ordinances necessary and proper to secure the operation of said Court.

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Section 42 . 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 $100.00 or ten (10) days in jail, or both. (c) The Recorder's 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 Recorder's 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. (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 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 Recorder, 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 Recorder's 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 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 sentence 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 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 recorder's and police courts.

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Section 43 . Officers of Recorder's Court. The City Manager shall designate the City Clerk to attend all sessions of the Recorder's Court and act as Clerk thereof. The said Clerk shall sign and issue all processes, summons and all attachments, etc. issuing out of said Court, all of which shall bear attest and the name of the recorder. Said Clerk shall keep all records of said Court, receive all fines imposed by said Court and account for the same as may be prescribed by the Council. The police officers of said Court shall be the Chief of Police and all members of said police force of said City, any of whom may execute the mandates of said Court and to whom, in the alternative, all mesne and final process shall be directed. The Chief of Police, or one of the members of the police force, shall attend each session of said Court for the purpose of executing the necessary orders thereof. Section 44 . Appeal to Council. The Council, may in its discretion, provide by ordinance that the chairman of the Council shall be authorized to suspend the sentence of any person convicted in the Recorder's Court for a violation of any city ordinance, law or regulation, until such person shall have an opportunity to appeal to the Council and lay before that body a statement of the facts in his case. The Council shall have the power after a full hearing of said case to commute, remit or suspend said sinner. If such an ordinance should be adopted every appeal from the Recorder's Court to the Council shall be in writing and shall be sworn to by the appellant. Section 45 . Certiorari. The right of certiorari from the decision and judgment of the Recorder's Court shall exist in all criminal cases and such certiorari shall be obtained under sanction of the Judge of Dodge Superior Court upon petition in writing to said judge, to be presented within ten days after the rendition of the decision or judgment complained of, and not thereafter. Such petition shall state the grounds of complaint and shall contain a brief of the evidence had on the trial and shall be duly sworn to. If, upon examination, the Judge of the Superior Court shall consider the petition entitled to the writ of certiorari, it should be his duty to cause such writ to be issued and served on the Recorder, as in other cases under the laws of this State, requiring him to certify and send up to the Superior Court a complete and accurate history of the case as his answer thereto, which shall be subject to correction and traverse as provided for by law. The Superior Court Judge at chambers, or in term time, may hear and determine such traverse as well as the

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certiorari upon which it is based, after ten days' notice to each party, and may then affirm or reverse the decision of the said Recorder's Clerk; provided, however, that no writ shall be granted until the accused shall have paid all costs and filed with his petition an affidavit setting forth that he has been wrongfully and illegally convicted, and shall give good and sufficient bond and security, payable to the City of Eastman, conditioned to answer the judgment of the court, or in lieu thereof shall make affidavit of his inability from poverty to pay the costs and give the bond aforesaid. If the writ of certiorari is granted, the judgment of the Recorder's Court should be suspended until the Judge of the Superior Court shall finally pass upon the case. Section 46. Waterworks. (a) The City of Eastman is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident therein, and the several suburbs thereof, and the management and control of said waterworks is vested in the Council. (b) All income arising from the operation of said waterworks and all the revenue derived therefrom, after paying the necessary operating expenses and the cost of any extension and repairs of said waterworks plant, is hereby appropriated to the payment of the principal and interest of the bonds issued for the purpose of raising money with which to purchase said waterworks, if any such bonds should be issued, and the Council shall never have power to appropriate or use any of said funds for any purpose other than herein specified until the said bonds shall be retired and paid off, or unless there be in existence no bonds of such character. (c) The City of Eastman shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of said system of said waterworks, both in and out of the limits of the City, and the City of Eastman shall have full power and authority to condemn property, both in and out of the city limits, for the purpose of constructing and operating, or extending and operating, a system of waterworks, and shall likewise have power and authority to condemn property both in and out of the City of Eastman for the purpose of constructing and extending the system of sanitary sewers for the City; provided, however, that no private property shall thus be taken without compensation being paid, the method and procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings.

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Section 47. Sale of Waterworks and Real Estate. The waterworks and sewer systems of said City shall not be sold or leased to any person, and no real estate of said City shall be sold, unless by authority conferred by a majority vote of the qualified voters of said City voting in an election to be held for that purpose. The said election shall be called by the City Manager after resolution voted by the Council authorizing said City Manager to call such election and providing for said election to be held. Said election shall be held in the manner prescribed for holding elections in the City of Eastman and shall be held at any time after giving thirty days notice of the call of said election, the time and place of holding such election, said notice to be published once a week for four weeks immediately preceding said election in the official organ of said City. This provision shall not apply to sales of real estate acquired by the City by virtue of sales for taxes. The City of Eastman has had the above charter provision existing prior to January 1, 1976 and has not been changed. Section 48. Franchises. (a) 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 as herein provided. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. The City Council shall provide for the registration of all franchises with the City Clerk in a registration book. (b) All grants, removals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinances or not, shall be subject to the right of the City: (1) To repeal the same by ordinances at any time for misuse or non-use, or failure to begin construction within the time prescribed, or otherwise to comply with the terms prescribed. (2) To require proper and adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest practical standard of efficiency. (3) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates. (4) To prescribe the form of accounts and at any time to examine and audit the accounts and other records of any such utility; but if a public service commission or any other authority shall be given the power by law to prescribe the form of accounts for public utilities

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throughout the State, the form so prescribed shall be controlling so far as they go; but the Council may prescribe more detailed forms for the utilities within its jurisdiction. (5) To impose such other regulations as may be conductive to the safety, welfare and accommodation of the public. (c) All the extensions of public utilities within the city limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable under the same conditions as the original grant. (d) Within six months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the City as may be prescribed by ordinance, certified copies of all the franchises owned or claimed, or under which any such utility is operated. The City shall compile and maintain a public record of all public utility franchises and of all public utility fixtures in the streets and other public places of the City. Section 49. Grant of Franchises. The Council shall not grant renewal or extend any public utility franchise for and on behalf of the City of Eastman until the same has been approved by a majority of the voters of the City of Eastman, voting at an election called for that purpose as now provided by law. Said election shall be called by the City Manager after resolution voted by the Council authorizing the City Manager to call such election and providing for said election to be held. Said election shall be held at any time after thirty days notice of the call of the election and said notice shall be published once a week for four weeks immediately preceding said election in the official organ of said City and shall plainly specify the time and place of said election and the offer for the grant, renewal or extension of any public utility franchise. Section 50. Persons Holding Office Retained. All persons holding office at the time this Charter takes effect, whether elected or appointed, shall continue in office and in the performance of their duties until provisions shall have been made, in accordance with the provisions of this Charter, for the performance of such duties or the discontinuance of such offices. The power conferred and the duties imposed by law upon any officer, commission, board or department

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of the City abolished by this Charter shall, upon the taking effect thereof, be exercised and discharged by the officer or department designated by the Council, unless otherwise provided herein. Section 51. Existing Contracts and 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. (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 City Manager and Council and administrative regulations consistent therewith. Section 52. Existing Ordinances to Remain in Force. This Act shall not abolish any of the ordinances of the present City Manager and Council of the City of Eastman now in force except where they may be in conflict with the provisions of this Act, but all such ordinances shall remain in force in the City of Eastman in the same manner and to the same effect as the same were of force under the authority of the City Manager and Council of the City of Eastman until they are changed, modified or repealed by the authority of the City of Eastman. Section 53. 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 54. 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 55. Severability. That if any section or part of a section of this Charter proves invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any

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other section or part of a section of this Charter unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon the section or part of a section so held unconstitutional or invalid. Section 56. Existing Acts Not in Conflict Retained. All the Acts of the General Assembly of Georgia creating and amending the Charter of the City Manager and Council of the City of Eastman or of the City of Eastman now in force and that are not in conflict with this Act, shall be held and construed as a part of the Charter of the City of Eastman until modified, changed or repealed. Those in conflict are hereby repealed. Notice of Intention to Apply For Local Legislation. Notice is given that the undersigned has the intention to apply for local legislation at the 1979 session of the General Assembly of Georgia and that he will introduce a bill to be entitled an Act to create a new charter for the City of Eastman; to consolidate the Acts relating to the rights of powers of the said corporation; to enact amendments thereto, and for other purposes. This January 17, 1979. Terry Coleman Representative, 118th District Georgia, Dodge County. I, Joe Roberts, do certify that I am the publisher of the Times-Journal Spotlight, the newspaper in which the sheriff's advertisements for the county of Dodge are published and that the foregoing Notice of Intention to Apply for Local Legislation was published in said Times-Journal Spotlight in the issues thereof appearing on January 24 and 31, and February 7, 1979. /s/ Joe Roberts Publisher Times-Journal Spotlight

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Sworn to and subscribed before me, this February 9, 1979. /s/ Debbie Connell Notary Public. My Commission Expires Dec. 9, 1982. (Seal). Approved April 11, 1979. COBB COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 423 (House Bill No. 1022). AN ACT To amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. Laws 1949, p. 790), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4025), so as to change the provisions relating to the compensation of the tax commissioner and his chief 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 consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. Laws 1949, p. 790), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4025), is hereby amended by striking from Section 3 the following: $23,000.00 per annum,

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and inserting in lieu thereof the following: $24,600.00 per annum through December 31, 1979, and the salary of the tax commissioner shall be $26,200.00 per annum effective January 1, 1980, and thereafter,, and by further striking from said Section 3 the following: $20,500.00 per annum, and inserting in lieu thereof the following: $22,100.00 per annum through December 31, 1979, and the salary of the chief clerk shall be $23,700.00 per annum effective January 1, 1980, and thereafter, so that when so amended, Section 3 shall read as follows: Section 3. The salary of said tax commissioner shall be $24,600.00 per annum through December 31, 1979, and the salary of the tax commissioner shall be $26,200.00 per annum effective January 1, 1980, and thereafter, to be paid monthly from the funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $22,100.00 per annum through December 31, 1979, and the salary of the chief clerk shall be $23,700.00 per annum effective January 1, 1980, and thereafter, to be paid monthly from the funds in the county treasury. Any candidate for the office of Tax Commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or a general election, certify to the Judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of Tax Commissioner of Cobb County, and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the Tax Commissioner of Cobb County shall have thirty days from said date of death or removal from office of said chief clerk to certify to the Judge of the Probate Court of Cobb County the name of the chief clerk to be appointed by him. Section 2. This Act shall become effective on the first 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 1979 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 7911), as amended, and for other purposes. This 23rd day of February, 1979. Joe Thompson Senator, 32nd District Roy E. Barnes Senator, 33rd District Haskew B. Brantley, Jr. Senator, 56th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Harrison 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: February 16, 23, 1979 and March 2, 1979. /s/ Carl Harrison Representative, 20th District

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Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. WAYNE COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 425 (House Bill No. 1026). AN ACT To amend an Act placing the Sheriff and Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, so as to provide additional compensation to the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff and Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, is hereby amended by adding between Sections 3 and 4 a new Section 3A to read as follows: Section 3A. In addition to the salary received by the clerk of the superior court as provided by this Act or by general law, the clerk shall receive a supplement to such salary of $100.00 per month to be paid from 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly, a bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County upon a salary basis in lieu of a fee basis of compensation, approved March 19, 1959 (Ga. L. 1959, P. 3031), as amended, so as to provide for the setting the salary of the Clerk of Superior Court; to provide for setting the salary of the Clerk of State Court; to provide for setting the salary of the Clerk of Juvenile Court; to provide for the appointment of a Chief Deputy Clerk, Deputy Clerks and other personnel; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. This 9th day of January, 1979. Stetson Bennett, Jr. Clerk Superior Court 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 organ of Wayne County, on the following dates: January 18, 25, 1979 and February 1, 1979. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

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THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED. No. 623 (House Bill No. 515). AN ACT To amend an Act known as The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), so as to change the provisions relating to determination of scope and standards of certain services; to provide that transit operating revenues shall be a certain percentage of operating costs of the system; to provide for conditions; to provide for differences in amounts to be charged for services; to provide for definitions; to provide for additional limitations; to provide that the per-hour rates, fares, rentals, and charges by the Metropolitan Atlanta Rapid Transit Authority for charter, group, and party bus services rendered by it shall be no less than the lowest per-hour rates, fares, rentals, and charges actually charged by charter, group, and party bus services provided by motor common carriers and motor contract carriers in the metropolitan area; to provide for review of said rates, fares, rentals, and charges; to provide that the retail sales and use tax authorized by the Act shall continue at the rate of one (1%) percent until June 30, 1997; to provide legislative intent; to provide for the reduction of such tax to one-half of one percent (1/2%) thereafter; to provide that after July 1, 1997, no more than sixty (60%) percent of the annual proceeds of said tax shall be used to subsidize the operating costs of the system;

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to provide that the tax shall apply to the sale and use of motor fuel; to provide that commencing July 1, 1997, and for every year thereafter the proceeds of the tax shall not be used to subsidize operations of the transit system to an extent greater than fifty (50%) percent of the operating costs of the system; to provide for the use of proceeds of certain taxes, bonds, and certificates so as to specify certain purposes and a certain order of priorities; to provide certain limitations on the use of the proceeds of the tax; to provide for construction; to provide for other matters relative to the foregoing; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intent of the General Assembly, through the passage of this Act, to provide funding for and to require, subject to contractual and constitutional limitations, the construction and operation by the Metropolitan Atlanta Rapid Transit Authority of that portion of the rail system described in the Rapid Transit Contract and Assistance Agreement by and between the Authority, the counties of Fulton and DeKalb, and the City of Atlanta, dated September 1, 1971, as amended, which extends from the City of Doraville, Georgia, to the new mid-field terminal in Clayton County, Georgia, at the Hartsfield International Airport, giving equal priority to extending the rail system to serve the City of Doraville and the Hartsfield International Airport. It is not the intent of the Act to unlawfully impair the obligation of any bond contract in effect on the effective date of this Act or to restrict the use of funds other than as is necessary to the intent of this Act. Section 1A. It is the intent of the General Assembly that federal or State funds allocated to the Transportation Department of Georgia for highway construction shall not be used for the construction or operation of the Metropolitan Atlanta Rapid Transit System. Section 2. An Act known as The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga.

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Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), and an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), is hereby amended by striking in its entirety subsection (m) of Section 8, which reads as follows: (m) The power to fix, alter, charge and collect fares, rates, rentals and other charges for its facilities by zones or otherwise at reasonable rates to be determined exclusively by the Board, subject to judicial review as hereinafter provided., and inserting in lieu thereof the following: (m) Except with regard to fixing, altering, charging, and collecting fares for charter, group, and party bus services, as provided in Section 9(f) of this Act, the power to fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities by zones or otherwise at reasonable rates to be determined exclusively by the Board, subject to judicial review as hereinafter provided. Section 3. Said Act is further amended by striking from the first sentence of subsection (c) of Section 9 the following: facilities, and the scope and standards of service, and inserting in lieu thereof the following: and facilities, and by adding in the first sentence of subsection (c) of Section 9, after the following: available to the public and,

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the following: , except for the rates, fares, rentals, and charges for charter, group, and party bus services as provided in subsection (f) of this Section,, and by striking in the second sentence thereof, the following: to be charged therefor, and inserting in lieu thereof the following: to be charged for such services, other than amounts charged for charter, group, and party bus services, so that when so amended, said subsection (c) shall read as follows: (c) The Board shall determine by itself exclusively after public hearings as hereinafter provided, the routes, types of construction, equipment, and facilities to be operated by the Authority, the scheduled services to be made available to the public and, except for the rates, fares, rentals, and charges for charter, group, and party bus services as provided in subsection (f) of this Section, the amounts to be charged therefor. Before making any determinations as to scheduled services or amounts to be charged for such services, other than amounts charged for charter, group, and party bus services, the Board shall first hold at least one public hearing after giving notice of the time and place by twice advertising on different days in the newspaper having the largest circulation in the metropolitan area not more than ten days nor less than five days prior to the hearing. As to all other matters, the Board may hold such public hearings as it may deem appropriate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Act. Section 4. Said Act is further amended by striking subsection (e) of Section 9 in its entirety, which reads as follows: (e) The function of the Board under subsection (c) and (d) shall not be delegated or exercised by any other person or body under any circumstances.,

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and inserting in lieu thereof a new subsection (e), to read as follows: (e) Except for determining the rates, fares, rentals, and charges for charter, group, and party bus services as set forth in subsection (f) of this Section, the function of the Board under subsection (c) and (d) shall not be delegated or exercised by any other person or body under any circumstances. Section 5. Said Act is further amended by adding at the end of Section 9 three new subsections, to read as follows: (f) Notwithstanding any other provisions of this Act to the contrary, the per-hour rates, fares, rentals, and charges for charter, group, and party bus services rendered by the Authority shall be no less than the lowest per-hour rates, fares, rentals, and charges actually charged for charter, group, and party bus services provided by motor common carriers and motor contract carriers in the metropolitan area. Any person aggrieved by any determination of the Board as to any rates, fares, rentals, and charges for charter, group, and party bus services may challenge same by a petition filed, within thirty days of the occurrence of the event or determination complained of, with the Public Service Commission of this State. A hearing, and such other proceedings as may be ordered, upon the aggrieved party's complaint shall be conducted by the Public Service Commission within thirty days after the filing of the complaint in order to determine the lawfulness of the challenged conduct or rates, fares, rentals, and charges for charter, group, and party bus services. The rulings of the Public Service Commission shall be subject to judicial review in any superior court of any county of the metropolitan area in which the charge may be applicable, however, whenever two or more legal actions are brought against the determination of the Public Service Commission in different superior courts, exclusive jurisdiction thereof shall be vested in the first such court to docket such a petition and all other petitions may be refiled in the superior court having exclusive jurisdiction. (g) Not later than 120 days after the end of each fiscal year, the Board shall adopt and publish standards of bus service for the Authority's current fiscal year for Fulton and DeKalb counties including, but not limited to, such service within the City of Atlanta. The Board may hold public hearings, as it may deem appropriate, prior to the adoption and publication of such standards

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and may prescribe rules and regulations to govern such hearings not inconsistent with this Act. (h) (1) Notwithstanding any other provisions of this Act to the contrary, not later than 120 days after the end of each fiscal year of the Authority, the Board shall adjust the amounts to be charged for transportation services to the public so that the total funds to be received from transit operating revenue during the fiscal year of the Authority ending June 30, 1980, shall be no less than thirty percent of the operating costs of the system for the immediately preceding fiscal year, and so that the total funds to be received from transit operating revenue during the fiscal year ending June 30, 1981, and for each fiscal year thereafter shall be no less than thirty-five percent of the operating costs of the system for the immediately preceding fiscal year. In making such adjustments, the Board shall be authorized to rely upon estimates of all revenue, patronage, and other factors which may affect the amounts to be charged for transportation services to the public; provided, if such amounts actually charged during one fiscal year resulted in transit operating revenue less than that required under this subsection, the amounts to be charged the immediately succeeding fiscal year shall be sufficient, along with all other transit operating revenue, to make up such deficit as well as meet the other requirements of this subsection. (2) Any differences between amounts charged for various transportation services to the public including, but not limited to, amounts charged for weekend or off-peak hours' service, or amounts charged special groups of persons, shall be approved by at least a two-thirds' vote of the total membership of the Board as it may exist at the time. (3) Nothing in this subsection (h) shal be construed to change any limitation relating to the subsidy of operating costs of the system under Section 25(i) of this Act if such limitation would require increasing transit operating revenue above the amount provided in this subsection. (4) For purposes of this subsection (h), `transit operating revenue' means all fees, user charges, contract payments, or other monies or income received or derived by the Authority from the operation of a transportation system, as defined in Section

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2(g) of this Act, but shall not mean any funds derived from the sales and use tax authorized in Section 25 of this Act, nor any funds provided by the federal government under the Urban Mass Transportation Act of 1964 (P. L. 88-365), as amended, nor any other such revenue not clearly received or derived from the operation of the transportation system; and `operating costs' means `operating costs of the system,' as defined in Section 25(i) of this Act, and exclusive of depreciation and amortization. Section 6. Said Act is further amended by adding in subsection (b) of Section 21, after the following: Public Service Commission of this State,, the following: except as provided in Section 9(f) of this Act, and, so that when so amended, said subsection shall read as follows: (b) The Authority shall also be exempt from any regulation by the Public Service Commission of this State, except as provided in Section 9(f) of this Act, and except that when any proposed action of the Authority, or any local government on behalf of the Authority, may place a public utility, railroad, or public service corporation in violation of the requirements of the Commission, or create the need for collaboration with respect to compliance with the requirements of the Commission, the Authority shall obtain the Commission's cooperation and approval of the proposed action. In such matters and particularly with respect to the matters contemplated in Section 8(j), the Commission shall cooperate with the Authority to accomplish the purposes and policies of this Act. Section 7. Said Act is further amended by striking in the first sentence of subsection (b) of Section 25, the following: for the first ten years following the effective date of the tax, and substituting in lieu thereof the following: until June 30, 1997,,

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so that when so amended, said subsection shall read as follows: (b) Rate of Tax. The tax when levied shall be at the rate of one (1%) percent until June 30, 1997, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected. Section 8. Said Act is further amended by adding at the end of subsection (a) of Section 25 the following: Provided further that the tax authorized to be levied herein shall apply, any law to the contrary notwithstanding, to the retail sale, rental, storage, use, or consumption of motor fuel as the term `motor fuel' is defined by Code Section 92-1402 or, after January 1, 1980, by Code Section 91A-5002., so that when so amended subsection (a) shall read as follows: Authority to Tax. Each of the local governing bodies of those local governments referred to and defined in Section 2 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. Laws 1965, p. 2243), as amended, which shall hereafter pursuant to the provisions of said Act enter into a rapid transit contract with the Metropolitan Atlanta Rapid Transit Authority that has become final and binding upon its local government by compliance with the provisions of Section 24 of said Act and approval of the voters as therein required shall be authorized to levy a retail sales and use tax upon the retail purchase, retail sale, rental, storage, use or consumption of tangible personal property, and the services described and set forth in Ga. Laws 1951, p. 360, as amended, on sales, uses and services rendered, in the geographical area governed by such local government. Provided, however, the tax herein authorized shall not be levied by any local government unless the same is also levied in the geographical areas of Fulton and DeKalb counties. The tax imposed shall correspond, so far as is practicable, except as to rate, with the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended,

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and as it may be from time to time amended. Provided, however, that 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 geographical area governed by any of the local governments imposing the tax, 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 or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. Provided further that the tax authorized to be levied herein shall apply, any law to the contrary notwithstanding, to the retail sale, rental, storage, use, or consumption of motor fuel as the term `motor fuel' is defined by Code Section 92-1402 or, after January 1, 1980, by Code Section 91A-5002. Section 9. Said Act is further amended by striking from the first sentence of subsection (i) of Section 25, the following: January 1, 1983,, and inserting in lieu thereof the following: July 1, 1997,, and by striking from said sentence the following: January 1 of the eleventh full year after the effective date of the tax, and inserting in lieu thereof the following: July 1, 1997,, so that when so amended, said subsection shall read as follows: (i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of

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the system, exclusive of depreciation and amortization, until July 1, 1997, after which time no more than sixty (60%) percent of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and amortization, and that commencing with July 1, 1997, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation and amortization. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. The words `operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of these divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction and improvement of the rapid transit system, according to accepted principles of accounting. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, constructing, or improving the rapid transit system and are invested, then all interest earned from such investments shall be used only for planning, designing, acquiring, constructing, or improving the rapid transit system or for paying the principal of or interest on bonds or certificates issued for such purposes. Section 10. Said Act is further amended by adding after subsection (j) of Section 25 a new subsection (k), to read as follows: (k) The Authority shall use the proceeds of the tax levied pursuant to this Act and the proceeds from bonds or certificates issued

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by the Authority for the following purposes and in the following order of priorities: First, for the purposes and in the manner required by any trust indenture or other agreement with or for the benefit of bondholders, including payment of the principal of or premium or interest upon bonds or certificates issued by the Authority or to create a reserve for that purpose; second, to pay the operating costs of the system as defined in subsection 25(i) of this Act and to complete and operate those portions of the Authority's rapid transit system defined as Phase `A' in those contracts existing on the effective date of this Act between the Authority and the Urban Mass Transportation Administration of the United States Department of Transportation; and third, to construct, complete, and operate that portion of the rail system described in the Rapid Transit Contract and Assistance Agreement by and between the Authority, the counties of Fulton and DeKalb, and the City of Atlanta, dated September 1. 1971, as amended, which extends from the City of Doraville, Georgia, to the new mid-field terminal in Clayton County, Georgia, at the Hartsfield International Airport, giving equal priority to extending said rail system to serve the City of Doraville and the Hartsfield International Airport. This subsection (k) shall not be construed to change either any limitations upon the use of the proceeds of the tax levied pursuant to this Act imposed by subsection (i) of this Section 25 or any limitations upon the use of the proceeds of bonds or certificates issued by the Authority imposed by this Act. The provisions of this subsection shall not be construed so as to prohibit the Authority from utilizing its available revenues for technical studies. Section 11. Said Act is further amended by adding after subsection (k) of Section 25 a new subsection (l), to read as follows: (l) Any other provision of this Act to the contrary notwithstanding, after July 1, 1980, not less than fifty percent (50%) of the annual proceeds of the tax authorized to be levied by this Act shall be used for the purposes and in the manner required by any trust indenture or other agreement with or for the benefit of bondholders, including payment of the principal of or premium or interest upon bonds or certificates issued by the Authority or to create a reserve for that purpose and, for the payment of the cost of a rapid transit system or project as defined in Section 2(j) of this Act, and such fifty percent (50%) of the proceeds shall be used only for the purposes provided by this subsection (l).

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Section 12. 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 13. This Act shall become effective upon July 1, 1979, except that Section 10 of this Act shall become effective April 1, 1982. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 12th day of December, 1978. John W. Greer Representative, 43rd District 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

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is the official organ of Fulton County, on the following dates: December 13, 20, and 27, 1978. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson 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 will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 12th day of December, 1978. John W. Greer Representative, 43rd District 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 News Daily which is the official organ of Clayton County, on the following dates: December 26, 1978, January 2, 1979 and January 9, 1979. /s/ John W. Greer Representative, 43rd District

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Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson 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 will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 12th day of December, 1978. John W. Greer Representative, 43rd District 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 Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 15, 22 and 29, 1979. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 12th day of December, 1978. John W. Greer Representative, 43rd District 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 Decatur-DeKalb News Legal Review which is the official organ of DeKalb County, on the following dates: December 21, 1978, December 28, 1978 and January 4, 1979. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 15th day of January, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 12th day of December, 1978. John W. Greer Representative, 43rd District 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 Home Weekly which is the official organ of Gwinnett County, on the following dates: January 17, 1979, January 24, 1979 and January 31, 1979. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Carolyn H. Norris Notary Public. (Seal). Approved April 16, 1979.

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DEKALB COUNTY GOVERNMENT REORGANIZATION COMMISSION. No. 629 (Senate Bill No. 185). AN ACT To create the DeKalb County Government Reorganization Commission; to provide for the membership of said Commission; to provide for the organizational meeting of the Commission; to provide for the election of officers; to provide for filling vacancies; to provide for the adoption of bylaws and rules and regulations; to provide for the employment of staff and clerical personnel; to provide for a budget for the Commission; to provide that the funds necessary for the operation of the Commission shall come from the funds of DeKalb County; to provide that the Commission shall have the duty and responsibility of preparing a plan for the reorganization of the DeKalb County government; to provide for the presentation of the proposed reorganization plan; to provide for the abolishment of the Commission; 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. (a) There is hereby created the DeKalb County Government Reorganization Commission, hereinafter referred to as the Commission. The Commission shall be composed of twenty-nine residents of DeKalb County as follows: (1) There members appointed by Goals for DeKalb, a nonprofit, nonpolitical citizens' league of DeKalb County. (2) Three members appointed by the former members of the DeKalb County Government Study Committee created by Senate Resolution 97, Resolution Act No. 36 (Ga. Laws 1977, p. 4532), adopted at the 1977 session of the General Assembly. (3) Two members appointed by the DeKalb County League of Women Voters.

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(4) One member appointed by the DeKalb County Junior League. (5) One member appointed by the DeKalb County Chamber of Commerce. (6) One member appointed by the Decatur-DeKalb County Bar Association. (7) One member appointed by the DeKalb County Democratic Party. (8) One member appointed by the DeKalb County Republican Party. (9) One member appointed by the DeKalb County Municipal Association. (10) One member appointed by the DeKalb County Chapter of the National Association for the Advancement of Colored People. (11) One member appointed by Chairman of the Board of Commissioners of DeKalb County. (12) One member elected by majority vote of the members of the Board of Commissioners of DeKalb County other than the Chairman. (13) Twelve members elected by the DeKalb County legislative delegation to the General Assembly as follows: (A) Three members shall be elected by a majority vote of the Republican members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County. (B) Three members shall be elected by a majority vote of the Democratic members of the Senate whose Senatorial Districts lie wholly or partially within DeKalb County.

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(C) Two members shall be elected by a majority vote of the Republican members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County. (D) Four members shall be elected by a majority vote of the Democratic members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County. (b) Each organization named by paragraphs (1) through (10) of subsection (a) of this Section shall determine the manner in which said organization shall appoint its respective members of the Commission. (c) None of the members appointed or elected to the Commission shall hold any elective State office or any elective or appointive office as an officer or employee of the DeKalb County government or as an officer or employee of any other political subdivision lying wholly or partially within DeKalb County. No person who has formerly served as a member of the governing authority of DeKalb County shall be appointed or elected as a member of the Commission. (d) The members of the Commission elected pursuant to paragraph (13) of subsection (a) of this Section shall be elected by not later than the first Monday in April, 1979, and it shall be the duty of the respective Chairmen of the DeKalb County Senate and House legislative delegations to call a meeting of said respective delegations at the State Capitol at least one week prior to said date in order that the election of said members may be made before said date. (e) All remaining members of the Commission shall be elected or appointed by the electing or appointing authority by not later than the first Monday in April, 1979, `and it shall be the duty of said electing or appointing authorities to elect or appoint their respective members prior to said date. (f) In the event any member of the Commission fails to attend three consecutive meetings of the Commission, his position on the Commission shall thereby become vacant and shall be filled as hereinafter provided.

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Section 2. (a) Immediately after all members of the Commission have been designated pursuant to Section 1 of this Act, it shall be the duty of the electing or appointing authorities to submit the names and addresses of the members of the Commission to the Secretary of the State Senate. From such list of the names and addresses submitted to the Secretary of the Senate, it shall be the duty of the President of the Senate or a State Senator designated by the President of the Senate to call the organizational meeting of the Commission for the second Monday in April, 1979. The President of the Senate or the State Senator designated by him shall preside at said organizational meeting only until a Chairman is elected, and the election of a Chairman shall be the first order of business. The Chairman and all other officers of the Commission shall be elected by a majority vote of the total membership of the Commission. After the election of a Chairman, the next order of business shall be the election of a Vice Chairman, Secretary, and such other officers as the Commission deems necessary and appropriate. The Vice Chairman shall have the full authority of the Chairman in the Chairman's absence. Fifteen members of the Commission shall constitute a quorum for the transaction of business, but on the adoption of the plan for the reorganization of the DeKalb County government, as hereinafter provided, a majority of the total membership of said Commission shall be required. (b) In the event of a vacancy on the Commission, the vacancy shall be filled in the same manner as the original members of the Commission by the original electing or appointing authority. No vacancy shall impair the authority of the Commission to carry out its duties under this Act. (c) Except as otherwise provided by this Section, the Commission shall have the authority to adopt bylaws and rules and regulations governing its operation and may further organize such subcommittees as it deems necessary and appropriate. (d) Members of the Commission shall serve without compensation but shall be reimbursed for travel expenses at the rate of fifteen cents per mile for traveling to and from meetings of the Commission and public hearings held by the Commission. Section 3. Subject to budgetary limitations hereinafter provided, the Commission shall be authorized to employ such staff and

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clerical personnel as may be necessary for it to efficiently and effectively carry out its duties and responsibilities under this Act. Section 4. (a) As soon as practicable after the organizational meeting, it shall be the duty of the Commission to prepare a budget covering its entire period of operation (April 9, 1979, through December 31, 1979). Said budget shall show in detail anticipated expenditures for all employees of the Commission, office rent, supplies, equipment, printing, and other incidental expenses. It shall be the duty of the Board of Commissioners of DeKalb County to cooperate fully with the Commission in avoiding any unnecessary expenditures by the Commission. The Commission shall not budget in excess of $18,000.00 for its entire period of operation, and the governing authority of DeKalb County shall not expend more than $18,000.00 for the operation of the Commission during its entire period of operation. (b) When prepared, the budget shall be submitted to the Board of Commissioners of DeKalb County for review and approval or rejection. In the event the budget is rejected by the Board of Commissioners, the Commission shall make such amendments to the budget as may be directed by the Board of Commissioners and resubmit the budget to the Board of Commissioners for adoption. Once adopted, the budget may be amended from time to time, if necessary, but only with the approval of the Board of Commissioners. (c) The funds necessary for the operation of the Commission shall come from the funds of DeKalb County, and it is hereby declared that the expenditure of such funds is for a public purpose and for a necessary governmental function. Section 5. (a) It shall be the duty of the Commission to prepare a plan for the reorganization of the DeKalb County government to the end that the government of DeKalb County, when reorganized, shall provide more efficient and effective delivery of governmental services for the citizens of DeKalb County and shall be representative of the citizens of said county and responsive to the wishes of said citizens. (b) In making its study and recommendations, the Commission shall be guided by the powers granted to the General Assembly and

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to the people of DeKalb County by the amendment to the Constitution ratified at the 1978 general election (Resolution Act No. 125, as set forth in Ga. Laws 1978, p. 2370) relating to the reorganization of the DeKalb County government. (c) In addition to the aforementioned constitutional amendment, the Commission shall refer to previous studies of the DeKalb County government and to recommendations made in connection with such studies. The Commission shall refer specifically to the following reports and studies: (1) The 1978 report entitled: Task Force IIIFinal Report: Structuring for Leadership in DeKalb County Government by Goals for DeKalb. (2) The 1977 report entitled: Report of the DeKalb County Government Study Committee by the Committee of the same name which was created by Senate Resolution 97, Resolution Act No. 36 (Ga. Laws 1977, p. 4532), adopted at the 1977 session of the General Assembly. (d) In addition to the foregoing resources, the Commission shall have complete authority to gather information from whatever source it deems necessary or appropriate, within budgetary limitations, to enable it to carry out its duties under subsection (a) of this Section. State officials and employees shall be authorized to provide information and assistance to the Commission to enable the Commission to carry out its duties under this Act. (e) During the course of its study, the Commission shall hold such number of public hearings within DeKalb County as the Commission deems necessary or appropriate to fully inform the citizens of DeKalb County of the work of the Commission and to obtain the opinions of said citizens relative to the reorganization of the DeKalb County government. The Commission shall publicize the time, place, date, and purpose of each such public hearing in advance of the date of each such public hearing. Section 6. (a) The Commission shall complete its studies and deliberations by November 1, 1979, and shall issue its final report setting forth its plan for the reorganization of the DeKalb County government by said date. Said report shall include a detailed explanation

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of said plan for the reorganization of the DeKalb County government. In addition, said report shall include as an attachment thereto drafts of any proposed legislation necessary to implement the plan for the reorganization of the DeKalb County government which is proposed by the Commission. (b) Each member of the Board of Commissioners of DeKalb County and each member of the General Assembly whose senatorial or representative district lies wholly or partially within DeKalb County shall be presented with a copy of the Commission's report by November 1, 1979. (c) During the month of November 1979, the Commission shall meet at least twice with the members of the DeKalb County Senate and House legislative delegations for the purpose of considering the Commission's report. The Chairman of the Commission shall coordinate the date, time, and place of such meetings with the respective Chairmen of the DeKalb County Senate and House legislative delegations, and said Chairmen of said legislative delegations shall call meetings of said delegations to meet with the Commission as provided herein. (d) In addition to the distribution required by subsection (b) of this Section, it shall be the duty of the Commission to have a sufficient quantity of its report printed for wide distribution to interested citizens of DeKalb County and to interested civic organizations of DeKalb County. It shall be the further duty of the Commission to notify the news media serving DeKalb County of the issuance and availability of the Commission's report and to invite interested persons to obtain a copy of said report. Section 7. The Commission shall stand abolished on December 31, 1979. Section 8. 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 1979 session of the General Assembly of Georgia, a bill or resolution to create a DeKalb County Government Study Commission and to provide for any matters relative thereto; and for other purposes. This 9th day of January, 1979. Robert H. Bell Senator Fifth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert H. Bell 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 Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 11, 18 and 25, 1979. /s/ Robert H. Bell Senator, 5th District Sworn to and subscribed before me this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 17, 1979.

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BLECKLEY COUNTYCOMMISSIONER'S EXPENSE ALLOWANCE. No. 645 (House Bill No. 713). AN ACT To amend an Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. Laws 1913, p. 345), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3944), so as to change the provisions relative to the expense allowance of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. Laws 1913, p. 345), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3944), is hereby amended by striking from subsection (a) of Section 9 the following: one hundred fifty dollars ($150.00), and inserting in lieu thereof the following: two hundred fifty dollars ($250.00), and by striking from said subsection the following: ; provided, that the payment of such expense allowance shall be made only upon receipt of an itemized accounting of such expenses, so that when so amended subsection (a) of Section 9 shall read as follows: (a) The Commissioner of Bleckley County and his successors in office shall receive twelve thousand dollars ($12,000.00) per annum, payable in equal monthly installments, plus an allowance for expenses incurred in the performance of the duties as commissioner

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in an amount not to exceed two hundred fifty dollars ($250.00) per month. The salary and expense allowance herein provided shall be the total compensation to be received by the Commissioner of Bleckley County and said sums shall be paid to the commissioner by the fiscal authority of said county from the funds of Bleckley County on a semimonthly or monthly basis as may be determined by said commissioner. Section 2. This Act shall become effective on the first 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 1979 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. Laws 1913, p. 345), as amended; and for other purposes. This 22nd day of January, 1979. Ben Jessup Representative, 117th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: January 24, 1979, January 31, 1979 and February 7, 1979. /s/ Ben Jessup Representative, 117th District

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Sworn to and subscribed before me, this 14th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 17, 1979. CITY OF ODUMELECTIONS, ETC. No. 657 (House Bill No. 902). AN ACT To amend an Act creating a new charter for the City of Odum, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3044), as amended, so as to change the provisions relative to the election of the mayor and councilmen; to provide for the construction of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Odum, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3044), as amended, is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. An election for a mayor and five councilmen shall be held on the second Wednesday in December 1979 and every two years thereafter on the same day. The elections hereunder shall be held and conducted in accordance with the provisions of Code Title 34A, known as the `Georgia Municipal Election Code,' as now or hereafter amended.

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Section 2. This Act shall not be construed to alter or abolish the terms of office of the Mayor and Councilmen of the City of Odum holding office on the date this Act becomes effective, and such Mayor and Councilmen shall continue to hold office until the expiration of their regular terms of office. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Odum, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3044), as amended; and for other purposes. This 2nd day of Jan., 1978. /s/ Joel R. Greene Representative, 138th District 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 organ of Wayne County, on the following dates: January 11, 18 and 25, 1979. /s/ Joel R. Greene Representative, 138th District

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Sworn to and subscribed before me, this 23rd day of February, 1979. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved April 17, 1979. URBAN RESIDENTIAL FINANCE AUTHORITY ACT FOR LARGE MUNICIPALITIES (400,000 OR MORE). No. 663 (House Bill No. 494). AN ACT To create an Authority for each municipality of this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census, to be known as an Urban Residential Finance Authority; to provide for a short title; to provide for legislative findings and a declaration of public necessity; to provide for definitions; to provide for the creation of the Authority; to provide for membership to the board of the Authority; to provide for the powers and duties of the Authority; to provide for loans from the Authority; to provide for loans by the Authority to lending institutions for relending to eligible households seeking to purchase homes; to provide for the purchase of mortgages by the Authority; to provide for the investment of monies of the Authority; to provide certain criteria or considerations to govern the exercise of administrative discretion by the Authority, particularly in the purchase of loans from lending institutions and in determining the eligibility of persons and families to benefit from this Act; to authorize the Authority to pledge assets, funds and property of the Authority; to provide for reserve funds; to provide that bonds issued by the Authority shall not be general obligations of the State; to provide the Authority shall not compete with the Georgia Residential Finance Authority; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Short Title. This Act shall be known and may be cited as the Urban Residential Finance Authorities Act for Large Municipalities. Section 2. Legislative Findings and Declaration of Public Necessity. It is hereby found, determined and declared: (a) That there exists within the large municipalities of the State a serious shortage of decent, safe and sanitary housing which a significant portion of the persons and families residing or desiring to reside in such municipalities can afford. This shortage is inimical to the safety, health and welfare of the residents of this State and the sound growth of its large municipalities. The cost of financing the ownership and rehabilitation of housing in such municipalities is a major factor affecting the ability of a person to obtain decent and safe housing therein. In order to remedy such housing shortages, it is necessary to implement a public program to reduce the cost of financing for the acquisition and rehabilitation of housing, in order to make the acquisition of housing feasible for all persons and families residing or desiring to reside in the large municipalities of the State. (b) That it is necessary and essential that public corporations be created for such large municipalities of the State to directly, or indirectly through qualified lending institutions, make loans at rates below market to finance either the acquisition or rehabilitation or both of residential housing and to acquire mortgages in order to encourage investment in and upgrade urban areas. (c) That it is necessary and in the best interests of the State to provide loans at rates below market for the acquisition and rehabilitation of housing which will: (1) provide for and promote the public health, safety and welfare in the large municipalities of the State; (2) reduce unemployment and encourage the increase of industrial and commercial activities and economic development in said large municipalities;

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(3) provide for the efficient and well-planned growth and development of said large municipalities, including the elimination and prevention of slum areas and blight, and the proper coordination of industrial facilities with public services, mass transportation facilities and residential development by providing an incentive for home ownership within the geographical limits of said large municipalities; (4) assist persons and families in acquiring and owning decent, safe and sanitary housing within the geographic limits of said large municipalities which they can afford; (5) promote the integration of families of varying economic means in said large municipalities; and (6) preserve and increase the tax base of said large municipalities. (d) Accordingly, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience and welfare, to assist in providing financing for either the acquisition or rehabilitation or both of housing in the large municipalities of the State and the creation of public corporations and instrumentalities of the State is the most feasible method by which the State can accomplish the aforesaid public purposes. Section 3. Definitions. Unless a different meaning is required by the context, the following terms as used in this Act shall have the meanings hereinafter respectively ascribed to them: (a) Authority means any public corporation created by this Act. (b) Bonds means any bonds, including refunding bonds, or notes or other obligations, authorized to be issued by an Authority pursuant to the provisions of this Act. (c) Rehabilitation costs means the total of all costs incurred by eligible households in the rehabilitation of residential housing, which are approved by an Authority as reasonable and necessary, which costs shall include, but not necessarily be limited to, the following: cost of site preparation and development; fees for architectural,

Page 4665

engineering, legal, accounting, and other services paid or payable in connection with the planning, reconstruction and financing of residential housing; cost of necessary surveys, plans and permits, cost of insurance, interest, financing, taxes, assessments and other operating and carrying costs during rehabilitation; cost of rehabilitation, reconstruction, fixturing, furnishing and equipping residential housing; cost of land improvements, including, but not limited to, landscaping and off-site improvements, whether or not any such cost has been paid in cash or in a form other than cash; and the cost of such other items as the Authority shall determine to be reasonable and necessary for the rehabilitation of residential housing. (d) Eligible households means any household which does not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided, State-aided, or authority-aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and who satisfy the income limitations set by each authority in administrative guidelines and procedures established pursuant to subsection (c) of Section 5 of this Act; provided, however, that in no event shall the income of an eligible household exceed two and one-half times the median household income for the particular municipality activating the particular authority establishing such income limitations. (e) Federally aided mortgage means any mortgage insured or guaranteed by an agency of the United States government or any mortgage receiving special benefits, directly or indirectly, under any federal laws designated specifically to encourage the purchase of housing. (f) Governing body means the elected or duly appointed officials constituting the governing body of a large municipality. (g) Lending institution means any bank or trust company or savings and loan association or building and loan association or savings bank or insurance company or mortgage banker or mortgage broker or other financial institution or governmental agency or any holding company for any of the foregoing, which is authorized to deal in federally aided mortgages. Such lending institution shall have a place of business in Georgia and shall be authorized to do business in Georgia.

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(h) Mortgage means a deed to secure debt, together with the promissory note, the repayment of which is secured by said deed to secure debt, held by either the Authority or a lending institution, which deed to secure debt encumbers either a fee simple or leasehold estate located within the geographic boundaries of a large municipality activating the Authority, which fee simple or leasehold estate is improved by residential housing. (i) Municipality means any municipality of this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census. (j) Real property means all lands, franchises and interests in land, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term, and shall include any and all interests in such property less than full title, such as easements, incorporeal hereditaments and every estate or interest or right, legal or equitable, including terms for years. (k) Residential housing means any real property and improvement thereon, not to exceed four attached dwelling units, within the geographic boundaries of a large municipality activating the Authority, which is owned, in whole or in part, and is providing or shall provide, in whole or in part, dwelling accommodations for eligible households. (l) State means the State of Georgia. (m) State-aided mortgage means a mortgage loan for housing for eligible households assisted under the provisions of this Act. (n) Security interest means an interest in personal property installed or to be installed in residential housing, which interest secures, in whole or in part, the repayment of a promissory note, the holder of which interest and note is either an Authority or a lending institution. The term security interest includes all documentation executed in connection with the creation of said interest and specifically includes both the aforesaid promissory note and a security agreement.

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(o) Household, as used in this Act, shall have that meaning as defined by the U. S. Bureau of the Census in its 1970 census. (p) Median Household Income shall have that meaning as used in the decennial census and adjusted by the Office of Planning and Budget annually, according to the earnings index of the U. S. Bureau of Labor Statistics. (q) Income shall have that meaning as defined by the U. S. Bureau of the Census in its 1970 census. Section 4. Creation of Authorities. There is hereby created in and for each such municipality of this State a public body corporate, which shall be deemed to be an instrumentality of the State, to be known as the Urban Residential Finance Authority of such municipality, which shall be governed by a board of not less than five nor more than seven members. Each member of the board shall be a resident of the large municipality activating the Authority and shall be appointed by the governing body of said municipality activating the Authority for such term and upon such conditions as specified by resolution of said governing body. Any member of the governing body of said large municipality and the mayor or other chief executive thereof and the chief fiscal officer thereof may serve on the board. No Authority created hereunder shall transact any business or exercise any powers hereunder until the governing body of the large municipality activating the Authority shall, by resolution, declare that there is need for an Authority to function in such municipality. A copy of said resolution adopted by the governing body and copies of any resolution adopted by the governing body providing for filling vacancies in the membership of the board of the Authority or making any changes in membership of the board of the Authority shall be filed with the Secretary of State. Appointments to fill vacancies on the board of any Authorit, either for an unexpired or full term as fixed in the original resolution creating the same, shall be made by the governing body of said municipality. The members of the board of each Authority shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary-treasurer who need not be a member of the board and need not be a resident of the municipality activating such Authority. The members of the board of each Authority shall receive no compensation for their services, either as a member or as an employee of such Authority, but may be reimbursed for their

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actual expenses incurred in the performance of their duties; provided, however, if the secretary-treasurer is not a member of the board, then such secretary-treasurer may receive such compensation for his or her services as may be agreed upon by the members of the board. Each Authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. Section 5. Powers of the Authorities. (a) Except as otherwise limited by this Act, each Authority shall have the power: (1) to sue and be sued; (2) to have a seal and alter the same at its pleasure; (3) to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act including contracting with any agency or authority within this State; (4) to make and alter bylaws for its organization and internal management; (5) to acquire, hold and dispose of real and personal property for its corporate purposes; (6) to appoint officers, agents and employees, prescribe their duties and qualifications and fix their compensation; (7) to borrow money and to issue bonds, the term of which shall not exceed forty years, and to provide for the rights of the lenders or holders thereof; (8) to make loans pursuant to Section 6 of the Act for either the acquisition or rehabilitation or both of residential housing, the repayment of which are secured by mortgages or security interests, to participate in the making of loans secured by mortgages or security interests, to undertake commitments to make loans secured by mortgages or security interests, to acquire, and, pursuant to the provisions of Section 7 of the Act, to contract to acquire, mortgages or security interests or participations

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therein, owned by lending institutions, the Federal National Mortgage Association or any federal or State agency, and to enter into advance commitments to such organizations for the purchase of said mortgages or security interests or participations; (9) to sell mortgages and security interests at public or private sale, to negotiate modifications or alterations in mortgages and security interests, to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security interest, contract or other agreement, and to bid for and purchase property which was the subject of such mortgage or security interest, at any foreclosure or at any other sale, to acquire or take possession of any such property, and in the event that the Authority takes possession of any such property, to complete, administer, pay the principal and interest of any obligations incurred in connection with such property, operate, manage, lease, dispose of, and otherwise deal with such property in such manner as may be necessary or desirable to protect the interests of the Authority and the holders of its bonds and other obligations; (10) to collect fees and charges in connection with its loans, commitments and servicing including but not limited to reimbursement of costs of financing as the Authority shall determine to be reasonable and as shall be approved by the Authority; (11) to make and execute contracts for the servicing of mortgages made or acquired by the Authority pursuant to this Act, and to pay the reasonable value of services rendered to the Authority pursuant to those contracts; (12) to accept gifts or grants or loans or other aid from the federal government or the State or any persons or corporations, and to agree and comply with any conditions attached to federal and State financial assistance. In no instance, however, may the municipality activating the Authority transfer any money to the Authority for purposes of issuing bonds or for a purpose connected with the day-to-day operations of the Authority.

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(13) subject to any agreement with bondholders and with applicable law, to invest monies of the Authority not required for immediate use to carry out the purposes of this Act, including the proceeds from the sale of any bonds and any monies held in reserve funds, sinking funds and debt service funds, in such obligations or other investments as the Authority shall determine and as shall otherwise be lawful; (14) to make, and contract to make, loans to lending institutions on such terms and conditions as it shall determine and all lending institutions are authorized to borrow from the Authority in accordance with the provisions of subsection (d) of Section 6 of this Act and the administrative guidelines established by the Authority pursuant to criteria set forth in this Act; (15) to procure insurance against any loss in connection with its property and other assets; (16) to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this Act. (b) No Authority shall have the power of eminent domain. (c) In order to determine eligible households, each Authority shall establish administrative guidelines as to limitations for eligible households for the purposes of subparagraph (d) of Section 3 in accordance with the following considerations: (1) the size of the family or number of persons who intend to reside together; (2) the conditions and costs of obtaining and maintaining existing and available housing within the geographic boundaries of the municipality activating the Authority; (3) the costs of obtaining and maintaining newly constructed housing within the geographic boundaries of the municipality activating the Authority, including considerations of the total rehabilitation costs of such housing and the costs of financing such housing as affected by prevailing and available financing terms and conditions relating to nonfederally aided and non-State-aided mortgages.

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(d) The administrative guidelines established by each Authority pursuant to subsection (c) of this Section may differ in order to reflect the varying economic and housing conditions within the jurisdiction of each Authority; provided, however, in no event shall the income of an eligible household exceed two and one-half times the median household income for the particular municipality activating the particular authority establishing such income limitations. Section 6. Loans. (a) With respect to the power to make loans set forth in subsection (a) of Section 5 of this Act, each Authority may make loans to eligible households for the acquisition or rehabilitation or both of residential housing within the geographic boundaries of the large municipality activating the Authority. Any such loan: (1) shall be used for all or part of the cost of acquiring housing or rehabilitation cost or both in accordance with the rules of the Authority; and (2) shall be secured in such manner and be repaid in such period, not exceeding forty years, as may be determined by the Authority and shall bear interest at a rate determined by the Authority. (b) Each Authority may make, and contract to make, loans to lending institutions on such terms and conditions as it shall determine in accordance with the following criteria, and all lending institutions are authorized to borrow from the Authority in accordance with administrative guidelines of the Authority established pursuant to the following criteria: (1) The Authority shall require that each lending institution receiving a loan pursuant to this subsection shall issue and deliver to the Authority evidence of its indebtedness to the Authority which shall constitute a general obligation of such lending institution and shall bear such date or dates, shall mature at such time or times, shall be subject to prepayment, and shall contain such other provisions consistent with this Section, as the Authority shall determine. (2) The interest rate or rates and other terms of such loans made from the proceeds of any issue of bonds of the Authority

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shall be at least sufficient to assure the payment of said bonds and the interest thereon as the same become due. (3) The Authority shall require that such loans shall be secured as to payment of both principal and interest by a pledge of collateral security in such amounts as the Authority shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. Such collateral security shall consist of: (A) obligations for the payment of money by or guaranteed by the United States of America; or (B) obligations for the payment of money by any of the following: Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Export-Import Bank, Federal Land Banks, Federal National Mortgage Association or the Government National Mortgage Association; or (C) obligations for the payment of money by the State or any municipality therein; or (D) mortgages insured by the Federal Housing Administration or guaranteed by the Veterans Administration and such other mortgages insured or guaranteed by the federal government or by a private insurer as to payment of principal and interest as shall be approved by the Authority; or (E) conventional mortgages approved by the Authority. (4) The Authority may require that collateral for such loans be deposited with a bank, trust company or other financial institution acceptable to the Authority located in the State and designated by the Authority as custodian therefor. In the absence of such requirement, each lending institution shall enter into an agreement with the Authority containing such provisions as the Authority shall deem necessary to: (A) adequately identify and maintain such collateral,

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(B) service such collateral and (C) require the lending institution to hold such collateral as an agent for the Authority and be accountable to the Authority as the trustee of an express trust for the application and disposition thereof and the income therefrom. The Authority may also establish such additional requirements as it shall deem necessary with respect to the pledging, assigning, setting aside or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom. (5) The Authority shall require as a condition of each loan to a lending institution that such lending institution, within such period after receipt of the loan proceeds as the Authority may prescribe by regulation, shall have entered into written commitments to make, and, within such period thereafter as the Authority may prescribe by regulation, shall have disbursed the net loan proceeds in mortgage loans on residential housing in an aggregate principal amount equal to the net amount of such loan proceeds. Such mortgage loans shall have such terms and conditions as the Authority may prescribe. (6) The Authority shall require each lending institution to which the Authority has made a loan to submit evidence satisfactory to the Authority of the making of new residential mortgage loans to eligible households as required by this Section and in connection therewith may, through its employees or agents, inspect the books and records of any such lending institution. (7) Compliance by any lending institution with the terms of its agreement with or undertaking to the Authority with respect to the making of mortgage loans to eligible households may be enforced by decree of any court of competent jurisdiction. (8) To the extent that any provisions of this subsection may be inconsistent with any provision of law of the State governing the affairs of lending institutions, the provisions hereof shall control.

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Section 7. Purchase of Mortgages. (a) With respect to the power to purchase mortgages or security interests or participations therein from lending institutions as set forth in subsection (a) of Section 5 of this Act, each Authority may purchase mortgages or security interests from lending institutions which shall in turn reinvest the proceeds in new mortgage loans made as rapidly as possible on residential housing. A mortgage or security interest or participation therein shall not be acquired under this Act unless the rate of interest on such mortgage meets the rates of interest established by the Authority. The Authority shall establish such rates of interest taking into consideration all of the following: (1) the cost to the Authority in obtaining funds; (2) allowances to be made to a lending institution as a service fee in acting as a servicing agent in the administration and collection of the mortgage; (3) administrative costs of the Authority; (4) allowances for any necessary reserves of the Authority; and (5) regulations of the Internal Revenue Service of the United States. (b) The Authority may purchase participations in mortgages or security interests and shall make such rules as will adequately secure the Authority and its bondholders with respect to the purchase of participations in mortgages or security interests. (c) If the Authority purchases a mortgage or a security interest or a participation therein from a lending institution, the lending institution may act as servicing agent for the Authority in the collection and administration of the mortgage or security interest, subject to the rules established by the Authority under this Act. (d) Subject to the rights of bondholders, the Authority shall by rule fix the amount of the fee to be paid a servicing agent in such amount as shall reasonably compensate the servicing agent for performing such services. The amount of such fee may be deductible from any interest payable and collected under the mortgage or security interest.

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(e) The origination fees and servicing fees payable to a lending institution shall not exceed in rate the amount payable in connection with fees for origination and servicing of mortgages insured by the Federal Housing Administration, as set by regulations of the Federal Housing Administration. (f) The Authority may make commitments to lending institutions to purchase a mortgage or security interest or participation therein prior to the date of its execution, and a mortgage which is made by a lending institution under a prior commitment from the Authority to purchase the mortgage or security interest or a participation therein shall satisfy the requirement to reinvest the proceeds from the sale as quickly as possible in mortgage loans for the benefit of eligible persons and families. The Authority shall establish such fees as are necessary to reimburse the Authority for the administrative costs incurred in connection with making commitments to purchase and in purchasing mortgages or security interests or participations therein. (g) The Authority shall require as a condition of purchase of any mortgage or security interest from a lending institution that the lending institution represent and warrant to the Authority that: (1) the unpaid principal balance and the interest rate thereon have been accurately stated to the Authority and that the interest rate and all service charges in connection therewith are not usurious under the laws of the State; (2) the amount of the unpaid principal balance is legally and validly due and owing; (3) the lending institution has no notice of the existence of any counterclaim, offset or defense asserted by the mortgagor or his successor in interest; (4) necessary documents have been properly recorded in the county in which the real estate lies; (5) the mortgage or security interest constitutes a valid lien on the property described in the mortgage or security interest subject only to such matters which do not adversely affect to a material degree the use or value of the property;

Page 4676

(6) the loan when made was lawful under the laws of the State or federal law, or both, whichever governed the making of the loan, and would be lawful on the date of purchase by the Authority if made by the lending institution on that date in the amount of the unpaid principal balance; (7) the mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, real property taxes or otherwise in the performance of his obligations under the mortgage or security interest and has not to the knowledge of the lending institution been in default in the performance of any such obligation for a period of longer than sixty days; (8) the mortgage or security interest requires that the property described therein be covered by a valid and subsisting policy of insurance issued by a responsible insurance company legally licensed and authorized to conduct and transact business in the State and providing fire and extended coverage to an amount not less than eighty percent of the insurable value of the property or in the amount of the mortgage or security interest, whichever the Authority may determine; (9) that the insurance coverage referred to in paragraph (8) above is in full force and effect; and (10) that, subject to the provisions of subsection (f) of this Section, monies received from the Authority will be utilized for loans to eligible households for the acquisition or rehabilitation or both of residential housing within the geographic boundaries of the municipality activating the Authority, certification by the lending institution to the effect that monies have been reloaned as set forth in this Act will be filed with the Authority pursuant to the rules of the Authority and will be available to the members of the public and to members of the General Assembly of the State. (h) Each lending institution shall be liable to the Authority for any damages suffered by the Authority by reason of the untruth of any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made, or in the event of any breach of warranty, the lending institution shall, at the option of the Authority, repurchase the mortgage or security

Page 4677

interest or participation for the original purchase price adjusted for amounts subsequently paid thereon, as the Authority may determine. (i) The Authority may require the recording of an assignment of any mortgage purchased by it from a lending institution. The Authority shall not be required to take possession of the mortgage documents if the lending institution from which the mortgage is purchased by the Authority shall enter into a contract to service such mortgage and account to the Authority therefor. Section 8. Revenue Bonds. (a) Each Authority shall have the power and is hereby authorized at one time or from time to time to issue its revenue bonds in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of loans for the acquisition and rehabilitation of residential housing as provided in this Act; the payment of interest on bonds of the Authority; the establishment of reserves to secure such bonds; and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers. (b) Prior to the issuance of revenue bonds, the Authority shall consult and seek the technical assistance of the Department of Community Affairs, the chief fiscal officer of the municipality activating such Authority and the Georgia Residential Finance Authority. The Authority may also retain the services of a qualified, independent financial advisor. The financial advisor shall not in any manner be involved in the underwriting of the revenue bonds, and shall serve only to advise the Authority. (c) The Authority shall not have outstanding, at any one time, bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding 100 million dollars. (d) No single bond issue of an Authority shall exceed 30% of the total amount allowed to be outstanding as referred to in subsection (c) above. (e) No revenue bonds shall be issued until such time as 95% of all proceeds from any previous bond issue, excluding reserve funds,

Page 4678

shall be fully invested or committed to be invested in mortgages or participating units. (f) In addition, each Authority shall commit at least 70% of the aggregate amount of loanable funds, directly or indirectly, to eligible households whose income does not exceed two times the median household income in the municipality creating the Authority. This formula is to apply only for the first eight months of any one issue from date of issue. In no instance shall any Authority use any of its funds to finance mortgages if the income of the eligible household is in excess of two and one-half times the median household income in the municipality activating the Authority. Each Authority may, at its discretion, establish a maximum household income less than twice the median income and may allocate all or part of its available funds to households with incomes less than the maximum in this Act. (g) The bonds of each issue shall be dated, shall bear interest at such rate or rates as shall be set by the Authority, without limitation by any existing law of the State, payable at such times as the Authority may determine, shall mature at such time or times as the Authority may determine, 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 either redeemable before maturity, at the option of the Authority, or exchangeable for other bonds of the same series 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 such bonds, or both redeemable and exchangeable. The bonds may be issued as serial bonds or as term bonds with or without mandatory sinking fund provisions or as a combination thereof. (h) The Authority shall determine the form of the bonds, including any interest or principal coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. (i) All such bonds shall be executed in the name of the Authority by the chairman or vice-chairman and secretary-treasurer of the Authority and shall be sealed with the official seal of the Authority

Page 4679

or a facsimile thereof. Coupons shall be executed in the name of the Authority by the chairman or vice-chairman of the Authority. The facsimile signature of either the chairman or vice-chairman or the secretary-treasurer of the Authority may be imprinted in lieu of the manual signature if the Authority so directs and the facsimile of the chairman's or vice-chairman's signature shall be used on such coupons. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. In addition to the foregoing, the clerk of the superior court of each county wherein is located a municipality activating an Authority may authorize the execution of bonds, requiring or permitting his signature, with a facsimile of such signature. (j) The bonds may be issued in coupon or in 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. The Authority may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interest of the Authority. (k) Prior to the preparation of definitive bonds the Authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. 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. (l) Each Authority is hereby authorized to provide by resolution for the issue of refunding bonds of the Authority for the purpose of refunding any bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such 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.

Page 4680

(m) If the Authority so determines, the bonds may be issued pursuant to a trust indenture between the Authority and a trustee, which trust indenture shall have such terms and provisions as may be determined by the Authority. (n) Except as herein provided, all revenue bonds issued by the Authority under the Act shall be executed, confirmed and validated under, and in accordance with, the Revenue Bond Law of the State, except that in lieu of specifying the rate or rates of interest which revenue bonds to be issued by an Authority are to bear, the petition and complaint filed in the validation proceeding may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event that bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the Authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. (o) In the event no appeal is filed within the time prescribed by law, or, if filed, the judgment shall be affirmed on appeal, the judgment of the Superior Court so confirming and validating the issuance of said bonds and the security therefor shall be forever conclusive upon the validity of said bonds and the security therefor against the Authority and all other persons. (p) The bonds are hereby made securities in which all public officers and bodies of the State and all municipalities, 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 the State and all municipalities for any purposes of which the deposit of

Page 4681

the bonds or other obligations of the State is now or may hereafter be authorized. Section 9. Pledge by Authority. Each Authority may pledge for the payment of its bonds such assets, funds and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the Authority shall be valid and binding from the time when the pledge is made. The monies or properties so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the Authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded. Section 10. Tax Exemptions. As each Authority will be performing essential government functions in the exercise of the powers conferred upon it by this Act, the State covenants with the holders of the bonds of an Authority that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of any facilities maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority and that the bonds and notes of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority. No Authority shall be required to pay any intangible tax on the recording of any mortgage held by the Authority. Section 11. Bonds or Obligations not to Constitute Public Debt. No bonds or other obligations of and no indebtedness incurred by any Authority shall constitute an indebtedness or obligation of the State or any county, municipal corporation or political subdivision thereof nor shall any act of any Authority in any manner constitute or result in the creation of an indebtedness of the State or any such county, municipal corporation or political subdivision. All such bonds and obligations shall be payable solely from the revenues

Page 4682

therein pledged to such payment, including pledged mortgage payments, rentals, sales proceeds, insurance proceeds and condemnation awards, and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of the State or any county, municipal corporation or political subdivision thereof nor to enforce the payment thereof against any property of the State or any such county, municipal corporation or political subdivision. Section 12. Authorities not to Compete with Georgia Residential Finance Authority. No Authority shall compete with the Georgia Residential Finance Authority to such an extent as to affect adversely the interests and rights of the holders of bonds issued by the Georgia Residential Finance Authority. Section 13. Audits. Each Authority and each trustee acting on behalf of an Authority shall submit to an annual independent audit performed by a qualified firm selected by the governing authority of the large municipality activating the Authority. Payment for this audit shall be paid from any funds held by the trustee for the Authority. Section 14. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1979.

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COMPENSATION TO MR. HERBERT C. MILLKEY, SR. No. 49 (House Resolution No. 13-35). A RESOLUTION Compensating Mr. Herbert C. Millkey, Sr.; and for other purposes. WHEREAS, on Friday, November 21, 1975, Mr. Herbert C. Millkey, Sr., an architect, was examining the Harris Hall Dormitory at the Georgia Institute of Technology with Mr. David O. Savini, campus architect of Georgia Institute of Technology, when the ground collapsed beneath Mr. Millkey as a result of subterranean erosion caused by a gutter and downspout; and WHEREAS, Mr. Millkey suffered a broken right knee and a torn ligament which resulted in a loss of 19 weeks of work and in personal injuries, loss of income and medical expenses in the amount of $2,871, which has not been compensated by insurance; and WHEREAS, Mr. Millkey incurred pain and suffering as a result of said accident until the time of his death; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Herbert C. Millkey, Sr. 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 $2,871 to Mrs. Herbert C. Millkey, Sr., on behalf of the late Mr. Herbert C. Millkey, Sr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4684

COMPENSATION TO WILLIAM T. PETERSON. No. 52 (House Resolution No. 43-124). A RESOLUTION Compensating William T. Peterson; and for other purposes. WHEREAS, on December 15, 1977, a wildfire caught and burned at Everett City in the vicinity of property owned by William T. Peterson; and WHEREAS, while plowing a fire break around the wildfire, a forest patrolman at the Glynn County Forestry Unit plowed across a septic tank and field lines belonging to William T. Peterson; and WHEREAS, due to such action, Mr. Peterson suffered property damage and loss in the amount of $900.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Peterson 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 Foresty Commission is hereby authorized and directed to pay the sum of $900.00 to William T. Peterson 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 19, 1979.

Page 4685

COMPENSATION TO MS. PENNY D. JOHNSON. No. 53 (House Resolution No. 50-193). A RESOLUTION Compensating Ms. Penny D. Johnson; and for other purposes. WHEREAS, on March 30, 1977, Ms. Penny D. Johnson, a student at the University of Georgia, was going to her anthropology class held in Baldwin Hall; and WHEREAS, it was raining and the floor had water tracks on it; and WHEREAS, Ms. Johnson slipped on the wet floor and suffered personal injuries for which she did not receive insurance in the amount of $174.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Johnson, 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 $174.00 to Ms. Penny D. Johnson 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 19, 1979.

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COMPENSATION TO EMMA LOIS BRIDGES. No. 54 (House Resolution No. 52-193). A RESOLUTION Compensating Emma Lois Bridges; and for other purposes. WHEREAS, on June 4, 1972, Robert Lee Shannon, Jr., the twenty-one year old son of Emma Lois Bridges, paid the required fee for admission to the swimming area at High Falls State Park, near Forsyth, and proceeded to swim in the roped-off public swimming area of the park; and WHEREAS, while so swimming Robert Lee Shannon, Jr., drowned; and WHEREAS, although a lifeguard was supposed to be on duty at the swimming area at the time of the said drowning, the lifeguard was not, in fact, at the swimming area and was inattentive to cries for help from Robert Lee Shannon, Jr.; and WHEREAS, Emma Lois Bridges was dependent upon Robert Lee Shannon, Jr., for support at the time of his death; and WHEREAS, the total loss to Emma Lois Bridges due to the loss of her son amounts to $25,000; and WHEREAS, said incident occurred through no fault or negligence on the part of Emma Lois Bridges and it is only fitting and proper that she be reimbursed for her loss. NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is hereby authorized and directed to pay the sum of $1,000 to Emma Lois Bridges as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4687

COMPENSATION TO RONALD L. TRIBBLE. No. 55 (House Resolution No. 62-230). A RESOLUTION Compensating Mr. Ronald L. Tribble; and for other purposes. WHEREAS, on or about August 27, 1977, Mr. Ronald L. Tribble parked his automobile in G lot adjacent to 120 Collins Street, Atlanta, Georgia; and WHEREAS, painters from the Physical Plant Department of Georgia State University were spray painting the steps of the building located at 120 Collins Street; and WHEREAS, the wind blew the overspray into the parking lot and on Mr. Tribble's automobile, causing damages in the amount of $270.00; and WHEREAS, said accident occurred through no fault or negligence whatsoever on the part of Mr. Tribble. 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 $270.00 to Mr. Ronald L. Tribble 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 19, 1979.

Page 4688

COMPENSATION TO JAMES S. PAYNE, JR. No. 56 (House Resolution No. 63-230). A RESOLUTION Compensating Mr. James S. Payne, Jr.; and for other purposes. WHEREAS, on or about May 19, 1977, Mr. James S. Payne, Jr., was driving his 1977 automobile on Georgia Highway 20 between Canton and Cumming near the Macedonia community; and WHEREAS, at such time and place the Department of Transportation was repairing shoulders to said highway; and WHEREAS, as Mr. Payne approached the road construction work of the Department of Transportation, he was unable to see because of dust caused by such road construction; and WHEREAS, in order to avoid an oncoming vehicle, Mr. Payne was forced to run over several large rocks placed in said highway as a result of said road construction; and WHEREAS, as a result of said rocks, the automobile driven by Mr. Payne sustained damage in the amount of $58.58, and he incurred additional expenses of $21.32 for a rental car directly as a result of said accident; and WHEREAS, Mr. Payne has not been and cannot be compensated by insurance to reimburse the loss incurred by him as a result of said accident; and WHEREAS, said accident occurred through no fault or negligence whatsoever on the part of Mr. Payne, and it is only just and proper that he be compensated for the loss incurred thereby. 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 $58.58 as compensation as provided above. Said sum shall be paid from funds

Page 4689

appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979. COMPENSATION TO WILLIAM J. GALLANT. No. 58 (House Resolution No. 80-311). A RESOLUTION Compensating Mr. William J. Gallant; and for other purposes. WHEREAS, on June 12, 1978, Mr. William J. Gallant was driving his 1975 Chevrolet Nova, south on U. S. Highway 221 between Mt. Vernon and Uvalda when a rock was thrown into the windshield of Mr. Gallant's car by a pickup truck belonging to the Department of Transportation; and WHEREAS, said rock cracked the windshield of Mr. Gallant's car causing damage in the amount of $101.12; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. William J. Gallant, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $101.12 to Mr. William J. Gallant as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

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COMPENSATION TO BRUCE D. NORTHROP. No. 59 (House Resolution No. 91-324). A RESOLUTION Compensating Mr. Bruce D. Northrop; and for other purposes. WHEREAS, on December 30, 1977, Mr. Bruce D. Northrop was driving his 1969 Cougar sedan north on Interstate 75 near the Highway 411 south exit at approximately 9:30 p.m.; and WHEREAS, a signpost belonging to the State Department of Transportation had been partially knocked over and was jutting into the roadway; and WHEREAS, Mr. Northrop struck the signpost which was protruding into the roadway, causing property damage in the amount of $430.79, which cannot be reimbursed by insurance; and WHEREAS, said accident resulted through no fault or negligence on the part of Mr. Bruce D. Northrop, 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 $212.04 to Mr. Bruce D. Northrop as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4691

COMPENSATION TO JAMES R. MYRICK. No. 61 (House Resolution No. 109-414). A RESOLUTION Compensating Mr. James R. Myrick; and for other purposes. WHEREAS, on May 27, 1977, two employees of the Georgia Department of Transportation who were operating bushhogs ran into and destroyed two portions of a fence maintained by Mr. James R. Myrick; and WHEREAS, the fence enclosed a pasture used by Mr. Myrick for grazing cattle, and the accident created two holes permitting ten cows to escape and run free; and WHEREAS, Mr. Myrick found seven of the ten cows but never found the remaining three even after spending five days searching the surrounding countryside; and WHEREAS, two of the cows lost were brood cows due to deliver calves within forty days and were valued at $250.00 each and the remaining cow was a heifer weighing about 500 pounds and valued at $100.00; and WHEREAS, Mr. Myrick expended considerable time and effort in the search for the lost animals and in the repair of the damaged fence and in total suffered a loss and damage to property in the amount of $750.00; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Myrick, 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 $750.00 to Mr. James R. Myrick as compensation as provided

Page 4692

above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979. COMPENSATION TO JULIUS WHITE. No. 62 (House Resolution No. 120-500). A RESOLUTION Compensating Mr. Julius White; and for other purposes. WHEREAS, on May 26, 1977, Mr. Julius White, while an inmate of the Terrell County Correctional Institute, was assisting the deputy warden and other prisoners in correcting a defect on a road scraper when a chain wrapped around part of the road scraper and connected to a front-end broke, striking Mr. White across his hand and resulting in the amputation of his third finger; and WHEREAS, Mr. White was incarcerated under the jurisdiction of the Department of Offender Rehabilitation; and WHEREAS, said accident resulted in personal injury in the amount of $930.60, which cannot be compensated by insurance; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Julius White, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is hereby authorized and directed to pay the sum of $500.00 to Mr. Julius White as compensation as provided above.

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Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979. COMPENSATION TO MRS. ANNA L. ROBBINS. No. 64 (House Resolution No. 145-516). A RESOLUTION Compensating Mrs. Anna L. Robbins; and for other purposes. WHEREAS, on Tuesday, April 18, 1978, at approximately 2:30 p.m. Mrs. Anna L. Robbins was visiting the Little White House at Warm Springs, Georgia, which is under the control and management of the Franklin D. Roosevelt Warm Springs Memorial Commission; and WHEREAS, while walking between the museum and the Little White House, Mrs. Robbins slipped on some pebbles on the pathway and fell breaking her wrist in four places and causing personal injury in the amount of $150.00; and WHEREAS, said accident occurred through no fault or negligence on the part of Mrs. Anna L. Robbins, so it is only fitting and proper that she be reimbursed for her personal injury. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Franklin D. Roosevelt Warm Springs Memorial Commission is hereby authorized and directed to pay the sum of $150.00 to Mrs. Anna L. Robbins as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Commission and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4694

COMPENSATION TO MRS. MATTIE LEE POWER. No. 66 (House Resolution No. 161-635). A RESOLUTION Compensating Mrs. Mattie Lee Power; and for other purposes. WHEREAS, on April 17, 1978, Mrs. Mattie Lee Power was walking around the back of a parked car on Mozley Street in Austell, Georgia, when she tripped over the cable of a traffic counter and fell, breaking her left arm; and WHEREAS, said accident required Mrs. Power to be out of work for three months and resulted in personal injury which cannot be compensated by insurance in the amount of $1,767.60; and WHEREAS, said traffic counter was placed at such location by the State Department of Transportation; and WHEREAS, said accident occurred through no fault or negligence on the part of Mrs. Mattie Lee Power, so it is only fitting and proper that she be reimbursed for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to pay the sum of $500.00 to Mrs. Mattie Lee Power as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4695

COMPENSATION TO MRS. MARGARET B. HAMRICK. No. 69 (House Resolution No. 169-706). A RESOLUTION Compensating Mrs. Margaret B. Hamrick; and for other purposes. WHEREAS, during the period from November 1, 1974, to November 1, 1976, Mrs. Margaret B. Hamrick rented a home at 101 E. 35th Street, Savannah, Georgia, to the Department of Human Resources to be used as a group home for boys; and WHEREAS, during such period the home and premises were damaged in the amount of $14,805.00 and Mrs. Hamrick also suffered damages from loss of rent in the amount of $6,600.00; and WHEREAS, said damages and losses occurred through no fault or negligence on the part of Mrs. Hamrick, and it is only fitting and proper that she be reimbursed for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is hereby authorized and directed to pay the sum of $4,000.00 to Mrs. Margaret B. Hamrick as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4696

COMPENSATION TO JIMMY VICKERS. No. 73 (House Resolution No. 200-700). A RESOLUTION Compensating Mr. Jimmy Vickers; and for other purposes. WHEREAS, on January 20, 1978, Mr. Jimmy Vickers was driving his 1978 Oldsmobile Delta 88 north on Interstate 75 in Bartow County; and WHEREAS, ice and sleet were beginning to form on the roadway; and WHEREAS, vehicles belonging to the Department of Transportation began spreading calcium chloride on the roadway; and WHEREAS, said spreading operation caused extensive damage to the paint of Mr. Vickers's car causing property damage in the amount of $497.00; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Vickers, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $497.00 to Mr. Jimmy Vickers as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4697

COMPENSATION TO BETTY JEAN BOLDEN. No. 74 (House Resolution No. 205-794). A RESOLUTION Compensating Betty Jean Bolden; and for other purposes. WHEREAS, on June 15, 1976, the residence of Betty Jean Bolden at 2006 Chicago Avenue, N. W., Atlanta, was vandalized by a foster child who was at that time under the custody of the Fulton County Department of Family and Children Services; and WHEREAS, while attempting to subdue the foster child, Ms. Bolden was stabbed in the back and suffered personal injury as a result thereof; and WHEREAS, as a result of this incident, Ms. Bolden sustained property loss in the amount of $1,728.00 and personal injury in the amount of $133.50; and WHEREAS, the incident occurred through no fault or negligence on the part of Ms. Bolden, so it is only fitting and proper that she be compensated for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is hereby authorized and directed to pay the sum of $1,861.50 to Ms. Betty Jean Bolden as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979.

Page 4698

COMPENSATION TO MRS. SUSIE B. KELLEY. No. 75 (House Resolution No. 206-803). A RESOLUTION Compensating Mrs. Susie B. Kelley; and for other purposes. WHEREAS, Mrs. Susie B. Kelley has a claim against the State resulting from the activities of the Department of Public Safety. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Public Safety is hereby authorized and directed to pay the sum of $2,700.00 to Mrs. Susie B. Kelley as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1979. CITY OF MARIETTABOARD OF LIGHTS AND WATERWORKS. No. 668 (House Bill No. 568). AN ACT To amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), as amended, so as to change the membership of the board of lights and water; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4699

Section 1. An Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), as amended, is hereby amended by striking in its entirety Section 5.1 of Article V of said Act and substituting in lieu thereof a new Section 5.1 of Article V to read as follows: Section 5.1. Created, membership, terms, etc. The board of lights and waterworks, hereinafter referred to as `board,' is hereby declared and created a body corporate with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it, and which shall consist of the mayor of the city, the chairman of the committee of water and lights from the council of the City of Marietta who shall be appointed by the mayor, three residents of Marietta, and two nonresidents of the City of Marietta who have been recipients of services from the board of lights and water for at least two and one-half years. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks but shall not be a member of the board and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident and non-resident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years and, at the end of said time, or sooner, if there should be a vacancy in any one of said places, their successors shall be elected by the council for the term of four years from the time of said election. The members of the board shall be paid such compensation as is set by the council. Section 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-February 1979 Session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb

Page 4700

County and creating new charter for said city (approved March 23, 1977, Ga. L. 1977, p. 35-41) and for other purposes. This 5th day of January, 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson 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: January 5, 12 and 19, 1979. /s/ Johnny Isakson Representative, 20th District Sworn to and subscribed before me, this 6th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 24, 1979.

Page 4701

CHATHAM COUNTYMUNICIPAL GOVERNMENTS POLICE SERVICES STUDY COMMISSION. No. 83 (House Resolution No. 177-720). A RESOLUTION Creating the Chatham County-Municipal Governments Police Services Study Commission; and for other purposes. WHEREAS, the efficient and effective delivery of police services is one of the most important governmental services provided by local governments; and WHEREAS, Chatham County, the City of Savannah and five additional municipalities located within said county provide police services for the residents of said county; and WHEREAS, a study should be made to determine what steps may be taken to avoid duplication of police services within Chatham County and to provide for the more effective and economical delivery of said services for the residents of said county. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Chatham County-Municipal Governments Police Services Study Commission, hereinafter referred to as the Commission, to be composed of fourteen members as follows: One member of the State Senate whose senatorial district lies wholly within Chatham County elected by a majority vote of the State Senators whose senatorial districts lie wholly or partially within Chatham County. One member of the Georgia House of Representatives whose representative district lies wholly within Chatham County elected by a majority vote of the members of the House of Representatives whose districts lie wholly or partially within Chatham County. One member of the governing authority of Chatham County elected by the members of the governing authority of Chatham County.

Page 4702

Two citizens of Chatham County elected by the governing authority of Chatham County. One member of the governing authority of the City of Savannah elected by the governing authority of the City of Savannah. Two citizens of the City of Savannah elected by the governing authority of the City of Savannah. One citizen of the City of Savannah Beach, Tybee Island, who may be a member of the governing authority of said city, elected by the governing authority of said city. One citizen of the City of Thunderbolt, who may be a member of the governing authority of said city, elected by the governing authority of said city. One citizen of the City of Port Wentworth, who may be a member of the governing authority of said city, elected by the governing authority of said city. One citizen of the City of Garden City, who may be a member of the governing authority of said city, elected by the governing authority of said city. One citizen of the Town of Pooler, who may be a member of the governing authority of said town, elected by the governing authority of said town. One citizen of the City of Bloomingdale, who may be a member of the governing authority of said city, elected by the governing authority of said city. BE IT FURTHER RESOLVED that all members of the Commission shall be elected on or before May 1, 1979. The organizational meeting of the Commission shall be called by the two members of the General Assembly serving on the Commission and shall be held on or before May 15, 1979. The first order of business at the organizational meeting shall be the election, from the membership of the Commission, of a Chairman by a majority vote of the full membership of the Commission. After the election of a Chairman, the Commission shall elect from its membership a Vice Chairman and such

Page 4703

other officers as the Commission deems necessary or appropriate. Except for the election of a Chairman, nine members of the Commission shall constitute a quorum for the transaction of business, but the final recommendations of the Commission shall be made by majority vote of the full membership of the Commission. In the absence of the Chairman, the Vice Chairman shall preside at meetings of the Commission and shall exercise the powers and duties of the Chairman. The Commission shall meet on the call of the Chairman, but any five members of the Commission may petition the Chairman to call a meeting. Except as provided herein, the Commission may adopt rules for its own governance. BE IT FURTHER RESOLVED that the members of the Commission shall serve without compensation but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. Reimbursement for such expenses shall be paid from the fund as hereinafter provided. BE IT FURTHER RESOLVED that there is hereby created the Chatham County-Municipal Governments Police Services Study Commission Fund, which shall not exceed $50,000, to be paid from the funds of Chatham County, the City of Savannah, the City of Savannah Beach, Tybee Island, the City of Thunderbolt, the City of Port Wentworth, the City of Garden City, the City of Bloomingdale and the Town of Pooler. Each such political subdivision shall pay its proportionate share to said fund as follows: Chatham County shall pay that percentage of said fund which is equivalent to the percentage that the population of Chatham County in the unincorporated area thereof bears to the total population of said county; each of the above named municipalities within Chatham County shall pay that percentage of said fund which is equivalent to the percentage that the population of each such municipality bears to the total population of Chatham County. As used herein, population means population according to the United States decennial census of 1970. The fund shall be used for the sole purpose of defraying the expenses of the Commission in carrying out its duties under this Resolution, including the reimbursement of expenses incurred by members of the Commission as hereinabove provided. It shall be the responsibility of the Chairman to maintain complete and accurate records of all expenditures of the Commission, and all such expenditures shall be approved by the Chairman pursuant to rules adopted by the Commission governing such expenditures. The

Page 4704

governing authorities of Chatham County and the above named municipalities, within the limitation hereinabove provided, shall be authorized to make payments to the Commission from time to time to enable the Commission to pay expenses incurred by it in carrying out its duties. Said governing authorities may establish such procedures and requirements governing such payments to the Commission as such governing authorities deem necessary or appropriate. BE IT FURTHER RESOLVED that it shall be the duty of the Commission to make a thorough study of the delivery of police services within Chatham County. In connection therewith, the Commission may study any matters relating to said subject, but said study shall consider the following factors: 1. The degree to which police services are duplicated by the various political subdivisions within Chatham County providing such services. 2. The degree, if any, to which citizens of Chatham County have trouble in determining which political subdivision to call or contact when police services are needed on an emergency basis. 3. The constitutional and statutory authority presently existing whereby political subdivisions may cooperate, by contract or other agreement, to avoid or eliminate duplication of services and double taxation for the payment of services. 4. Any further statutory authority that may be needed by political subdivisions for the effective and efficient delivery of police services. BE IT FURTHER RESOLVED that the Commission shall issue a report of its findings and recommendations on or before December 1, 1979, and the Commission shall stand abolished on December 31, 1979. A copy of the Commission's report shall be issued to the governing authority of Chatham County and each municipality located within said county and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Chatham County. A reasonable supply of such reports shall also be made available by the Commission for distribution to interested persons and organizations of Chatham County.

Page 4705

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill or resolution to create the Chatham County-City of Savannah police services study commission; to provide for matters relative thereto, and for other purposes. This 12th day of January, 1979. Al Scott Representative, 123rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Albert Scott who, on oath, deposes and says that he/she is Representative from the 123rd 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 17, 24, 31, 1979. /s/ Albert Scott Representative, 123rd District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Page 4706

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill or resolution to create the Chatham County-City of Savannah police services study commission; to provide for matters relative thereto; and for other purposes. This 12th day of January, 1979. Al Scott Representative, 123rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Albert Scott who, on oath, deposes and says that he/she is Representative from the 123rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: January 22, 1979, January 29, 1979 and February 5, 1979. /s/ Albert Scott Representative, 123rd District Sworn to and subscribed before me, this 13th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 24, 1979.

Page 4707

ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

Page 4708

COLUMBIA COUNTYBOARD OF COMMISSIONERS. An Ordinance to amend an Act of the General Assembly creating the Board of Commissioners of Columbia County, approved on August 18, 1927, Georgia Laws 1927, page 549, as amended, so as to provide for the Board of Commissioners to meet in Martinez, Columbia County, Georgia; to repeal conflicting laws; and for other purposes. Be it ordained by the Board of Commissioners of Columbia County: Section One. An Act creating the Board of Commissioners of Columbia County, approved on August 18, 1927, Ga. Laws 1927, page 549, as amended, is hereby amended by adding to Section 4 thereof, after month, the following: ... and at the Governmental Office Complex in Martinez on the third Tuesday in each month... so that when so amended, Section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall meet at the Courthouse in said county on the first Tuesday in each month and at the Governmental Office Complex in Martinez on the third Tuesday in each month, and on such other days as the business of the county may require, or when called in session by the Chairman of the Board, or as said Board may determine. Section Two. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of a proposed Ordinance to amend the Act creating the Board of Commissioners of Columbia County, Ga. Laws 1927, page 549. Notice is hereby given that an ordinance will be introduced before the Board of Commissioners of Columbia County, Georgia, which ordinance will amend the Act of 1927 (Ga. Laws 1927, p. 549), so as to provide that the Board of Commissioners shall meet on the third

Page 4709

Tuesday in each month at the Governmental Office Complex in Martinez. A copy of said proposed ordinance is on file in the Office of the Clerk of the Superior Court of Columbia County for examination and inspection. Georgia, Columbia County. Personally appeared before the undersigned officer, duly authorized by law to administer oaths, came Preston Blanchard, who, after being duly sworn, deposes and says that he is Publisher of The Columbia News, the official county organ and gazette in which the Sheriff's advertisements are published and that the attached Notice was published in said paper once a week for four weeks, to wit: April 26, May 3, May 10, and May 17, 1978. This 17th day of May, 1978. /s/ Preston Blanchard Sworn to and subscribed before me, this 17th day of May, 1978. /s/ Cheryl C. Newman Notary Public, Columbia County Georgia. My Commission Expires April 12, 1982. Filed in the Office of the Secretary of State June 20, 1978. HALL COUNTYCIVIL SERVICE SYSTEM. A Resolution. 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 2 of said Act so as to exempt the county administrator from the provisions of said Act. 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 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:

Page 4710

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 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. There is hereby created and established a civil service system of personnel administration to be known as the Hall County Civil Service System. All employees of Hall County shall be members of the Hall 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, the county administrator, part-time employees, hourly wage earners, and other employees expressly exempt by law. Section 2. All laws and resolutions and parts of law and resolutions in conflict with this Resolution are hereby repealed. This 9th day of October, 1978. Board of Commissioners, Hall County, Georgia. /s/ Don Whitmire, Chairman /s/ Jerry L. Nix, Vice-Chairman /s/ Walter M. Holcomb, Commissioner /s/ Walter C. Snelling, Commissioner /s/ W. J. Ward, Jr., Commissioner Affidavit of Publication Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Mundy, who on oath, deposes and says that (he) (she) is the Assoc. Publisher of the Gainesville Tribune, which is the official organ of Hall County, and that the attached

Page 4711

copy of Notice of County Resolution was published on the following dates: Oct. 13, 1978, Oct. 20, 1978, Oct. 27, 1978. /s/ Andy Mundy Associate Publisher Sworn to and subscribed before me, this 16th day of October, 1978. /s/ Bonnie G. Hewell Notary Public. Notice of County Resolution. Notice is hereby given that the Board of Commissioners of Hall County, Georgia, will consider at its regular meetings on September 25, 1978 and October 9, 1978, 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 2 of said Act so as to exempt the county administrator from the provisions of said Act. 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 September, 1978. Board of Commissioners Hall County, Georgia /s/ Don Whitmire Chairman /s/ Jerry L. Nix Vice-Chairman /s/ Walter M. Holcomb Commissioner /s/ Walter C. Snelling Commissioner /s/ W. J. Ward, Jr. Commissioner Filed in the Office of the Secretary of State October 17, 1978.

Page 4712

ROCKDALE COUNTYCOUNTY ATTORNEY. An Ordinance. An Ordinance to amend Georgia Laws 1977, page 2817 Section 13 on the appointment of county officials and employees. Section 1. Pursuant to Article 9, Section 2, paragraph 1 of the Georgia Constitution, Section 13 of Georgia Laws 1977, page 2817, is hereby amended by repealing the section thereof and inserting in lieu thereof the following: Notwithstanding any other provision of this Act, the County Attorney shall be appointed and removed at the pleasure of the Board of Commissioners and the Executive Assistant shall be appointed and removed by the Chairman with the approval of the Board of Commissioners. Section 2. All laws and parts of laws in conflict with this ordinance are hereby repealed. Section 3. This ordinance shall become effective upon a second adoption of Section 1 and 2 above as is provided by law. Adopted this 9th and 23rd day of May, 1978. Board of Commissioners: /s/ Heyward L. Woodward /s/ Heman A. Francis /s/ Ray Magnusson Attest: /s/ C. A. Sandy Jones Ex-Officio Clerk Board of Commissioners Georgia, Rockdale County. Personally appeared before the undersigned Jane O. Patterson who on oath says that she is Advertising Manager of The Rockdale

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Citizen, and that the legal Advertisement which appears below was published in said newspaper on the following dates: May 2, 9, 16, 1978. /s/ Jane O. Patterson Legal Notice. Notice of intention to Amend Georgia Laws 1977, Page 2817, Section 13. Notice is hereby given that the Board of Commissioners of Rockdale County intend to amend Georgia Laws 1977, Page 2817, Section 13 pursuant to County Home Rule under Article IX, Section II, Paragraph I of the Georgia Constitution of 1976. The proposed amendment shall repeal the second sentence of Section 13 of Georgia Laws 1977, Page 2817 and insert in lieu thereof a new method for the appointment of the county attorney and repeal any provisions in conflict therewith. A copy of the proposed amendment is on file in the office of the Clerk of The Superior Court of Rockdale County for the purpose of examination and inspection by the public. The Clerk of Superior Court shall, upon request, furnish anyone with a copy of the proposed amendment. Rockdale County Board of Commissioners. Sworn to and subscribed before me this the 1st day of June, 1978. /s/ Jenell Orr Notary Public Notary Public, Georgia, State at Large. Filed in the Office of the Secretary of State June 9, 1978.

Page 4715

CHAPTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 4716

CITY OF AMERICUSCOMPENSATION OF MAYOR AND CITY COUNCIL. An Ordinance to amend an Act creating a Charter for the Mayor and City Council of Americus (Georgia Laws 1889, pp. 961-975, Act No. 624, Section XVI, as amended) pursuant to the authority granted by (Georgia Laws 1965, p. 298, 302; 1966, pp. 296, 298; 1973, pp. 778, 780; 1974, p. 195; 1975, p. 28) so as to set compensation of the Mayor and Aldermen and Mayor Pro-Tem of the Mayor and City Council of Americus; and repeal conflicting laws; and for other purposes. Be it ordained by the Mayor and Aldermen of the Mayor and City Council of Americus, and it is hereby ordained by the authority of the same as follows, to wit: 1. That an act creating a charter for the Mayor and City Council of Americus, (Georgia Laws 1889, pp. 961-975, Act No. 624, Section XVI, as amended) is hereby further amended by striking said Section XVI, as amended, and substituting in lieu thereof a new Section XVI, to read as follows: The salary of the Mayor of the Mayor and City Council of Americus shall be $500.00 per month, the salary of the Mayor Pro-Tem of the Mayor and City Council of Americus shall be $300.00 per month, and the salaries of the Aldermen of the Mayor and City Council of Americus shall be $250.00 per month. 2. All laws or parts of laws in conflict herewith are hereby repealed. 3. This ordinance shall become effective on January 1, 1979. Adopted at two regular consecutive meetings of the Mayor and Aldermen of the Mayor and City Council of Americus not less than seven nor more than sixty days apart. This 6th day of March, 1978. Mayor and City Council of Americus /s/ John W. Sheffield, Jr. Mayor Attest: /s/ Don F. Whitaker Clerk-Treasurer

Page 4717

Notice. Notice is hereby given that the Mayor and Aldermen of the Mayor and City Council of Americus will consider an amendment to the Charter of the Mayor and City Council of Americus (Georgia Laws 1889, pp. 961-975, Act No. 624, Section XVI) as amended pursuant to the authority granted by (Georgia Laws 1965, P. 298 as amended) so as to set the compensation for the aldermen, mayor pro-tem and mayor of the Mayor and City Council of Americus to become effective January, 1979. The aforesaid amendment will be considered at the regular monthly meetings to be held on February 20, 1978, and March 6, 1978. A copy of the proposed amendment is on file in the Office of the Clerk of the Mayor and City Council of Americus 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 Mayor and City Council of Americus will furnish anyone, upon written request, a copy of the proposed amendment. This 17th day of February, 1978. Mayor and City Council of Americus /s/ John W. Sheffield, Jr. Mayor Affidavit Georgia, Sumter County. Before me the undersigned authority, personally appeared William E. Blair, publisher of the Americus Times Recorder, who on oath deposes and says that the following notice containing a synopsis of a proposed amendment to the Charter of the Mayor and City Council of Americus was published in the Americus Times Recorder on Friday, February 17, 1978, February 24, 1978, and March 3, 1978. /s/ William E. Blair Publisher Americus Times Recorder

Page 4718

Sworn to and subscribed before me, this 9th day of March, 1978. /s/ Jay Hudson Notary Public, Georgia, State at Large. My Commission Expires May 12, 1979. Legal Notice. Notice is hereby given that the Mayor and Aldermen of the Mayor and City Council of Americus will consider an amendment to the Charter of the Mayor and City Council of Americus (Georgia Laws 1889, pp. 961-975, Act No. 624, Section XVI) as amended pursuant to the authority granted by (Georgia Laws 1965, P. 298 as amended) so as to set the compensation for the aldermen, mayor pro-tem and mayor of the Mayor and City Council of Americus to become effective January, 1979. The aforesaid amendment will be considered at the regular monthly meetings to be held on February 20, 1978, and March 6, 1978. A copy of the proposed amendment is on file in the Office of the Clerk of the Mayor and City Council of Americus 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 Mayor and City Council of Americus will furnish anyone, upon written request a copy of the proposed amendment. This 17th day of February, 1978. Mayor and City Council of Americus /s/ John W. Sheffield, Jr. Mayor Filed in the Office of the Secretary of State March 10, 1978. CITY OF ATLANTAMAYOR'S SALARY An Ordinance to amend the Charter of the City of Atlanta, (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to amend Section 3-104 in order to increase the compensation for the office of mayor from $40,000.00 to $50,000.00 per annum; so as to provide for the

Page 4719

publication in a newspaper of general circulation with respect to such proposed increase; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the Council of the City of Atlanta, as follows: Section 1. That Section 3-104 of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by repealing said section in its entirety and by substituting in lieu thereof a new section which shall read as follows: The compensation for the office of Mayor shall be $50,000.00 per annum. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the Office of the Clerk of the Superior Court of Fulton County and DeKalb County that Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. A true copy /s/ Jessy C. Bearden Adopted by City Council Jan. 3, 1978. Returned to the Clerk of Council without Action by the Mayor. Approved Sec. 2-403 of 1974 Charter.

Page 4720

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 12th and 27th days of December, 1977. As provided by law. /s/ Bessie K. Crowell Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to amend Section 3-104 in order to increase the compensation for the office of Mayor from $40,000.00 to $50,000.00 per annum; so as to provide for the publication in a newspaper of general circulation with respect to such proposed increase; to repeal conflicting laws, and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 8th day of December, 1977. /s/ L. M. Dingle Clerk of Council City of Atlanta

Page 4721

Subscribed and sworn to before me, this 28th day of Dec., 1977. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. 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 Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15, 22 and 29th day of December, 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 29th day of Dec., 1977. /s/ Betty N. Branch Notary Public. My Commission Expires Oct. 18th, 1981. (Seal). Notice of Proposed Amendment to Charter of the City of Atlanta Georgia, DeKalb County. Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved

Page 4722

March 16, 1973), so as to amend Section 3-104 in order to increase the compensation for the office of Mayor of $40,000.00 to $50,000.00 per annum; so as to provide for the publication in a newspaper of general circulation with respect to such proposed increase; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This is the 8th day of December, 1977. /s/ Larry M. Dingle Clerk of Council City of Atlanta Filed in the Office of the Secretary of State January 13, 1978. CITY OF ATLANTAGROUP INSURANCE BOARD OF TRUSTEES. An Ordinance to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq., Appendix I (54) so as to repeal Ga. Laws 1944, p. 257 (as set forth in the former Atlanta City Charter Ga. Laws 1874, 3.1.52) in its entirety and by substituting in lieu thereof a new provision which shall alter the composition of, election procedures for and responsibilities of the Atlanta Group Insurance Board of Trustees. Be it ordained by the Council of the City of Atlanta as follows: Section 1. That Appendix I (54) of the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq.) is hereby amended by repealing Ga. Laws 1944, p. 257 (as set forth in the former Atlanta City Charter Ga. Laws 1874, 3.1.52) in its entirety and substituting in lieu thereof the following: Group life insurance for all officers and employees of the City of Atlanta and the Atlanta Board of Education shall be managed by a

Page 4723

board of trustees consisting of eighteen (18) trustees, whose initial terms of office shall commence on the third Thursday in March, 1978. Twelve (12) trustees shall be elected for staggered terms of four (4) years, as follows: two (2) by employees of the City of Atlanta's Department of Environment and Streets, two (2) by employees of the City of Atlanta's Department of Public Safety, six (6) by officers and employees of the Atlanta Board of Education and two (2) by officers and employees of the City of Atlanta outside the departments, bureaus and offices set forth above. In February 1980 and February of each even numbered year thereafter, an election shall be held to fill the vacancies of those trustees whose terms expire on the third Thursday of March of each such year. For the initial election of said trustees, that trustee of the two (2) trustees elected by employees of the Department of Environment and Streets who receives the larger number of votes from said employees shall serve for a term of four (4) years, with the trustee who receives the fewer number of votes from said employees serving for a term of two (2) years. That trustee of the two (2) trustees elected by employees of the Department of Public Safety who receives the larger number of votes from said employees shall serve for a term of four (4) years, with the trustee who receives the fewer number of votes from said employees serving for a term of two (2) years. Those three (3) trustees of the six (6) trustees elected by officers and employees of the Atlanta Board of Education who receive the highest number of votes from said officers and employees shall serve for terms of four (4) years, with those three (3) trustees who receive the fewest votes from said officers and employees serving for terms of two (2) years. That trustee of the two (2) trustees elected by officers and employees of other departments, bureaus and offices who receives the larger number of votes from said officers and employees shall serve for a term of four (4) years, with the trustee who receives the fewer number of votes from said officers and employees serving for a term of two (2) years. One (1) trustee shall be elected as chairperson of the board and one trustee shall be elected as vice-chairperson of the board for terms of two (2) years by the twelve elected members of the board of trustees from among their number; provided that said chairpersonship and vice-chairpersonship shall be held by a representative of City of Atlanta officers and employees and a representative of Atlanta Board of Education officers and employees on an alternating basis. If said chairperson or vice-chairperson is a licensed insurance agent or counselor, he or she shall not be affiliated with any insurance company with which the board of trustees shall maintain insurance coverage for its officers and

Page 4724

employees. The remaining six (6) trustee positions shall be ex-officio, non-voting positions and shall be filled by the City of Atlanta's Commissioner of Finance, who also shall serve as Secretary-Treasurer of said board, Director of Purchasing and Real Estate, and Director of Personnel, and the Atlanta Board of Education's Comptroller, Purchasing Agent and Personnel Director. Said board shall be required to meet at least twice each year. A majority of the voting members shall constitute a quorum for meeting purposes. Said board shall have the power to adopt by-laws putting into effect these provisions and other provisions relating to meetings of the board, the filling of vacancies occurring on said board, and such other matters pertaining to the management of group insurance as may properly come under its supervision. Said board, exclusive of those trustees representing officers and employees of the Atlanta Board of Education, shall also manage the hospitalization and major medical insurance for the officers and employees of the City of Atlanta, including the power to adopt by-laws relating to meetings, election of officers, and such other matters relating to the management of group hospitalization and major medical insurance as may properly come under its supervision. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq.), as amended, shall be filed in the Office of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week in which the last advertisement was published. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk of Council Adopted by City Council Feb. 6, 1978.

Page 4725

Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq., Appendix I (54)) so as to repeal Ga. Laws 1944, p. 257 (as set forth in former Atlanta City Charter 1874, 3.1.52) in its entirety and by substituting in lieu thereof a new position which shall alter the composition of, election procedures for, and responsibilities of the Atlanta Group Insurance Board of Trustees. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the day of, 1978. Clerk of Council, City of Atlanta EXHIBIT A 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 January 19, 1978, January 23, 1978, and January 30, 1978. /s/ Becky Busby

Page 4726

Sworn to and subscribed before me, this 22nd day of February, 1978. /s/ J. E. Nickelson Notary Public My Commission Expires?? Notice of Proposed Amendment to Charter of the City of Atlanta EXHIBIT A Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq., Appendix I (54)) so as to repeal Ga. Laws 1944, p. 257 (as set forth in former Atlanta City Charter 1874, 3.1.52) in its entirety and by substituting in lieu thereof a new provision which shall alter the composition of election procedures for and responsibilities of the Atlanta Group Insurance Board of Trustees. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 17th day of January, 1978. /s/ Larry Dingle Clerk of Council, City of Atlanta 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

Page 4727

on the 19, 26 days of January, 1978, and on the 2 days of February, 1978. As provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 3th day of February, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq., Appendix I (54)) so as to repeal Ga. Laws 1944, p. 257 (as set forth in former Atlanta City Charter 1874, 3.1.52) in its entirety and by substituting in lieu thereof a new provision which shall alter the composition of, election procedures for, and responsibilities of the Atlanta Group Insurance Board of Trustees. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 17th day of January, 1978. /s/ Larry M. Dingle Clerk of Council City of Atlanta 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

Page 4728

of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intent to Introduce Local Legislation, a ture copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26 day of January, 1978 and 2nd February, 1978. /s/ Gerald 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 2nd February, 1978. /s/ Betty N. Branch Notary Public. My Commission Expires Oct. 18, 1981. (Seal). Filed in the Office of the Secretary of State February 27, 1978. Approved by Mayor Feb. 14, 1978. CITY OF ATLANTACHIEF OF POLICE An Ordinance under and by virtue of the Municipal Home Rules Act of 1965 (Ga. L. 1965, P. 298, et seq.) as amended and pursuant to Section 7-104 of the Charter of the City of Atlanta, (Ga. L. 1973, 2188, 2249), so as to provide for a Chief of Police in the Atlanta Bureau of Police Services who shall be the equivalent of a Deputy Commissioner in the Department of Public Safety; to repeal conflicting ordinances, and for other purposes. Be and it is hereby ordained by the Council of the City of Atlanta as follows: Section 1. Part II, Section 1 (b) of the Ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the City of Atlanta is hereby amended by striking said Part II, Section 1 (b) in its entirety and substituting in lieu thereof the following: (b) Each Bureau shall be headed by a Director appointed by the Mayor who shall, subject to the detailed direction and supervision by the department head of said department, direct and supervise the

Page 4729

operations of said Bureau. Any orders, directions, practices, procedures, policies, regulations or other actions of said Bureau Directors may be changed, altered, amended or rescinded by the head of the department under whose jurisdiction said Bureau lies or by the Mayor; provided, however, in addition to a Director of the Bureau of Police Services, there shall be in the Department of Public Safety a Chief of Police who shall be the equivalent of a Deputy Commissioner in the Department of Public Safety and who shall be in the unclassified Civil Service; and provided further that said Chief of Police shall, when delegated by the Commissioner of the Department of Public Safety, have all of the power and authority of a department head with regard to the Atlanta Bureau of Police Services so as to supervise the day-to-day operation of all divisions, units and commands in the Bureau of Police Services and he or she shall be responsible for the recommendation, implementation and enforcement of rules, regulations and procedures affecting said Bureau of Police Services; and provided further that said Chief of Police shall be appointed by the Mayor and confirmed by the Council for a term not to exceed March 31, 1980. Each Bureau Director shall be appointed to a term of four (4) years except that any person serving as director of a department or as a department head of the government of the City of Atlanta on the effective date of the new Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq.) who is appointed to and accepts the position of Bureau Director shall serve a term as Bureau Director equivalent to the remaining years of the term of the office said person previously held. Each Bureau Director shall be subject to removal as provided in the Charter with respect to department heads, except that the Council may override the Mayor's removal only upon a vote of two-thirds of the total membership of the Council. Vacancies in the Bureau Director position shall be filled for the unexpired portion of the term by the method as provided for above. Section 2. That a copy of this proposed amendment to the ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the government of the City of Atlanta, 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 ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the

Page 4730

government 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 ordinance and parts of ordinances in conflict herewith are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk of Council. Adopted as amended by Atlanta City Council March 20, 1978 Notice of Proposed Amendment to the Ordinance establishing the Administrative Organization of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the ordinance establishing the administrative organization of the City of Atlanta as required by Section 7-104 of the Charter of the City of Atlanta (Ga. L. 1973, 2188, 2249), as amended, so as to provide for a Police Chief in the Atlanta Bureau of Police Services who shall be the equivalent of a deputy commissioner in the Department of Public Safety; to repeal conflicting 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 Office of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 24th day of February, 1978. Larry Dingle Clerk of Council City of Atlanta

Page 4731

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 Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 2, 9 16 day of March, 1978. /s/ Gerald W. Crane Co-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 16th day of March, 1978. /s/ Betty M. Branch Notary Public My Commission expires Oct. 18, 1981. (Seal) Notice of Proposed Amendment to the Ordinance establishing the Administrative Organization of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the Ordinance establishing the administrative organization of the City of Atlanta as required by Section 7-104 of the Charter of the City of Atlanta (Ga. L. 1973, 2188, 2249) as amended, so as to provide for a Police Chief in the Atlanta Bureau of Police Services who shall be the equivalent of a deputy commissioner in the Department of Public Safety; to repeal conflicting 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

Page 4732

Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 23rd day of February, 1978. Larry M. Dingle 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 he/she is the Customer Service representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and the Atlanta Constitution (Sunday), Newspapers of the 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 February 28, 1978, March 6, 1978, March 13, 1978. /s/ Becky Busby Sworn to and subscribed before me, this 27th day of March, 1978. /s/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981. Notice of Proposed Amendment to the Ordinance establishing the Administrative Organization of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the ordinance establishing the administrative organization of the City of Atlanta as required by Section 7-104 of the Charter of the City of Atlanta (Ga. L. 1973, 2188, 2249), as amended, so as to provide for a Police Chief in the Atlanta Bureau of Police Services who

Page 4733

shall be the equivalent of a deputy commissioner in the Department of Public Safety; to repeal conflicting 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 24th day of February, 1978. /s/ Larry Dingle, Clerk of Council, City of Atlanta EXHIBIT A Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came France K. Beck, who, being first duly sworn, according to law, says that he is the Vice-President of the Daily Report Company, publishers of the Fulton County Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27th day of February, 1978, and on the 6th and 13th days of March, 1978. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 30th day of March, 1978. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Filed in the Office of the Secretary of State April 10, 1978. Approved March 21, 1978

Page 4734

CITY OF ATLANTACOMPENSATION OF PRESIDENT OF COUNCIL 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 II, Chapter 2 of the Charter of the City of Atlanta, Ga. L. 1973, p. 2188, et seq., approved March 16, 1973, as amended, so as to provide that the compensation for the office of President of the Council shall be increased to $14,000 per annum; so as to authorize the President of Council to employ subject to civil service rules such employees as may be necessary for the proper discharge of the president's functions; to repeal conflicting laws and other ordinances; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1. That Article II, Chapter 5 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 Section 2-203 in its entirety and substituting in lieu thereof the following: The compensation for the office of President of the Council shall be $14,000 per annum. Section 2. That Article II, Chapter 2 of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by adding a section to be numbered Section 2-205, which section reads as follows: The President of Council shall be authorized to employ subject to civil service rules such employees as may be necessary for the proper discharge of the functions of the Office of President of Council. Adequate facilities and office space for such staff shall be provided. Said staff shall be within the civil service system of the City. Section 3. The compensation for the office of President of the Council, as provided for in Section 1, above, shall be effective as of the first Monday in January, 1978, notwithstanding the provisions of Section 2-307 of the Charter of the City of Atlanta, as amended. Section 4. That a copy of this proposed amendment to the

Page 4735

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 a 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 5. 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 March 20, 1978. Legal Notices. Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article II, Chapter 2 so as to provide that the compensation for the office of President of the Council shall be increased to $14,000 per annum; so as to authorize the President to employ subject to civil service rules such employees as may be necessary for the proper discharge of the duties of the President; so as to provide for the publication in a newspaper of general circulation with respect to such proposed increase; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Offices

Page 4736

of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 23 day of February, 1978. /s/ Larry M. Dingle 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 he/she is the Customer Service Representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution February 28, 1978, March 6, 1978, March 13, 1978. /s/ Becky Busby Sworn to and subscribed before me, this 27th day of March, 1978. /s/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981. Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article II,

Page 4737

Chapter 2 so as to provide that the compensation for the office of President of the Council shall be increased to $14,000 per annum; so as to authorize the President to employ subject to civil service rules such employees as may be necessary for the proper discharge of the duties of the President; so as to provide for the publication in a newspaper of general circulation with respect to such proposed increase; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 24th day of February, 1978. /s/ Larry Dingle Clerk of Council City of Atlanta 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 Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 2, 9 and 16 day of March, 1978. /s/ Gerald W. Crane Co-publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

Page 4738

Sworn to and subscribed before me, this 16th day of March, 1978. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18th, 1981. (Seal) Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article II, Charter 2 so as to provide that the compensation for the office of President of the Council shall be increased to $14,000 per annum; so as to authorize the President to employ subject to civil service rules such employees as may be necessary for the proper discharge of the duties of the President; so as to provide for the publication in a newspaper of general circulation with respect to such proposed increase; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 24th day of February, 1978. /s/ Larry Dingle Clerk of Council City of Atlanta EXHIBIT A Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally

Page 4739

came Frances K. Beck, who, being first duly sworn, according to law, says that he 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 27th day of February, 1978, and on the 6th and 13th days of March, 1978, as provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 30th day of March, 1978. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Filed in the Office of the Secretary of State April 11, 1978. Approved by the Mayor March 28, 1978. CITY OF ATLANTADEPARTMENTS. An Ordinance to amend an Ordinance entitled An Ordinance specifying the names of the Executive Branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head. Adopted March 4, 1974, and approved March 7, 1974, as amended, so as to repeal certain divisions and sections of said ordinance and to substitute in lieu thereof certain amendments constituting a plan of reorganization of the departments of the City of Atlanta, in accordance with Section 3-302 of the Charter of the City of Atlanta, Georgia Laws 1973 pages 2188, et seq., as amended, to repeal conflicting laws and ordinances; and for other purposes. Be and it is hereby ordained by the Council of the City of Atlanta, Georgia as follows: Section 1. That Part I, Section 1 of the Ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the City of Atlanta is hereby amended by striking

Page 4740

said Part I, Section 1 in its entirety and substituting in lieu thereof the following: Section 1. The following departments and department heads thereof are hereby created in the Executive Branch of the City of Atlanta: (a) Department of Budget and Planning to be headed by a Commissioner of Budget and Planning; (b) Department of Community and Human Development to be headed by a Commissioner of Community and Human Development; (c) Department of Parks, Libraries and Cultural Affairs to be headed by a Commissioner of Parks, Libraries and Cultural Affairs; (d) Department of Public Safety to be headed by a Commissioner of Public Safety; (e) Department of Environment and Streets to be headed by a Commissioner of Environment and Streets; (f) Department of Aviation to be headed by a Commissioner of Aviation; (g) Department of Finance to be headed by a Commissioner of Finance, which shall be the same job as established by the Charter entitled Director of Finance; (h) Department of Law to be headed by the City Attorney; (i) Department of the Mayor to be headed by the Chief Administrative Officer. Section 2. That Part II, Section 1 of said Ordinance is hereby amended by striking Part II, Section 1 in its entirety and substituting in lieu thereof the following: Section 1. (a) Each department operating under the Executive Branch may be divided into Bureaus or Offices;

Page 4741

(b) Each Bureau or Office shall be under the direct supervision and control of a Director appointed by the Mayor, each of whom shall be in the unclassified civil service, and shall be subject to the detailed direction and supervision by the Department Head of said Department. Each Bureau or Office Director shall be appointed to a term of four years and shall be subject to removal as provided in the Charter with respect to department heads, except that the Council may over-ride the Mayor's removal only upon a vote of two-thirds of the total membership of the Council. Vacancies in a Bureau or Office Director position shall be filled for the unexpired portion of the term by the method as provided for above. Section 3. That Part II, Section 3 of said Ordinance is hereby amended by striking said Part II, Section 3 in its entirety. Section 4. (a) That Part II, Section 2 (c) of said Ordinance is hereby amended by striking paragraph (5) of said Part II, Section 2 (c) in its entirety and substituting in lieu thereof the following: (5) With assistance from the Department of Finance, preparation of recommended budget policies and priorities for the Mayor, preparation of the annual Capital Improvements Program in confromance with the City's adopted Comprehensive Development Plan, and preparation of the City's annual operating and capital budgets in line item form for the purpose of making recommendations to the City Council. (b) Said Part II, Section 2(c) is further amended by adding the following two paragraphs. (8) Reviewing and recommending action to the Mayor on proposed changes and modifications to the adopted budget. (9) Conduct budget hearings and analysis at the direction and on behalf of the Mayor and the Chief Administrative Officer. Section 5. That Part II, Section 4(c) of said Ordinance is hereby amended by striking paragraphs (5), (12) and (13) of said Part II, Section 4(c) in their entirety.

Page 4742

Section 6. That Part II, Section 9(b) of said Ordinance is hereby amended by striking said Part II, Section 9(b) in its entirety and substituting in lieu thereof the following: (b) The Department of Finance shall consist of the following Bureaus: (1) Bureau of Accounting and Budget Administration; (2) Bureau of Treasury, Licensing and Employee Benefits; (3) Bureau of Financial Analysis and Auditing. Section 7. (a) That Part II, Section 9(c) of said Ordinance is hereby amended by striking paragraph (1) of said Part II, Section 9(c) in its entirety. (b) That Part II, Section 9 (c) is further amended by striking paragraph (11) of said Part II, Section 9(c) in its entirety and substituting in lieu thereof the following: (11) Assist the Department of Budget and Planning in developing and issuing budget manual prescribing forms, procedures and instructions for preparation of the annual operating budget and capital improvements program; aid in management and legislative review; revise estimates and assist the Department of Budget and Planning in the Preparation of the budget and capital improvements program documents. (c) That Part II, Section 9(c) is further amended by striking sub-paragraph (12) of said Part II, Section 9(c) in its entirety and substituting in lieu thereof the following: (12) Prepare allotment schedules and personnel controls; and review monthly-quarterly performance reports with departments, the Mayor and the Chief Administrative Officer. Section 8. That a new section be added to Part II as Section 11 as follows:

Page 4743

Section 11. Department of the Mayor. (a) The Department of the Mayor shall consist of eight (8) officers: (1) Office of Management Systems (2) Office of Employment and Training (3) Office of General Services (4) Office of Equal Opportunity (5) Office of Consumer Affairs (6) Office of Purchasing and Real Estate (7) Office of Mayor Transport Services (8) Office of Econonic Development (b) That the functions and duties of the Department of the Mayor shall include: (1) Providing system analysis, computer programming and operation of electronic data processing equipment for the purpose of furnishing data processing services to all branches and all agencies of City government, subject to priorities for computer usage as established by the Department of Budget and Planning. In conjunction with the Department of Finance, implement and operate accounting and financial management systems of the City and its respective branches, departments, offices, boards, and commissions and other agencies thereof. (2) Recruiting personnel for classified service; (3) Advertising job opportunities and requirements; (4) Preparing and administering a pay plan covering all employees; establishing and maintaining a roster of all employees; (5) Administering in-service training and other educational programs for employees, administering employee benefits and programs; analyzing proposals for employee benefits and programs; (6) Conducting employee labor relations; (7) Coordinating the activities of the Atlanta Civil Service Board;

Page 4744

(8) Planning, development and administration of grants, contracts and other services associated with federally funded skills, training and public service employment programs; (9) Administering the City's Affirmative Action Program as it applies to City employment. (10) Providing property management, records management and printing and duplicating services to all branches and agencies of City government. (11) Monitoring the effectiveness of all City government efforts with regard to promoting equal opportunity in employment and contracting; (12) Recommending ordinances, executive and administrative directives to assure that the goals and objects of affirmative action and equal opportunity are implemented; (13) Designing reporting formats for evaluating and monitoring progress toward achievement of affirmative action goals and equal opportunity in City government; (14) Recommending City policy based upon federal, state, and local court decisions and legislative emactments in the field of affirmative action in employment and contracting; (15) Providing consumer protection, information and referral on behalf of City government; (16) Purchasing and procurement, products testing and control, sale and disposal of personal property, land operations and general inventory control; (17) Acquiring and disposing of real estate in connection with the programs and projects of the City; (18) Negotiating leases in connection with the needs of the programs and projects of the City; (19) Assisting in the preparation of contracts for all branches and agencies of City government;

Page 4745

(20) Administering the City's Affirmative Action and equal opportunity programs as they relate to contracting and purchasing functions; (21) Performing such other duties and responsibilities as the Mayor or the City Council may delegate; (22) Supervising, maintaining, repairing and controlling all appropriate City vehicles and communications equipment. (23) Encouraging and stimulating economic development of appropriate nature, quality and location within the City; providing coordination among City development programs and similar activities in the private sector, particularly as related to public-private participation activities, and establishment of priorities for development. (c) That each Office within the Department of the Mayor shall be headed by a director who shall have the same status of and shall function as would the Director of a Bureau. The Directors of said offices shall function under the direction and supervision of the Chief Administrative Officer. (d) That the functions and duties enumerated herein above shall be placed into the appropriate office by executive order of the mayor. Section 9. That a copy of this proposed amendment to the Ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the government of the City of Atlanta, as amended, shall be filed in the Office of the Clerk of Council and in the Offices of the Clerk of the Superior Courts of Fulton County and DeKalb County and that the Notice of Proposed amendment to an ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the government 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

Page 4746

such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 10. That all laws and part 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 June 19, 1978. EXHIBIT A Notice of Proposed Amendment to the Ordinance Establishing the Administrative Organization of the City of Atlanta Notice is hereby given that an ordinance has been introduced to make several amendments to the ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the City of Atlanta; to repeal conflicting laws; and for other purposes. The purposes of said amendments, which are a Plan of Reorganization submitted pursuant to Section 3-302 of the Charter of the City of Atlanta, include the following: creation of a Department of the Mayor; elimination of the Department of Administration Services; addition of the Bureau of Economic Development to the Department of Budget and Planning; provision for the Finance Department's assistance to the Department of Budget and Planning in the preparation of various budgetary and capital improvement programs; authorization for the Department of Budget and Planning to make budgetary recommendations and to conduct hearings; transfer of certain economic development, manpower, consumer affairs and management systems functions, and creation of offices within departments.

Page 4747

These amendments shall become effective within sixty days after submission to the City Council unless within that time the Council shall adopt, modify or reject these amendments. 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 County and DeKalb County, Georgia, for purposes of examination and inspection by the public. This day of,1978. Clerk of Council City of Atlanta Notice of Proposed Amendment to the Ordinance Establishing the Administrative Organization of the City of Atlanta EXHIBIT A Notice is hereby given that an ordinance has been introduced to make several amendments to the ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the City of Atlanta; to repeal conflicting laws; and for other purposes. The purposes of said amendments, which are a Plan of Reorganization submitted pursuant to Section 3-302 of the Charter of City of Atlanta, include the following: creation of a Department of the Mayor; elimination of the Department of Administration Services; addition of the Bureau of Economic Development to the Department of Budget and Planning; provision for the Finance Department's assistance to the Department of Budget and Planning in the preparation of various budgetary and capital improvement programs; authorization for the Department of Budget and Planning to make budgetary recommendations and to conduct hearings; transfer of certain economic development, manpower, consumer affairs and management systems functions, and creation of offices within departments. These amendments shall become effective within sixty days after

Page 4748

submission to the City Council unless within that time the Council shall adopt, modify or reject these amendments. 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 County and DeKalb County, Georgia, for purposes of examination and inspection by the public. This 26th day of May, 1978. /s/ Larry M. Dingle Clerk of Council City of Atlanta 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 Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8, 15, 22 day of June, 1978. /s/ Gerald W. Crane, Publisher Samme Toycen Acknowledgment of the publisher must be made before a notary public or other public official authorized to administer oaths. Sworn to and subscribed before me, this 22nd day of June, 1978. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18, 1981. (Seal).

Page 4749

Notice of Proposed Amendment to the Ordinance Establishing the Administrative Organization of the City of Atlanta Notice is hereby given that an ordinance has been introduced to make several amendments to the ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the City of Atlanta; to repeal conflicting laws; and for other purposes. The purposes of said amendments, which are a Plan of Reorganization submitted pursuant to Section 3-302 of the Charter of City of Atlanta, include the following: creation of a Department of the Mayor; elimination of the Department of Administration Services; addition of the Bureau of Economic Development to the Department of Budget and Planning; provision for the Finance Department's assistance to the Department of Budget and Planning in the preparation of various budgetary and capital improvement programs; authorization for the Department of Budget and Planning to make budgetary recommendations and to conduct hearings; transfer of certain economic development, manpower, consumer affairs and management systems functions, and creation of offices within departments. These amendments shall become effective within sixty days after submission to the City Council unless within that time the Council shall adopt, modify or reject these amendments. 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 County and DeKalb County, Georgia, for purposes of examination and inspection by the public. This 26th day of May, 1978. /s/ Larry M. Dingle Clerk of Council City of Atlanta

Page 4750

Affidavit of Publication Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), 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 Journal and The Atlanta Constitution on May 29, June 5, and June 12, 1978. /s/ Becky Busby Sworn to and subscribed before me, this 23 day of June, 1978. /s/ Jack A. Donley Notary Public, Georgia, State at Large. My Commission Expires Aug. 16, 1981. EXHIBIT A Amendment to the Notice of Proposed Ordinance Establishing the Administrative Organization of the City of Atlanta Notice is hereby given that an ordinance has been introduced to make several amendments to the ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the City of Atlanta; to repeal conflicting laws; and for other purposes. The purposes of said amendments, which are a Plan of Reorganization submitted pursuant to Section 3-302 of the Charter of City of Atlanta, include the following: creation of a Department of

Page 4751

the Mayor; elimination of the Department of Administration Services; addition of the Bureau of Economic Development to the Department of Budget and Planning; provision for the Finance Department's assistance to the Department of Budget and Planning in the preparation of various budgetary and capital improvement programs; authorization for the Department of Budget and Planning to make budgetary recommendations and to conduct hearings; transfer of certain economic development, manpower, consumer affairs and management systems functions, and creation of offices within departments. These amendments shall become effective within sixty days after submission to the City Council unless within that time the Council shall adopt, modify or reject these amendments. 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 County and DeKalb County, Georgia, for purposes of examination and inspection by the public. This 26th day of May, 1978. /s/ Larrv M. Dingle 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 he 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 30th day of May, 1978, and on the 5, 12, 19 days of June, 1978. As provided by law. /s/ Frances K. Beck

Page 4752

Subscribed and sworn to before me, this 27th day of June, 1978. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. (Seal). Filed in the Office of the Secretary of State July 6, 1978. Approved by Mayor June 22, 1978. CITY OF ATLANTACOUNCIL EMPLOYEES. An Ordinance to amend Article 2, Chapter 3, Section 2-305 of the City Charter (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to delete the provision that no council employees shall serve as staff for individual members of council; 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 2, Chapter 3, Section 2-305 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 first sentence of Subsection (a) of said section the words and punctuation ; provided, that no such employees shall serve as staff for individual members of the Council, so that, as amended, said sentence shall read as follows: (a) The Council shall be authorized to employ subject to Civil Service Rules such employees as may be necessary for the proper discharge of its functions. 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

Page 4753

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 Aug. 21, 1978. Returned to the Office of Clerk without action by Mayor Aug. 29, 1978. Approved per Sec. 2-403 of 74 Charter. 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 2, Chapter 3, Section 2-305 of the City Charter (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to delete the provision that no Council employees shall serve as staff for individual members of Council; 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 County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 18th day of July, 1978. /s/ Larry M. Dingle Clerk of Council City of Atlanta

Page 4754

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 he 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 July, 1978, and on the 7 14 days of August, 1978. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 21st day of August, 1978. /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, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on July 31, August 7, and August 14, 1978. /s/ Becky Busby

Page 4755

Sworn to and subscribed before me, this 14 day of August, 1978. /s/ Jack A. Donley Notary Public, Georgia, State at Large. My Commission Expires Aug. 16, 1981. 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 2, Chapter 3, Section 2-305 of the City Charter (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to delete the provision that no Council employees shall serve as staff for individual members of Council; 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 18th day of July, 1978. /s/ Larry M. Dingle Clerk of Council City of Atlanta 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 Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 3, 10, 17 days of August, 1978. /s/ Gerald W. Crane, Publisher /s/ Samme Toycen, Agent

Page 4756

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 17th day of August, 1978. /s/ Betty M. Branch Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1981. (Seal). Filed in the Office of the Secretary of State September 1, 1978. CITY OF BRUNSWICKEXCHANGE OF LAND AUTHORIZED. An Ordinance to amend the charter of the City of Brunswick, particularly to amend Section 5 of an Act of 1939 (Ga. Laws 1939, pp. 903, 907, Brunswick City Code of 1952, Charter Sec. 215) pursuant to the Municipal Home rule act of 1965, so as to authorize the City of Brunswick to trade and convey that portion of Hillary Square designated as Ross Park, a public park within the City, to another property owner in return for land of like value to be used for park purposes. Be it ordained by the Commission of the City of Brunswick, Georgia, pursuant to the Municipal Home Rule Act of 1965 (Ga. Code Sec. 69-1017 (b) (1)): Section 1. That the Charter of the City of Brunswick as amended, particularly as amended by Section 5 of an Act of 1939 (Ga. Laws 1939, pp. 903, 907, Brunswick City Code of 1952, Charter Sec. 215) is hereby amended so as to provide: (a) That, notwithstanding any other provision of the Charter of the City of Brunswick to the contrary, the City of Brunswick shall be authorized to trade and convey that portion of Hillary Square designated as Ross Park, a public part within the City of Brunswick, Glynn County, Georgia, to another property owner in return for land of like value within the City of Brunswick, to be used for park purposes, if said trade is deemed by the Commission of the City of Brunswick to be in the best interest of the City.

Page 4757

(b) That the land which the City of Brunswick is authorized to convey as set forth hereinabove is all that portion of Hillary Square, as the same is shown upon the well-known map and plan of the City of Brunswick, lying east of Norwich Street, said portion of Hillary Square having been heretofore designated as Ross Park, and forming a square having the dimensions of 90 feet by 90 feet, bounded on the north by Old Town Lot 343, on the East by Carpenter Street, on the South by Old Town Lot No. 344 and on the west by Norwich Street. Section 2. That this ordinance shall take effect as an amendment to the Charter of the City of Brunswick immediately upon its final adoption and filing of same with the Secretary of State and Clerk of the Superior Court of Glynn County as required by the Municipal Home Rule Act of 1965. Read and ordered published: August 2, 1978. Read second and third times and adopted: August 16, 1978. Second and Final Adoption: Read and ordered published: August 16, 1978. Read second and third times and adopted: September 6, 1978. /s/ Reginald Holzendorff Mayor Attest: /s/ Harriet S. Jennings Clerk, City of Brunswick Notice of Amendment to Charter of City of Brunswick Notice is hereby given that the City of Brunswick will adopt an amendment to the Charter of the City of Brunswick pursuant to the Municipal Home Rule Act of 1965. The Proposed amendment is set forth as follows: An Ordinance to amend the Charter of the City of Brunswick, particularly

Page 4758

to amend Section 5 of an Act of 1939 (Ga. Laws 1939, pp. 903, 907, Brunswick City Code of 1952, Charter Sec. 215) pursuant to the Municipal Home Rule Act of 1965, so as to authorize the City of Brunswick to trade and convey that portion of Hillary Square designated as Ross Park, a public park within the city, to another property owner in return for land of like value to be used for park purposes. Be it Ordained by the Commission of the City of Brunswick, Georgia, pursuant to the Municipal Home Rule Act of 1965 (Ga. Code Sec. 69-1017 (B) (1)): Section 1. That the Charter of the City of Brunswick as amended, particularly as amended by Section 5 of an Act of 1939 (Ga. Laws 1939, pp. 903, 907, Brunswick City Code of 1952, Charter Sec. 215) is hereby amended so as to provide: (a) That, notwithstanding any other provision of the Charter of the City of Brunswick to the contrary, the City of Brunswick shall be authorized to trade and convey that portion of Hillary Square designated as Ross Park, a public park within the City of Brunswick, Glynn County, Georgia, to another property owner in return for land of like value within the City of Brunswick, to be used for park purposes, if said trade is deemed by the Commission of the City of Brunswick to be in the best interest of the City. (b) That the land which the City of Brunswick authorized to convey as set forth hereinabove is all that portion of Hillary Square as the same is shown upon the well-known map and plan of the City of Brunswick, lying east of Norwich Street, said portion of Hillary Square having been heretofore designated as Ross Park, and forming a square having the dimensions of 90 feet by 90 feet, bounded on the north by Old Town Lot 343, on the East by Carpenter Street, on the South by Old Town Lot 344 and on the west by Norwich Street. Section 2. That this ordinance shall take effect as an amendment to the Charter of the City of Brunswick immediately upon its final adoption and filing of same with the Secretary of State and Clerk of the Superior Court of Glynn County as required by the Municipal Home Rule Act of 1965.

Page 4759

The foregoing ordinance was read the first time by the Commission of the City of Brunswick in meeting of August 2, 1978 and was ordered published. A copy of the proposed amendment is on file in the office of the Clerk of the City of Brunswick, at the City Hall in Brunswick, Georgia, and in the office of the Clerk of the Superior Court of Glynn County, at the Court House Annex in Brunswick, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Brunswick will furnish anyone, upon written request, a copy of the proposed amendment. /s/ Harriet S. Jennings Clerk, City of Brunswick Publisher's Affidavit Georgia, Glynn County Personally appeared before the undersigned attesting authority, W. R. Maulden, Advertising Manager of The Brunswick News, a daily newspaper published in aforesaid county, who on oath says that the attached legal notice was published in said newspaper on August 5, 19, 26, September 2, 1978. /s/ W. R. Maulden Sworn to and subscribed before me this 21st day of September, 1978. /s/ Linda Miller Notary Public, Georgia State at Large. My Commission expires February 23, 1981. I do hereby certify that the attached two (2) pages are a true and correct copy of an Amendment to the Charter of the City of Brunswick which was adopted at two consecutive regular meetings of the Municipal Governing Authority of said City on August 16, 1978, and on September 6, 1978. /s/ Harriet S. Jennings Secretary of the Commission of the City of Brunswick, Georgia. Filed in the Office of the Secretary of State September 28, 1978.

Page 4760

CITY OF CENTERVILLEMAYOR'S SALARY. Georgia, Houston County. City of Centerville. This is to certify that at the regular council meeting of the City of Centerville on Tuesday, September 5, 1978, after due legal advertisement the governing body of Centerville voted on and passed a motion to increase the salary of the Mayor of Centerville to Two Hundred Fifty Dollars ($250.00) per month becoming effective December 4, 1978. /s/ Joan Law Assistant City Clerk Affidavit of Publication Houston County State of Georgia Notice of intent to consider action to increase compensation of the Centerville Governing Authority. Notice is hereby given that the governing authority of Centerville will consider taking action to increase the compensation of the Mayor of Centerville. Said action will be considered at the next regular meeting of the Centerville governing at the Municipal Complex at 500 Houston Lake Boulevard, Centerville, Georgia. This the 1 day of August, 1978. Mayor and Council City of Centerville. Personally appeared before me this day, James S. DeRoy, Jr., Editor-General Manager of The Daily Sun, 1553 Watson Boulevard, Warner Robins, Georgia 31093, who certifies that the attached legal

Page 4761

notice was published in The Daily Sun, which has a general circulation in the Warner Robins area, on the following dates: August 15, 1978; August 22, 1978; and August 29, 1978. This 7th day of September, 1978. /s/ James S. DeRoy, Jr. Editor-General Manager The Daily Sun 1553 Watson Boulevard Warner Robins, Ga. 31093 Sworn to and subscribed before me this 7th day of September, 1978. /s/ Judy K. Morrow Notary Public, Houston County, Georgia. My Commission expires February 6, 1981. Filed in the Office of the Secretary of State September 18, 1978. CITY OF COLLEGE PARKEMPLOYEE PENSION FUND. State of Georgia County of Fulton. ORDINANCE NO. 78 An Ordinance to amend the Charter of the City of College Park, (Ga. L. 1895, p. 251, approved December 16, 1895, as amended Ga. L. 1946, p. 445) Section 3-28, College Park Code, relating to management of the City Employee Pension Fund, to repeal conflicting Ordinances, and for other purposes.

Page 4762

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 3-28, Ga. L. 1895, p. 251, approved December 16, 1895, as amended Ga. L. 1946, p. 445, in its entirety and inserting in lieu thereof the following: Section 3-28. Fund Management. Said pension fund shall be managed and invested by the pension board for the use and benefit of all employees of said city participating therein, and for the use and benefit of widows and dependent minor children of employees who have made for their protection the additional contribution of wages which is provided by this act (article). All investments of pension funds shall be authorized by the pension board. The board is specifically authorized to place funds held by it with banks or trust companies having corporate trust powers and authorized to do business in this State, and to authorize any such bank or trust company to invest and reinvest such funds for its account, subject to the provisions relating to investments by domestic insurance companies under the laws of Georgia. The board is further authorized to employ such banks and trust companies as agents for the keeping of records and the receipt and disbursement of funds held by or due the board. The board shall prescribe the powers and duties of such trustees in accordance with this act (article). The board is specifically authorized to place funds held by it with insurance companies authorized to do business in this State for the purpose of investment at guaranteed or anticipated rates of interest. The board is further authorized to purchase insurance contracts on the lives of participating employees and to purchase annuity contracts to provide retirement benefits to participating employees and pay all premiums thereon. The board is further authorized to employ such insurance companies to provide actuarial advice and to provide services in the keeping of records and the receipt and disbursement of funds held by or due the board. The board is authorized to invest and reinvest funds held by it in any investments which are legal investments for domestic insurance companies under the laws of Georgia. A copy of this proposed amendment to the Charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895)

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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. 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 governing authority and the office of the Clerk of the Superior Court of the County 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 May, 1978. Mayor and Council for the City of College Park. /s/ Ralph L. Presley Mayor Attest: /s/ W. W. Leachman City Clerk 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, p. 251, approved December 16, 1895) to provide for the placement of pension funds by the pension board with banks, trust companies, and insurance

Page 4764

companies authorized to do business in the State of Georgia for the purpose of investment and reinvestment, to provide for the investment and reinvestment of pension funds by the pension board in investments which are legal investments for domestic insurance companies under the laws of Georgia, 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 3rd day of April, 1978. /s/ W. W. Leachman City Clerk 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, p. 251, approved December 16, 1895) to provide for the placement of pension funds by the pension board with banks, trust companies, and insurance companies authorized to do business in the State of Georgia for the purposes of investment and reinvestment, to provide for the investment and reinvestment of pension funds by the pension board in investments which are legal investments for domestic insurance companies under the laws of Georgia, 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 3rd day of April, 1978. /s/ Mr. Leachman City of College Park.

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Georgia, Fulton County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Southside Sun a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of City of College Park (Amendment to the Charter of The City of College Park #1641, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 13, 20, 27th day of April, 1978. /s/ Gerald W. Crane Publisher Sworn to and subscribed before me this 20th day of June, 1978. /s/ Donna L. Edwards Notary Public, Georgia State at Large. My Commission expires April 27, 1981. (Seal). Filed in the Office of the Secretary of State June 23, 1978. CITY OF COVINGTONAD VALOREM TAXATION. An Ordinance of the City of Covington, Georgia, to amend the Charter of the City of Covington, Georgia, as enacted by the General Assembly of the State of Georgia by an Act approved January 30, 1962, (Georgia Laws, 1962, page 2003) as amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) by amending Section 65 of the Charter of the City of Covington to eliminate the maximum tax for ad valorem tax purposes to be imposed on taxable property located in Covington, Georgia, to clarify certain provisions of that Charter Section and to provide for the effective date. 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,

Page 4766

that the Charter of the City of Covington is hereby amended by deleting in its entirety the text of Section 65 entitled Taxes; Powers to Levy and Collect; Liens, Enforcement and substituting in lieu thereof, the following: The Mayor and Council may levy and collect for City purposes a tax on the taxable value of real estate, stock in trade and all other property within the City of Covington that may at the time be taxable under the laws of the State of Georgia. The Mayor and Council shall also have the power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of principal and interest of any bonded debt of the City now existing or hereafter to be created by the City. In all cases, the order levying taxes shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. The lien of such taxes, the rank of such lien, and the enforcement and collection thereof by execution and sale shall be as provided by the laws of the State and Section 14 hereof, above. 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); however, in no event shall this Ordinance become effective prior to January 31, 1978. First offered and adopted on the 16th day of January, 1978, and again adopted on the 6th day of February, 1978, the next regularly scheduled meeting of the Mayor and Council of the City of Covington succeeding its regularly scheduled meeting of January 16, 1978. /s/ W. L. Dobbs, Mayor Attest: /s/ (Mrs.) Betty L. Schell City Clerk (City Seal)

Page 4767

EXHIBIT A Legal No. 3616 December 22, 29, January 5. Notice of intent to adopt an amendment to the Charter of the City of Covington, Georgia, pursuant to the municipal Home Rule Act of 1965. The Council of the City of Covington intends to adopt an amendment to Section 65 of the Charter of the City of Covington, Georgia, as enacted by the General Assembly of the State of Georgia, by an Act approved January 30, 1962 (Georgia Laws 1962, page 2003) as amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298). The proposed amendment will eliminate the maximum tax for ad valorem tax purposes imposed on taxable property located in Covington, Georgia, and will clarify other provisions of that Section. 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, Georgia, Newton County Courthouse, Covington, Georgia, for the purpose of examination and inspection by the public. The City Clerk shall furnish anyone, upon request, a copy of the proposed amendment. THE CITY OF COVINGTON /s/ (Mrs.) Betty L. Schell City Clerk. Affidavit of Publication. Georgia, Newton County. Personally appeared before the undersigned officer, Leo S. Mallard, who says under oath that he is 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

Page 4768

legal advertisement in the December 22 and December 29, 1977, and January 5, 1978, editions of The Covington News. /s/ Leo S. Mallard Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Cherie W. Aynes Notary Public, Georgia, State at Large. My Commission Expires Nov. 2, 1979. Filed in the Office of the Secretary of State February 8, 1978. CITY OF DECATURCHARTER AMENDMENTS. An Ordinance. To amend the charter of the City of Decatur, Georgia, under and by virtue of and in compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965 as amended. [1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-10, Home Rule). Georgia Constitution, Article IX, Section III, Paragraph I, (Georgia Code Annotated, Section 2-6001)] Be it ordained by the City Commissioners of the City of Decatur, Georgia and it is hereby ordained by the authority of the same, acting under and by virtue of and in compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended [1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-10, Home Rule). Georgia Constitution Article IX, Section III, Paragraph I, (Georgia Code Annotated Section 2-6001)] that the Charter of the City of Decatur, Georgia as set forth in the Code of the City of Decatur, Georgia, be and the same is hereby amended, as follows: 1. Section 6 of the existing charter is renumbered and becomes new Section 22; and Section 9 of the existing charter becomes new Section 6, and reads as follows:

Page 4769

Section 6. Commissioners' oath. The commissioners before entering upon the duties of their office shall take and subscribe the following oath, to-wit: I do solemnly swear that I will well and truly demean myself as commissioner of the City of Decatur for the ensuing term, and that I will faithfully enforce the Charter and ordinances of said city, to the best of my ability, without fear or favor, and in all my acts as commissioner act as I believe for the best interest of said city; so help me God. (8-16-20) 2. Section 7 of the existing Charter entitled Election of chairman of commission; chairman to be ex officio member of board of education is deleted in its entirety and a new Section 7 is substituted therefor, reading as follows: Section 7. Election of chairman of commission. At the first meeting of the commission in January, 1922, and on the first Monday in every year thereafter, it shall elect one of its members to serve as chairman for one year from the first Monday in January of the year of his election as chairman and until his successor shall have been elected and qualified. 3. Section 8 of the existing Charter entitled Veto and voting power of mayor is deleted in its entirety and a new Section 8 is substituted therefor, reading as follows: Section 8. Duties and powers of chairman (mayor). The chairman, who may also be known as the mayor, shall have no veto power, but shall have the same power to vote upon all questions passed upon as other commissioners. The mayor of said city shall be the chief executive officer of the City of Decatur. He shall see that all laws, ordinances, resolutions, and rules of said city are faithfully, fully, and impartially executed

Page 4770

and enforced, and that all of the officers, employees, and agents of said city faithfully and impartially discharge the duties required of them. He shall preside at all meetings of the commission. He shall have the power to convene the commission in extra session whenever, in his judgment, it becomes necessary, and shall do so whenever requested by three commissioners in writing. He shall have the general supervision and jurisdiction provided for by ordinance or resolution of the commission. He shall be ex officio a member of the board of education, and of all other boards authorized by law in said city, now in existence or hereafter created except the sinking fund commission. 4. Section 11 of the existing Charter is renumbered and becomes new Section 9. 5. Section 12 of the existing Charter is renumbered and becomes new Section 10. 6. A new Section 11 is adopted, reading as follows: Section 11. Commission meetings; minutes to be public. Said commission shall meet regularly twice a month, and oftener if business requires. Special meetings may also be held at any time upon call of the chairman, or any three members of the commission, the object of the meeting being stated in the call. Notice of every called meeting shall be given to the public by posting such notice at City Hall. The minutes of all meetings shall be open to inspection by the public at all convenient times. 7. Section 13 of the existing Charter is renumbered and becomes new Section 12.

Page 4771

8. Section 14 of the existing Charter is renumbered and becomes new Section 13. 9. Section 15 of the existing Charter is renumbered and becomes new Section 14. 10. Section 16 of the existing Charter is renumbered and becomes new Section 15. 11. Section 17 of the existing Charter is renumbered and becomes new Section 16. 12. Section 18 of the existing Charter entitled Responsibilities of City Manager; appointments and removals in the administrative service; enforcement of discipline is deleted in its entirety and the subject matter of that section is covered in a new section numbered Section 17, which reads as follows: Section 17. Responsibilities of city manager. The city manager, as the chief administrator of the city, shall be responsible to the commission for administering all municipal affairs placed in his charge by them, and shall have the following powers and duties: (1) He shall appoint and suspend or remove all city employees in accordance with such general personnel rules, regulations, policies, or ordinances as the commission may adopt, except that the heads of the several departments shall be nominated by him and confirmed by the commission. (2) He shall direct and supervise the administration of all departments,

Page 4772

offices, and agencies of the city, except as otherwise provided by law, subject to the general direction and control of the commission. (3) He shall attend all meetings of the commission and recommend any measures that he deems expedient. (4) He shall see that all laws of the State, the city charter and the ordinances, resolutions, and regulations of the commission are faithfully executed within the city. (5) He shall prepare and submit the annual budget to the commission. (6) He shall annually submit to the commission and make available to the public a complete report on the finances and administrative activities of the city as of the end of the fiscal year. (7) He shall make any other reports that the commission may require concerning the operations of city departments, offices, and agencies subject to his direction and control. (8) He shall perform any other duties that may be required or authorized by the commission. 13. A new Section 18 is hereby adopted, reading as follows: Section 18. Acting city manager. By letter filed with the city clerk, the city manager may designate, subject to the approval of the commission, a qualified person to exercise the powers and perform the duties of city manager during his temporary absence or disability. During this absence or disability, the commission may revoke that designation at any time and appoint another to serve until the city manager returns or his disability ceases. 14. Section 19 of the existing Charter is renumbered and becomes new Section 21 and a new Section 19 is adopted, reading as follows:

Page 4773

Section 19. Interim city manager. When the position of city manager is vacant, the commission shall designate a qualified person to exercise the powers and perform the duties of city manager until the vacancy is filled. 15. Section 20 of the existing Charter entitled Duty of city manager to prepare budget and make recommendations; attendance at commission meetings is deleted in its entirety, the subject matter of that section being included in new Section 17. A new Section 20 is adopted, reading as follows: Section 20. Mayor and commissioners ineligible to serve or act as city manager. Neither the mayor nor any other member of the commission shall be eligible for appointment as city manager or acting or interim city manager. 16. Section 19 of the existing Charter is renumbered and becomes new Section 21. 17. Section 6 of the existing Charter is renumbered and becomes new Section 22. 18. Section 27 of the existing Charter is revised and the subject matter thereof is covered and superseded in a new section herein numbered Section 23, reading as follows: Section 23. Qualifications of commissioners. No person shall be eligible for the office of commissioner of said city unless he shall have resided in said city not less than one year immediately preceding his election, and shall be a qualified voter in

Page 4774

municipal elections for officers of said city, and who has not been convicted and sentenced for any violation of the criminal laws of Georgia, involving moral turpitude, and who is entitled to register under the registration laws of said city. 19. Section 21 of the existing Charter is renumbered and becomes new Section 24. 20. Section 22 of the existing Charter is renumbered and becomes new Section 25. 21. Section 23 of the existing Charter is renumbered and becomes new Section 26. 22. Section 24 of the existing Charter is renumbered and becomes new Section 27. 23. Section 25 of the existing Charter is renumbered and becomes new Section 28. 24. Section 26 of the existing Charter is renumbered and becomes new Section 29. 25. Section 27 of the existing Charter is revised and becomes new Section 23 as above set out.

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26. Section 28 of the existing Charter is deleted in its entirety and is replaced by a new section herein adopted, numbered Section 30, reading as follows: Section 30. Salary of chairman (mayor) and commissioners. The salary of the chairman (mayor) shall be two hundred dollars ($200.00) per month, the salary of the mayor pro-tem shall be fifty dollars ($50.00) per month and the salary of the other commissioners shall be twenty-five ($25.00) per month. The effective date of new Section 30 shall be January 1, 1978. 27. Section 29 of the existing Charter is amended and revised so as to make the attendance fee for each member of the board of education fifteen dollars rather than five dollars and to limit the number of meetings for which they can be paid to five rather than two, and said section is renumbered and becomes new Section 31 and reads as follows: Section 31. Attendance fees for mayor, commissioners and members of board of education. Each of the commissioners, except the mayor, shall be paid an attendance fee of fifteen dollars for each regular meeting of the commission attended, not to exceed five in any one month, and the mayor shall be paid an attendance fee of twenty-five dollars for each regular meeting of the commission attended, not to exceed five in any one month, provided, that no commissioner shall be paid such attendance fee for any meeting unless he shall be actually present for said meeting to convene, and shall not leave said meeting until adjourned. Each member of the board of education shall be paid an attendance fee of fifteen dollars for each regular meeting of the board of education attended, not to exceed five in any one month, provided, that no member of such board of education shall be paid such attendance fee for any meeting unless he shall be actually present at such meeting not later than fifteen minutes after the time for said meeting to convene, and shall not leave said meeting until adjourned.

Page 4776

28. Section 30 of the existing Charter is renumbered and becomes new Section 32. 29. Section 31 of the existing Charter is deleted in its entirety, the duties of the mayor having been covered in new Section 8. 30. Section 32 of the existing Charter is deleted in its entirety, and the subject matter of that section is covered in a new section herein adopted, numbered Section 33, which is substituted therefor, reading as follows: Section 33. Powers and duties of marshal and police. It shall be lawful for the marshal or any police officer of said city to arrest without warrant any person or persons, within the corporate limits of said city, who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief or reliable information has or have been guilty, and to hold such person so arrested until a speedy hearing of the matter before a proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of DeKalb County, for a reasonable length of time. The marshal and the police officers of said city are authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any persons with violating the criminal laws of this state. The marshal and police officers of said city are also authorized to arrest, anywhere within this state, any person charged with violating any ordinance of said city, provided, when the arrest is not made within twenty-four (24) hours after the offense is committed, said marshal and police officers are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the judge of recorder's court. The said marshal or any police officer may take bonds for the appearance of any person arrested by them for violations of any city ordinances before the recorder's court for trial, and all such bonds may be forfeited as

Page 4777

hereinafter provided for forfeitures of appearance bonds. The mayor and commission of said city shall have power and authority to authorize and enforce the marshal or any police officer of said city to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any criminal law of this state, and to provide punishment for any person or persons failing or refusing to obey such summons. 31. Section 33 of the existing Charter is renumbered and becomes new Section 34. 32. Section 34 of the existing Charter is renumbered and becomes new Section 35. 33. Section 35 of the existing Charter is deleted in its entirety and the subject matter of that section is covered in a new section herein adopted, numbered Section 36, which is substituted therefor, reading as follows: Section 36. Power and authority of recorder's court. Said recorder's court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt or disobedience to any of its mandates. Said court shall have full authority and power to punish, after conviction, all violations of the charter or any ordinance of said city by fine, not to exceed five hundred dollars ($500.00), by imprisonment in the city prison, or in the county jail (having previously arranged such with the county authorities), not to exceed thirty (30) days, and to work on the street of said city in the chain gang, or on such other public works as the judge of recorder's court may direct, not to exceed thirty (30) days; any one or more of these punishments may be inflicted by the judge of recorder's court, in his discretion, and the fines imposed may be collected by execution. The judge of recorder's court shall have full authority and power in said recorder's court, if

Page 4778

the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this state, to commit the offender or offenders to jail, or bail them, if the offense is bailable, by a justice of the peace, to appear before the next Superior Court of DeKalb County. 34. Section 36 of the existing Charter is deleted in its entirety and the subject matter of that Section is covered in a new section herein adopted, numbered Section 37, which is substituted therefor, reading as follows: Section 37. Continuation of hearings; appearance bonds. The judge of recorder's court, when any person or persons are arraigned before the recorder's court for a violation of any of the city ordinances, rules or regulations, may, for sufficient cause, shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused may be required to give bond and security for his or her appearance at the appointed time for trial, or may be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial the bond may be forfeited by the judge of recorder's court and an execution issued thereon after serving the defendant, if any to be found, and his security, with a rule nisi, at least five (5) days before the hearing of said rule nisi, requiring him or them to show cause why said bond should not be forfeited. 35. Section 37 of the existing Charter is renumbered and becomes new Section 38. 36. Section 38 entitled Work gang in the existing Charter is deleted in its entirety and is removed from the Charter.

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37. Sections 39, 40, 41 and 42 of the existing Charter remain unchanged and retain their same numbers in the Charter as herein amended. 38. Section 43 of the existing Charter is deleted in its entirety and a new Section 43 is substituted therefor, reading as follows: Section 43. Licenses and occupation taxes. The mayor and commission shall have full power and authority to require any and every person, firm, company or corporation, whether resident or nonresident of said city, who may engage in, prosecute or carry on any trade, business calling, vocation or profession within the corporate limits of said city, by themselves or by their agents, to register their names, business, calling, vocation or professions annually, and to require said person, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such business, calling or profession, such an amount as the mayor and commission shall prescribe by ordinance; provided, that there shall be a separate license for each business, calling or vocation, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or vocation thereunder, or at any other place of business than at the place for which granted. The mayor and commission may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said licenses, who fail to register, take out and pay for the license, or who engage in or attempt to engage in, such business, profession or occupation before compliance with the provisions of such ordinances. The mayor and commission shall have full power and authority to license, regulate and control by ordinance, all markets in said city, opera houses, and other places of public amusement, all hacks, drays or wagons used for hauling of any kind, and all vehicles used for hire for any purpose, auctioneers, itinerant lightning rod dealers, sewing machine agents, peddlers, emigrant agents, all fire or life insurance companies doing business in said city, trades of all kinds, itinerant

Page 4780

dealers in jewelry, merchandise, medicines, and all other articles, except such as are exempted by state laws. Also, any person, firm, company or corporation running or operating a flying-jenny, flying horses, and all circuses, side shows and performances of any kind in said city, and all persons selling goods, wares, or merchandise by sample, or soliciting orders for the same, and all other businesses, callings, or vocations, which are not exempt from license under the constitution or laws of Georgia. 39. Section 44 of the existing Charter remains unchanged and retains the same number in the Charter as herein amended. 40. Section 45 of the existing Charter entitled Intoxicating liquor, etc., prohibited is deleted in its entirety and is removed from the Charter. 41. Section 47 of the existing Charter entitled Commutation of street tax is deleted in its entirety and removed from the Charter. 42. The following sections of the existing Charter remain unchanged except for renumbering of the sections. The section numbers in the existing Charter are shown in the left column and the new assigned section numbers are shown in the right column, to-wit: Existing Section Number New Section Number 46 45 48 46 49 47 50 48 51 49 52 50 52 a 51 53 52 54 53 55 54 56 55 57 56 58 57 59 58 60 59 61 60 62 61 63 62 64 63 65 64 66 65 67 66 68 67 68 A 68 70 a 71 71 72 72 73 73 74 74 75 75 76 76 77 76 A 78 77 79 77 a 80 78 81 79 82 80 83 82 85 84 87 85 88 86 89 88 90 89 91 91 93 93 94 95 96 96 97 97 98 99 99 A

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43. Section 81 of the existing Charter is deleted in its entirety and is replaced by a new section numbered Section 84, reading as follows: Section 84. Criminal warrants, arrests, etc.; authority to maintain prison. Should any person violating any of the ordinances of said city flee from jurisdiction thereof, he or she may be apprehended and arrested, whenever found in the state, and the warrants of the judge of recorder's court of said city shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this state and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return; and all persons escaping from the custody of said city or its officers may be tried for such escape and punished therefor not exceeding penalties hereinbefore provided. The said mayor and commission shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and of persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. 44. Section 83 of the existing Charter is amended by deleting therefrom the last sentence of said section and assigning a new number to said section, the new section number being Section 86, so that said section as amended will read as follows: Section 86. Supervision of offices and boards; annual audit. The mayor and commission shall have full power and authority through a committee from its body, or by appointment of any other person, in their discretion and at any time they deem proper, to examine into the working conduct and business of any officer or office in said city, and shall have power and authority to demand, send for and compel the presence of persons or the production of all books and papers, and to swear all persons summoned, as may be necessary or pertinent to said investigation.

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45. Section 87 of the existing Charter entitled Annual and monthly financial statements of city clerk is deleted in its entirety and removed from the Charter. 46. Section 90 of the existing Charter entitled Administrative departments is deleted in its entirety and a new section is substituted therefor, numbered Section 92, reading as follows: Section 92. Administrative departments. The operations and activities of the city government shall be divided into departments as approved by the city commission. At the head of each department there shall be a director, except that one or more departments may be under the control of the same director and one or more offices may held by the same person. 47. Section 92 of the existing Charter entitled Purchasing agent is deleted in its entirety and removed from the Charter. 48. Section 94 of the existing Charter entitled Contracts and purchasing generally is deleted from the Charter in its entirety and a new section is substituted therefor numbered Section 95, rending as follows: Section 95. Contracts and purchasing generally. Contracts shall be awarded by the city manager, only after bona fide competitive bidding, to the lowest responsible bidder, where the amount to be paid by the city exceeds one thousand dollars ($1,000.00). All purchasing of supplies shall be made through a central purchasing agent at the lowest obtainable prices. No contract shall be valid in which any member of the city commission, the city manager, or director of any department is directly or indirectly interested.

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49. Section 98 of the existing Charter entitled City payroll is deleted from the Charter in its entirety and a new section is substituted therefor numbered Section 99, reading as follows: Section 99. City payroll. Generally accepted accounting and management practices shall be followed to insure that all payroll expenditures by the city are appropriate and proper. Be it further ordained that all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. First Adoption September 5, 1977. Attest: /s/ Robert L. Hudgins Clerk, City of Decatur, Georgia Second Adoption September 19, 1977. Attest: /s/ Robert L. Hudgins Clerk, City of Decatur, Georgia Public Notice To All Interested Persons and Parties: Notice of Proposed Amendments to the Charter of the City of Decatur, Georgia, under and by virtue of and pursuant to the provisions of the Municipal Home Rule Act of 1965 as amended. The City Commissioners of the City of Decatur, Georgia, hereby give notice of the following:

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The City Commissioners have before them for consideration proposed amendments to the Charter of the City of Decatur, Georgia. The following is a synopsis of the proposed amendments: Section 7. Election of chairman of commission. Proposed change is to eliminate the duplicate provisions that the chairman will be ex officio a member of the board of education (also contained in Section 31.) Section 8. Veto and voting power of mayor. This section is retitled Duties and powers of chairman (mayor). The proposed changes are to clarify that references to chairman and mayor in the charter refer to the same position and to consolidate the description of the duties and powers of the chairman in one charter provision (combining Section 8 and Section 31). Section 10. Commission meetings; minutes to be public. Proposed change is to eliminate the requirement that abstracts of the minutes of all meetings be published in the newspaper having largest circulation in the city and to eliminate the provision for secret meetings. Section 18. Responsibility of city manager; appointments and removals in the administrative service; enforcement of discipline. The proposed change to this section clarifies and specifies the duties and responsibilities of the city manager. New Section. Acting city manager. The proposed change is to add a new section to the charter providing for the designation of an acting city manager during the absence or disability of the city manager. New Section. Interim city manager. The proposed change is to add a new section to the charter providing for the appointment of an interim city manager when a vacancy occurs in the position of city manager.

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New Section. Mayor and commissioners ineligible to serve or act as city manager. The proposed change is to add a new section stating that no member of the city commission shall be eligible for appointment as city manager or acting or interim city manager. Section 20. Duty of city manager to prepare budget and make recommendations; attendance at commission meetings. This section is deleted and incorporated into the duties and responsibilities in Section 18. Section 27. Qualifications of Commissioners. The proposed change is an editorial revision deleting the reference to the qualifications of mayor since no person can become mayor without having first qualified as a commissioner. Section 28. Election, terms and qualifications of city officers; salary and bonds of city officers; removal of city officers; salary of mayor, mayor pro-tem and commissioners. The proposed changes are to delete the obsolete references to the election of certain city officers such as city clerk, city treasurer, chief of police, etc., retained from the 1909 charter and to establish salaries of $200 per month for the chairman (mayor) of the commission, $50 per month for the mayor pro-tem, and $25 per month for the other commissioners. Section 29. Attendance fees for mayor, commissioners and member of the board of education. The proposed change is to change the attendance fee for members of the board of education from ten dollars per meeting with a limit of two meetings a month to fifteen dollars a meeting with a limit of five meetings a month. Section 31. Duties of mayor. The proposed change is to consolidate this section with Section 8. Section 32. Powers and duties of marshal and police.

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The proposed change is to delete the provisions for the mayor, mayor pro-tem or acting mayor to sign warrants and require the forfeiture of bonds and to transfer this authority to the judge of recorder's court. Section 35. Power and authority of recorder's court. Proposed change increases the maximum fine which can be levied by the recorder's court from $100 to $500, reduces the maximum jail sentence from 50 days to 30 days (to conform with State law) and reduces the maximum sentence to public works activity from 60 days to 30 days. Section 36. Continuation of hearings; appearance bonds. Proposed change deletes the reference to the mayor or any other city commissioner as the presiding officer for recorder's court and replaces this with the judge of recorder's court as the presiding officer. Section 38. Work gang. Proposed change is to delete this section which provides for a city work gang. Section 43. Licenses and occupation taxes; licensing in any manner of intoxicating liquors of any kind prohibited. Proposed change is to delete from the section the prohibitions against the city licensing a business to operate on the Sabbath in violation of State law and against the city licensing the sale of intoxicating liquors since these have been superseded by general State Law. Section 45. Intoxicating liquor, etc., prohibited. Proposed changes is to delete this section since it has been superseded by general State law. Section 47. Commutation street tax. Proposed change is to delete this section which requires every person between ages 16 and 50 to work ten days on the city streets.

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Section 81. Criminal warrants, arrests, etc.; authority to maintain prison. Proposed change is to delete the provision for mayor, mayor protem or acting mayor to sign warrants and substitute a provision for the judge of recorder's court to sign warrants. Section 83. Supervision of officers and boards; annual audit. Proposed change is to delete the requirement that the mayor and commission audit the accounts of the city each year. (The following section, Section 84, requires an audit by a certified public accountant). Section 87. Annual and monthly financial statements of city clerk. Proposed change is to delete this section. (Annual audit provides an annual financial statement and the Fiscal Control Ordinance requires regular reporting on the status of accounts). Section 90. Administrative departments. Proposed change is to delete the reference to specific departments in this section and to allow the city commission to establish such departments as are necessary. Section 92. Purchasing agent. Proposed change is to delete this section. (Purchasing agent is provided for in Section 94). Section 94. Contracts and purchasing generally. Proposed change is to raise the limit of the maximum purchase without competitive bidding from $500 to $1,000. Section 98. City payroll. Proposed change is to delete the provision of this section and to substitute a requirement that generally accepted accounting and management practices be followed to insure that all payroll expenditures by the city are appropriate and proper. A copy of the proposed amendments is on file in the office of the

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Clerk of the City of Decatur at the City Hall and a copy is on file in the office of the Clerk of the Superior Court of DeKalb County at the courthouse in Decatur, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Decatur will furnish a copy of the proposed amendments to those persons who may have an interest therein upon written request. The City Commissioners will consider the proposed amendments at two regular consecutive meetings to be held on the 15th day of August, 1977, and on the 5th day of September, 1977, at 7:30 o'clock p.m., at the Council Chamber at the Decatur City Hall. This notice shall serve as formal notice of such intended action. Written comments shall be addressed to the undersigned so as to arrive no later than 5:00 p.m., September 5, 1977. All comments respecting the proposed amendments received by 5:00 p.m., September 5, 1977, will be fully considered. Notice given this 8th day of August, 1977. /s/ Ann A. Crichton Mayor, City of Decatur Decatur City Hall Post Office Box 220 Decatur, Georgia 30031 State of Georgia County of DeKalb Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice, a true copy of which is hereto annexed,

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was published in said newspaper in its issue of the 18, 25th day of August, 1977, and 1st September '77. /s/ Gerald W. Crane, Publisher. Sworn to and subscribed before me, this 7th day of June, 1978. /s/ Betty M. Branch Notary Public, Georgia State at Large. My Commission expires October 18th, 1981. (Seal). Filed in the Office of the Secretary of State June 8, 1978. CITY OF DECATUREMPLOYEES' RETIREMENT. An ordinance to amend the Decatur Employees' Retirement System under and by virtue of and in compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended. [1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-10, Home Rule). Georgia Constitution, Article IX, Section III, Paragraph I, (Georgia Code Annotated, Section 2-6001)]

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Be it Ordained by the City Commissioners of the City of Decatur, Georgia, and it is hereby ordained by the authority of the same, acting under and by virtue of and in compliance with and pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended [1965 Georgia Laws, pages 298, 299; 1966 Georgia Laws, page 296; 1976 Georgia Laws, page 1429. (Georgia Code Chapter 69-10, Home Rule). Georgia Constitution, Article IX, Section III, Paragraph I, (Georgia Code Annotated, Section 2-6001)] that the provisions of the Charter of the City of Decatur, Georgia, creating a system of retirement for employees of the City of Decatur known as the Decatur Employees' Retirement System as set forth in the Act of the General Assembly of Georgia approved February 25, 1949, (1949 Georgia Laws, pages 1681-1690); as amended by Act of the General Assembly of Georgia approved January 15, 1951, (1951 Georgia Laws 2716-2718); and as amended by Act of the General Assembly of Georgia approved March 7, 1955, (1955 Georgia Laws 3102-3105); and as further amended pursuant to the provisions of the Municipal Home Rule Act of 1965 by Ordinance adopted June 5, 1967, by the City Commissioners of the City of Decatur, Georgia, be and the same is hereby amended, as follows: 1. This ordinance shall be designated as Amendment 2 made pursuant to the Home Rule Act of 1965, as amended, and shall be effective September 1, 1978. ARTICLE I Indenture Decatur Employees' Retirement System is amended by adding a new sentence at the end thereof, reading as follows: This Amendment 2 shall be effective September 1, 1978. 2. ARTICLE II Definitions is amended as follows: (a) A new sub-paragraph number 3a is added between sub-paragraphs 3 and 4 reading as follows: 3a. Amendment 2 Date September 1, 1978.

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(b) Subparagraph 6 Basic Compensation is amended to substitute the phrase compensation for overtime work for the word overtime, so that said sub-paragraph as amended shall read: 6. Basic Compensation shall mean the actual monthly compensation paid during any month to an Employee, exclusive of reimbursed expenses, compensation for overtime work, commissions and all other unusual compensation. (c) Sub-paragraph 11 Employee is amended by deleting said subparagraph in its entirety and substituting a new sub- paragraph therefor reading as follows: 11. Employee shall mean all full-time, permanent Employees employed by the City who are scheduled to work a minimum of 30 hours per week on a year-round basis exclusive of vacation time and sick leave. (d) Sub-paragraph 13 Credited Service is amended by adding new sentences at the end thereof reading as follows: However, Credited Service for those Employees who became eligible to participate in the Decatur Employees' Retirement System on September 1, 1978, will begin to accrue on that date. The Board shall be authorized in its discretion, upon approval by the City Commissioners, to allow those Employees who enter the System under the provisions of this amendment to purchase a portion or all of their past service by payment of an actuarially determined amount into the System for each month or year of past service purchased by such Employees. (e) Sub-paragraph 16 Regular Interest is amended by increasing the specified rate of interest from 3 1/2% compounded annually to 5% compounded annually so that said sub-paragraph as amended shall read: 16. Regular Interest shall mean interest at the rate of 5% compounded annually or such other rate as shall be determined by the Board in accordance with Article IX. 3. ARTICLE III, Section 1 Eligibility is amended by deleting said

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section in its entirety and substituting a new section therefor as follows: 1. Eligibility Each Employee who is in the employ of the City and a member of the System on Amendment 2 effective date, shall continue to be a member of the System. However, Employees who were ineligible for membership in the System prior to the effective date of Amendment 2, but who, as result of this amendment, are eligible for membership in the System as of Amendment 2 effective date, shall be allowed to join the System. Credited Service for such employees shall begin to accrue as of the effective date of this amendment. Any such Employee who fails to meet all membership requirements within 90 days from the effective date of this amendment shall be deemed to have forfeited his opportunity to join the System. Each Employee employed as a Fireman or Policeman hired after the effective date of this Amendment 2 shall become a member of the System on his date of employment, provided such Employee is not over age 55 years at his date of employment. Each Employee other than a Fireman or Policeman hired after the effective date of this Amendment 2 shall become a member of the System on his date of employment, provided such Employee is not over age 60 years at his date of employment. An Employee designated as Fireman is defined to mean a Firefighter and the position Fireman does not include clerks or other civilian employees in the Fire Department. An Employee designated as Policeman is defined to mean a Police Officer and the position Policeman does not include clerks or other civilian employees in the Police Department. Any Employee who resigns while in good standing or who is dismissed because of reduction in force and who is reinstated in accordance with the City's personnel regulations may be reinstated in the System provided he has left his contributions in the System during the period between termination and reinstatement, or provided he repays the amount which he was refunded at the time of his termination, with interest thereon at the rate of 5% per annum, and thereupon shall be credited with previous service. The period during which such Employee was not on the City payroll shall not count as a part of his credited service.

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ARTICLE V, Section 1 Normal Retirement Benefit is amended to change the stated percentages of.85% to 1.0% and 1-% to 1.65%, respectively, so that said section as amended shall read as follows: 1. Normal Retirement Benefit An Employee (other than Firemen or Policemen) shall, upon retirement on his Normal Retirement Date, receive a monthly retirement benefit under which payment shall commence on his Normal Retirement Date and shall be payable each month thereafter for the lifetime of the Employee. Such monthly retirement payments shall be determined as the sum of (a) and (b) below multiplied by his Credited Service. (a) 1.0% of Average Base Compensation plus (b) 1.65% of Average Excess Compensation. A Fireman or Policeman shall, upon retirement on his Normal Retirement Date, receive a monthly retirement benefit by which payment shall commence on his Normal Retirement Date and shall be payable on the first of each month thereafter during his lifetime. The amount of each monthly payment shall be determined as 1.65% of Average Compensation multiplied by his Credited Service. ARTICLE VII Death or Termination of Employment is deleted in its entirety and a new ARTICLE VII is substituted therefor reading as follows: ARTICLE VII Death or Termination of Employment 1. Effect of Death (a) Upon the death of a person listed in item (b) below, a Death Benefit in a lump sum will be paid to the Employee's beneficiary if the Employee's Accumulated Contributions plus Regular Interest exceeds the total of all retirement benefit payments or Spouse's Retirement Benefit payments made or due to the Employee or other person deriving his rights under this System from the Employee. Such lump sum Death Benefit is the type of Death Benefit payable upon the death of one of the following persons:

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(b-1) an Employee who is not survived by a spouse who is eligible for retirement benefit payments under the Spouse's Retirement Benefit Coverage; (b-2) a terminated Employee who either: (i) terminated employment prior to the time he became eligible for Early Retirement, or (ii) terminated employment after he became eligible for Early Retirement but is not survived by a spouse eligible for payments under Article VII; (b-3) a Delayed Retired or Retired Employee, except an Employee who is either (i) survived by a spouse who is eligible for retirement benefit payment under Article VII or (ii) who duly elected the Joint and Survivor Option and is survived by the duly named joint annuitant; (b-4) a duly elected joint annuitant who survived the applicable Delayed Retired or Retired Member; (b-5) a spouse who is receiving retirement benefit payments under the Spouse's Retirement Benefit Coverage or under Article VII. 2. Termination of Employment (a) Should the employment of an Employee be terminated voluntarily or involuntarily, prior to the completion of 10 years of Continuous Service, he will be entitled to a refund of his Accumulated Contributions made to the System together with Regular Interest accumulated to his date of termination. (b) If the employment of an Employee is terminated voluntarily or involuntarily (for reasons other than retirement for disability) subsequent to the completion of 10 years of Continuous Service, but prior to becoming eligible for Early Retirement and he does not withdraw his contributions, he will be fully vested in a deferred monthly benefit payable upon the attainment of his Normal Retirement Date. The amount of such benefit shall be determined in the same manner as for retirement at the Employee's Normal Retirement Date except that Credited Service and Average Compensation shall be determined as of the Employee's date of termination.

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(c) If the terminating Employee dies or withdraws his contributions at any time prior to his Normal Retirement Date, he will forfeit all rights to a deferred benefit and, he or his Beneficiary, will receive only his Accumulated Contributions with Regular Interest accumulated up to the time of death or withdrawal. 3. Spouse's Retirement Benefit Coverage (A) Upon the death of a married Employee prior to his Normal Retirement Date, the spouse of such Employee will be eligible for retirement benefit payments for life if the following conditions are met: (a) either item (a-1), item (a-2) or item (a-3): (a-1) the employee had reached the earliest date at which he could have retired; (a-2) the Employee had retired on his Early Retirement Date, but elected to defer his monthly retirement benefit until his Normal Retirement Date; (a-3) the Employee had terminated but had met the requirements for Early Retirement on the date he terminated employment, but elected to leave his contributions in the system. The yearly amount of benefit payable to the spouse will equal 50% of item (b-1) reduced by item (b-2): (b-1) the yearly amount of benefit credited to the Employee as if he had duly elected the joint and Survivor Option and benefit payments had commenced for the Employee on the first day of the month coinciding with or next following the date of his death; (b-2) a percentage, determined by adding of 1% for each full month by which the Employee's death preceded his Normal Retirement Date. The yearly amount of retirement benefit payable to a spouse will in no event be less than the amount of Death Benefit described in Article VII could provide.

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6. ARTICLE VIII, Section 1 Employee Contributions is amended by deleting the third paragraph of said Section and substituting a new paragraph therefor reading as follows: The City shall deduct such Employee Contributions from the Basic Compensation of the Employee and shall credit such contributions to the Employee's Individual Account. Such deductions may be computed and made weekly on annualized rate which provides same sums which said percentage rates would provide. From time to time the City shall pay the amount so deducted to the System to be held and administered according to the terms of this Ordinance. 7. ARTICLE IX, Section 6 Annual Audit Required is amended by deleting the word and figures December 31 and substituting therefor the word and figures June 30, so that said Section as amended shall read as follows: 6. Annual Audit Required An annual audit prepared by a certified public accountant chosen by the Board shall be made at the close of each fiscal year (June 30) of all the transactions of the System. 8. ARTICLE XII Miscellaneous is amended as follows: By deleting Section 6 Misconduct in its entirety and by renumbering the following Sections of said Article consecutively as follows: 6. Discrimination 7. Limitation of Liability; Legal Action

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8. Claims First adoption August 7, 1978. Attest: /s/ Robert L. Hudgins Clerk, City of Decatur, Georgia Second adoption August 21, 1978. Attest: /s/ Robert L. Hudgins Clerk, City of Decatur, Georgia CERTIFICATION I, Robert L. Hudgins, the duly appointed and acting City Clerk of the City of Decatur, Georgia, do hereby certify that the foregoing is a true and correct copy of an Ordinance to amend the Employees' Retirement System which was introduced and read for the first time on August 7, 1978. Adoption on this date was by roll-call vote, the vote to adopt being unanimous. The Ordinance was introduced and read for the second time on August 21, 1978 and read again, in its entirety. Adoption on this date was also by roll-call vote, the vote to adopt again being unanimous. This Ordinance has now become a part of the official records of the City of Decatur, Georgia, on file in my office, and may be examined by any interested party. This 25th day of August, 1978. /s/ Robert L. Hudgins, City Clerk City of Decatur, Georgia (Seal).

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Public Notice Notice of Proposed Amendments to Decatur Employees' Retirement System Under and by Virtue of and Pursuant to the Provisions of the Municipal Home Rule Act of 1965 as Amended The City Commissioners of the City of Decatur, Georgia, hereby give notice of the following: The City Commissioners have before them for consideration proposed amendments to Decatur Employees' Retirement System. The following is a synopsis of the proposed amendments: Synopsis of Proposed Amendments to Decatur Employees' Retirement System. Article IIndenture The proposed amendment is designated Amendment 2, to be effective September 1, 1978. Article IIDefinitions Proposed changes are: (a) Add sub-paragraph 3a. Amendment 2. DateSeptember 1, 1978 to identify the proposed amendment and its effective date. (b) Sub-paragraph 6Basic Compensation. The phrase compensation for overtime work is substituted for the word overtime. (c) Sub-paragraph 11Employee. The words hourly pay are substituted for the word salaried to make it clear the employees in hourly pay positions are eligible for membership in the system. (d) A new sentence is added at the end of the present subparagraph 13Credited Serviceto provide that credited service for those Employees who become eligible to participate in the Retirement System on the effective date of the proposed amendment will

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begin to accrue on that date; and to authorize the Retirement Board in its discretion upon approval by the City Commissioners, to allow those Employees who enter the System under the provisions of the Amendment to purchase a portion or all of their past service by payment of an actuarially determined amount into the System for each month or year of past service purchased by such Employees. (e) Sub-paragraph 16Regular Interest. The rate is changed from 3% compounded annually to 5% compounded annually. Article IIIEligibility and Membership Section 1. Eligibility. The first paragraph is re-written to make it clear that Employees who were previously ineligible for membership in the System, but who, as result of the amendment, will be eligible for membership shall be allowed to join the System. Credited Service for such Employees shall begin to accrue as of the effective date of the amendment. The second paragraph of this Section is amended to provide that a Fireman or Policeman hired after the effective date of the amendment shall become a member of the System on his date of employment, provided such Employee is not over 55 years of age at his Employment. Each Employee other than a Fireman or Policeman hired after the effective date of the Amendment shall become a member of the System on his date of employment, provided such Employee is not over 60 years of age at his date of employment. The changes in age at time of employment are proposed to change the present provisions which enabled a Fireman or Policeman to enter the System at a minimum of five years prior to normal retirement age (60), whereas an Employee in other occupations is able to enter the system only at a minimum of 10 years prior to normal retirement age (65). Additional changes are to define the position Fireman as a firefighter, not including clerks and other civilian employees in the Fire Department, and to define Policeman as a Police Officer, not including clerks or other civilian employees in the Police Department. The third paragraph of this section is revised to provide that an Employee who resigns while in good standing or is dismissed because of reduction in force and who is reinstated in accordance with the City's personnel regulations may be reinstated in the System provided

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he left his contributions in the System during the period between termination and reinstatement, or provided he repays such amount with interest thereon at the rate of 5% per annum. Article VRetirement Benefits Section 1. Normal Retirement Benefit. The proposed changes are to change the determination of the normal retirement benefit for an Employee (other than Firemen or Policemen) by using 1% of Average Base Compensation instead of.85% and 1.65% of Average Excess Compensation instead of 1% in the determination: and to change the determination of the normal retirement monthly benefit for a Fireman or Policeman to 1.65% of Average Compensation instead of 1% thereof. Article VIIDeath or Termination of Employment Section 1. Death Before Retirement and Section 2. Death After Retirement are deleted and replaced with a new Section 1. Effect of Death. The purpose of revised Section 1 is to specify who will receive a lump sum death benefit. Existing Section 3. Termination of Employment is revised and replaced with a new section to be known as Section 2. Termination of Employment. The proposed amendment provides for the current vesting schedule to be replaced with 100% vesting after 10 years of employment. A retirement benefit will not be denied an Employee because he was terminated for cause. A new Section 3. Spouse's Retirement Benefit Coverage is added to provide for benefits to the surviving spouse of a deceased member Employee. Article VIIIContributions Section 1. Employee Contributions. The third paragraph of Section 1 is deleted and a new paragraph substituted therefor to authorize the City to compute and make weekly deductions from the Basic Compensation of an Employee on an annualized rate which provides the same sums that the stated percentage rates would provide.

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Article IXRetirement Board of Trustees Section 6. Annual Audit Required. The change proposed is to provide for audit at the end of each fiscal year fixed at June 30 rather than December 31. Article XIIMiscellaneous Section 6. Misconduct. This section is deleted in its entirety and the following sections of said Article are renumbered consecutively. A copy of the proposed amendments is on file in the office of the Clerk of the City of Decatur at the City Hall and a copy is on file in the office of the Clerk of the Superior Court of DeKalb County at the courthouse in Decatur, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Decatur will furnish a copy of the proposed amendments to those persons who may have an interest therein upon written request. The City Commissioners will consider the proposed amendments at two regular consecutive meetings to be held on the 7th day of August, 1978, and on the 21st day of August, 1978, at 7:30 o'clock, p.m., at the Council Chamber at the Decatur City Hall. This notice shall serve as formal notice of such intended action. Written comments shall be addressed to the undersigned so as to arrive no later than August 4th, 1978. All comments respecting the proposed amendments received by August 4th, 1978, will be fully considered. Notice is given this 5th day of July, 1978. /s/ Ann A. Crichton Mayor, City of Decatur Decatur City Hall Post Office Box 220 Decatur, Georgia 30031 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

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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 13, 20 27 day of July, 1978. /s/ Gerald W. Crane, Publisher /s/ Samme Toycen, Agent Sworn to and subscribed before me, this 27th day of July, 1978. /s/ Betty M. Branch Notary Public. My Commission expires Oct. 18, 1981. (Seal). Filed in the Office of the Secretary of State August 29, 2978. CITY OF EAST POINTEMPLOYEES. An ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) to amend an Act establishing a charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several acts and ordinances amendatory thereof and especially that act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) and as amended; to establish a new department of administrative services; and to provide for consolidation of existing departments into offices under the department of administrative services; to abolish from departmental status certain departments into offices of the City as subordinate offices of the department of administrative services; to provide for classified and unclassified employees of the City of East Point; to authorize and provide for adoption of ordinances and rules and regulations pertaining to the administration of personnel and employees of the City of East Point; to provide for responsibilities, powers and authorities of the head of the department of administrative services; and in addition to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, P. 262, et seq.) amending a municipal charter of the City of East Point, by home rule ordinance adopted June 19, 1975 (Ga. L. 1976, p. 4561, et seq.) by providing for employee members of the pension committee to serve bi-annual terms rather than annual

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terms; and in addition to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) amending a municipal charter of the City of East Point by Home Rule Ordinance adopted March 31, 1976, (Ga. L. 1976, p. 3417, et seq.) providing for non-discriminatory hiring practices; to repeal conflicting charter and ordinance provisions; to provide for severability; and for other purposes. Be it ordained by the City Council of the City of East Point, Georgia and it is hereby ordained by authority of same that: Section 1. An Act establishing a new Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof and especially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497, et seq.) and as amended is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) by striking the following sections of the East Point City Charter and inserting in lieu thereof new sections as follows: Section 42. Classification of Employees. All officers and employees of the City of East Point shall be divided into divisions: `classified' and `unclassified'. (a) Classified Employees. Classified employees shall consist only of those whose term of office for employment are expressly limited to `during good behavior and efficient service' as has been established by completion of at least twelve (12) months of a probationary period of such good behavior and efficient service, subject to rules and regulations adopted by ordinance. 1. The Mayor, members of the City Council, City Recorder, City Physician, City Attorney, members of all boards, commissions, authorities and agencies and all other employees who do not work full time for said City, shall not be included as classified employees of the City of East Point. 2. All officers and employees of said City shall be subject to removal and discharge without cause, notice or hearing, during the

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first twelve (12) months with said City, and at any time before being appointed or employed to serve `for and during good behavior and efficient service', except as provided by ordinance. (b) Unclassified Employees. Unclassified employees shall be all employees of the City of East Point other than those designated as classified employees and shall include but not necessarily be limited to the Mayor, members of the City Council, City Recorder, Assistant City Recorder, City Physician, members of all boards, commissions, authorities and agencies, City Attorney and Assistant City Attorneys. 1. Appointment of unclassified employees. The City Manager or City Council may appoint or provide for unclassified employees by ordinance or resolution for the appointment qualification, rights, powers, duties, authority and compensation of all unclassified employees not otherwise provided for by law and such compensation shall be fixed prior to their appointment or employment. 2. Unclassified employeesTerms of Office. All `unclassified' officers and employees now serving or who shall hereafter become appointed or employed, whose term of office or employment has not been fixed or limited by law or by ordinance of said City, or by express terms of an employment contract, shall be appointed or employed to serve only at the will of the governing authority of said City, and may be discharged or removed with or without cause at any time. Section 43. Reserved. Section 44. Reserved. Section 45. Reserved. Section 46. Reserved. Section 67. Department of Administrative Services. The Department of Administrative Services shall consist of a head of the department, a person who oversees the office of City Clerk,

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City Treasurer, office of City Finance, office of Business Licenses, office of Purchasing and office of Tax Assessment and Collection. (a) The Department of Administrative Services of the City of East Point shall oversee the functions of the office of City Clerk and Assistant City Clerk and such other officers and employees as the City Council or City Manager shall from time to time by ordinance or resolution provide for. (b) The Department of Administrative Services shall oversee the functions of the office of the City Treasurer and Assistant City Treasurer and such other officers and employees as the City Council or City Manager shall from time to time by ordinance or resolution provide for. The City Treasurer shall collect and disburse, subject to the direction of the department head and City Manager, all monies due and belonging to the City as provided for by law and ordinances of said City. The City Treasurer and Assistant City Treasurer shall make and keep such books and records and make such entries therein as may be required by the Department head, by the City Treasurer, by law, and the ordinances of the City. The City Treasurer and Assistant City Treasurer shall perform all other duties required by law and by the ordinances, rules and regulations of said City. The Treasurers books and records shall be subject to inspection by any citizen of said City at all reasonable times, and all sums of money paid into the hands of the Treasurer shall be for the exclusive use of said City. Before entering upon the discharge of the Treasurer's or Assistant Treasurer's duties, the Treasurer or Assistant Treasurer shall take and subscribe an oath before some officers, authorized by law to administer oaths, to faithfully and honestly discharge the duties of the Treasurer's office, and shall execute a bond in a sufficient sum to protect the City against loss, with good and sufficient security to be approved by the City Council. The City Treasurer and Assistant City Treasurer shall keep separate and correct accounts and records of all funds received and disbursed so that such records will at all times reflect the true and exact amount and condition of such accounts and funds. The Treasurer and Assistant City Treasurer shall make general and special reports to the department head, to the city manager, and to the city council in such manner and as often as may be required by any of them. (c) The Department of Administrative Services of the City of East Point shall oversee the functions of the Business License Inspector

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and such other officers and employees as the City Council or City Manager shall from time to time by resolution or ordinance provide for, who shall see to the administration and enforcement of the business license ordinances of the City of East Point. (d) The Department of Administrative Services of the City of East Point shall oversee the functions of the office of the Purchasing Department and such other officers and employees as the City Council or City Manager shall provide for. (e) The Department of Administrative Services of the City of East Point shall oversee the functions of the office of the Tax Assessment and Collection. In the office of Tax Assessment and Collection there shall be a Tax Commissioner and such other officers and employees as the City Council or the City Manager shall, from time to time, by resolution or ordinance provide for. In addition thereto the office of tax assessment and collection shall consist of three (3) assessors appointed for a term of four (4) years by the City Council. The Board of Tax Assessors shall constitute the Board of Tax Appeals. The Board of Tax Assessors shall be compensated for services actually rendered as provided by ordinance. No one shall be eligible for appointment to the office of Tax Commissioner or Tax Assessors except for property owners residing in said City. The City shall have authority by ordinance or resolution or contract to arrange for the services of tax assessment through any joint or several agency of Fulton County or any other municipal governing authority within Fulton County, Georgia for the purposes of performing the functions of tax assessment and its related functions and nothing herein shall be construed to the contrary. In the event such an arrangement is made the Board of Tax Assessors and Tax Appeals may be abolished and the functions served by such entity shall, according to the terms of any ordinance, resolution or contract, be filled by such agency rendering such services, and such other functions as may be spelled out or prescribed for and assigned to the Tax Commissioner of the City of East Point and other provisions of this Charter or the Code of Ordinances of the City of East Point. Section 70. Reserved. Section 74. Reserved.

Page 4808

Section 75. Legal Department. The legal department of the City shall consist of a City Attorney and such other assistant city attorneys as the City Council shall provide for by ordinance or resolution or contract. The City Attorney shall not be considered a classified employee of the City. Section 77. Reserved. Section 87. Reserved. Section 90. Reserved. Section 96. Salary of Recorder and Assistant Recorders. The Recorder of said City shall receive an annual salary fixed by the City Council which shall be paid to him or her in an amount and in a method of payment as determined from time to time by the City Council. Any assistant recorders shall be paid for services actually rendered in an amount and in a method of payment as determined from time to time by the City Council. Section 38. Procedure for Adopting Ordinances. An ordinance may be introduced by any member of Council at any regular meeting of the City Council or at any special meeting at which an ordinance may be lawfully considered and adopted. Each ordinance shall be read by title at two (2) different regular meetings of the City Council, unless such reading be waived and consented to by no less than three-fourths ([UNK]) of those members present at a meeting duly convened at which time a quorum is present. Provided, however, any zoning ordinance, assessing ordinance or any other ordinance requiring a public hearing, shall not be finally adopted until after such ordinance has been properly advertised and a public hearing held thereon. Section 56. Appeals from Disciplinary Action. Any classified officer or employee of said City disciplined or discharged pursuant to Section 55 of this Charter, may appeal such disciplinary action or discharge following the procedures set forth in the personnel rules, regulations and ordinances pertaining to same

Page 4809

by filing a written request for a hearing within the time frames and procedures set forth in said rules and regulations. Section 57. Reserved. Section 2. An Act establishing a new Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several acts amendatory thereof and especially that Act establishing a new retirement plan for the employees of the City of East Point, Georgia adopted by the City Council on the 19th day of June, 1975 (Ga. L. 1976, p. 4561, et seq.) as amended is hereby further amended by striking Subparagraph (b) of Section 1, Article IX relating to the pension committee and inserting in lieu thereof the following: Article IX. Pension Committee. Section 1. Creation and Composition. (b) Two (2) employee representatives elected bi-annually by the participants. Section 3. An Act establishing a new Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof and especially that Home Rule Act adopted by the City Council and approved on the 31st day of March 1976 (Ga. L. 1976, p. 3417 et seq.) as amended is hereby further amended by striking Section 47 of the Charter and inserting in lieu thereof a new Section 47 which shall read as follows: Section 47. Hiring of Employees. Hiring of employees to either the classified or unclassified division of employment shall be on a non-discriminatory basis. Discrimination based upon race, creed, sex, religion or national origin in the hiring practices of the City of East Point is hereby prohibited. In hiring for positions other than heads of departments, the City Manager shall cause to be selected or directly select and appoint the individuals who he, in his discretion, considers to be best qualified for such office or position. The City Manager shall, before taking final action to appoint a person to a position of department head, either as classified or unclassified, review with the Mayor and City Council

Page 4810

his choice of applicants for the position and the reasons for his choice. The City Manager's final choice of department head shall be subject to confirmation by the City Council. If no action is taken by the City Council within a thirty (30) day period, after notification by the City Manager of the proposed appointment, the appointment is automatically confirmed by the City Council. Section 4. Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other sections, subsections, sentences or clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of the ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 5. Subject to the provisions of Section 3. of this ordinance, all ordinances, charter provisions or parts of ordinances or charter provisions in conflict herewith are hereby repealed. First Reading Nov. 21, 1977. Second Reading Dec. 19, 1979. The within and foregoing ordinance having been read and approved by the City Council, same is hereby approved, this 3rd day of January, 1978. Attested to: /s/ Bruce Bannister Mayor /s/ Mary Holleman City Clerk

Page 4811

Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an Act establishing a Charter for the City of East Point, Georgia approved August 19, 1912, (Ga. L. 1912, p. 862, et. seq.) and the several Acts amendatory thereof and especially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497 et seq.) and as amended; to establish a new department of administrative services; to provide for consolidation of existing departments into offices under the Department of Administrative Services; to abolish from departmental status certain departments into offices of the City as subordinate offices of the Department of Administrative Services and under the administrative functions of the office of the City Manager; to provide for classified and unclassified employees of the City; to authorize and provide for adoption of ordinances and rules and regulations pertaining to the administration of personnel and employees of the City of East Point; to provide for responsibilities, powers and authorities of the head of the department of administrative services; and in addition to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) amending a municipal charter of the City of East Point, by Home Rule Ordinance adopted June 19, 1975 (Ga. L. 1976, p. 4561, et seq.) by providing for employee members of the pension committee to serve bi-annual terms rather than annual terms; and in addition to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) amending a municipal charter of the City of East Point by Home Rule Ordinance adopted March 31, 1976, (Ga. L. 1976, p. 3417, et seq.) providing for non-discriminatory hiring practices to repeal conflicting charter and ordinance provisions; to provide for severability; and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk at the City of East Point, City Hall, East Point, Georgia, and the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on December

Page 4812

19, 1977 and will be considered for final adoption at the regular meeting of the City Council on January 3, 1978. /s/ Marjorie Snyder Clerk City of East Point, Georgia. Publisher's Certificate Georgia, Fulton County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Southside Sun, a newspaper published at East Point, County of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of City of East Point (Marjorie Snyder) #1585 Municipal Home Rule Act of 1965, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1, 8, 15th day of Dec., 1977. /s/ Gerald W. Crane Publisher Sworn to and subscribed before me, this 15th day of Dec. 1977. /s/ Donna L. Edwards Notary Public, Georgia, State at Large. My Commission Expires April 27, 1981. (Seal) Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend the Act establishing a Charter for the City of East Point, Georgia approved August 19, 1912, (Ga. L. 1912, p. 862, et. seq.) and the several Acts amendatory thereof and especially that Act approved March 21, 1974 (Ga. L. 1974, p. 2497 et seq.) and as amended; to establish a new department of administrative services; to provide for consolidation of existing departments into offices under the Department of Administrative

Page 4813

Services; to abolish from departmental status certain departments into offices of the City as subordinate offices of the Department of Administrative Services and under the administrative functions of the office of the City Manager; to provide for classified and unclassified employees of the City; to authorize and provide for adoption of ordinances and rules and regulations pertaining to the administration of personnel and employees of the City of East Point; to provide for responsibilities, powers and authorities of the head of the department of administrative services; and in addition to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) amending a municipal charter of the City of East Point, by Home Rule Ordinance adopted June 19, 1975 (Ga. L. 1976, p. 4561, et seq.) by providing for employee members of the pension committee to serve bi-annual terms rather than annual terms; and in addition to amend an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) amending a municipal charter of the City of East Point by Home Rule Ordinance adopted March 31, 1976, (Ga. L. 1976, p. 3417, et seq.) providing for non-discriminatory hiring practices; to repeal conflicting charter and ordinance provisions; to provide for severability; and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk at the City of East Point, City Hall, East Point, Georgia, and the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of the City Council of the City of East Point on December 19, 1977 and will be considered for final adoption at the regular meeting of the City Council on January 3, 1978. /s/ Marjorie Snyder Clerk City of East Point, Georgia. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to

Page 4814

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 2, 9, 16 days of December, 1977, and on the days of 19 As provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 17th day of January, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal). I, Mary Holleman, do hereby certify that I am City Clerk of the City of East Point, Georgia, and that as such, I am the keeper of the seal, minutes and records of said City and of the City of East Point, Georgia; that the foregoing extract is a true, correct and exact copy of the original thereof, adopted on the 3rd day of January, 1978, as the same appears on record in the office of the City Clerk of East Point, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City this 20th day of January, 1978. /s/ Mary Holleman City Clerk Filed in the Office of the Secretary of State January 26, 1978. CITY OF EAST POINTRECORDER'S COURT. An Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) to amend an Act establishing a Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts and Ordinances amendatory thereof and especially that Act approved

Page 4815

March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and as amended, is hereby further amended to provide for a change in the name of the recorder of the City Court of East Point to judge of the City Court of East Point; to provide for a judge emeritus of the City Court of East Point; to authorize and provide for the scheduling of the holding of sessions of said court; to provide for qualifications of the judges, judge emeritus and assistant judges of the City Court of East Point; to provide for a salary for the judge and assistant judges for the City Court of East Point; to authorize the judge to assess costs; to provide for jurisdiction and powers of the judge of the City Court of East Point; to repeal conflicting charter and ordinance provisions; and for other purposes: Be it Ordained by the City Council of the City of East Point and it is hereby Ordained by authority of same that: Section 1. An Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the severa acts amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and as amended, is hereby further amended pursuant to the municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) by striking the following sections of the East Point City Charter and inserting in lieu thereof new sections as follows: Section 92. City Court of East Point. The recorder's court of said city shall be known as the City Court of East Point. Said court shall be presided over by the recorder who shall be known as the judge of the City Court of East Point. In the absence, disability or disqualification of the Judge and while a vacancy in the office of judge exists, the mayor, mayor pro tem or any member of the city council of said city shall be clothed with all of the powers of the judge. The city council shall also have the power to appoint one or more assistant judges to assist the judge or to serve in his absence, disability or disqualification. The city council shall also have the power to appoint one or more positions of judge emeritus of the city court of East Point to assist the judge or to serve in his absence, disability or disqualification. Such assistant judge shall be an attorney at law who has been licensed to practice in the State of Georgia for a period of not less than five (5) years. Such judge emeritus shall be any previous chief judge of the city court of East Point designated by council to serve in an emeritus capacity by

Page 4816

resolution duly adopted by the city council of the City of East Point, said emeritus judge to assist the judge or to serve in his absence, disability or disqualification. Such judge emeritus shall be clothed and vested with all authority of the judge of the city court of East Point or any of its assistant judges. The City Court of East Point shall hold a session of court every Monday afternoon and from day to day thereafter if necessary, or at any and all other times deemed appropriate and so scheduled by the court. Section 93. Qualifications of Judge. The judge shall be an attorney at law having been licensed to practice in the State of Georgia for at least five (5) years. He shall have resided in said city for two years next preceding his appointment. Before entering upon the duties of his office, he shall take on oath before some officer authorized to administer oaths that he will truly, faithfully and honestly discharge the duties of his office to the best of his skill and ability without fear, favor, affection, reward or the hope thereof and to do even justice between the city and the accused. This oath shall be entered on the minutes of the city council. Section 94. Appointment and Term of Office of Judge. The judge, judge emeritus, and all assistant judges shall be appointed by the city council for a term of four (4) years and until his or her successors are appointed and qualified; provided, nothing contained herein shall affect the term of the present incumbent. Section 95. Removal of Judge. The judge may be removed from office by the city council after notice and a hearing before the city council upon written charge of neglect of duty, malpractice in office or other conduct unbecoming his station. The affirmative vote of a majority of the city council shall be necessary for such removal. Any assistant judge or judge emeritus may be removed from office by the city council at any time with or without cause. Section 96. Salary of Judge and Assistant Judges. The Judge of said city court shall receive an annual salary fixed by the city council which shall be received by him in twelve equal monthly installments in compensation for all services required of him or her. Any assistant judges shall be paid on a basis for services actually rendered in an amount and manner determined from time to time by the city council.

Page 4817

Section 97. Assessing of Costs. The judge shall assess costs in each case in which a fine is imposed, which costs shall be in such amounts as shall have been prescribed by ordinance of the city council and said costs shall be paid into the treasury of said city. Section 98. Jurisdiction and Powers. The City Court of East Point in and for said city is hereby continued with jurisdiction to try all offenses against the laws and ordinances of said city. It shall have power to enforce its judgments by inflicting such penalties as may be provided by ordinances, and to punish witnesses for non-attendance, and to punish any person who shall counsel, advise, aid, encourage or intimidate a witness against attending or testifying whose testimony is material or desired before said court, or who shall absent himself or go away or remove beyond the reach of the processes of the court after having been notified or summoned to appear. Section 99. Same. The City Court of East Point shall have power and authority to impose fines to an amount not exceeding five hundred dollars, or to imprison offenders in the city jail for a period of not more than ninety days, or to labor on the public works or streets in the city chain-gang for not more than ninety days, or any part of any of such punishments or combination thereof, in the discretion of the judge for violation of a city ordinance. He shall be clothed with all rights, powers and privileges of the mayor as to said city court, and shall have the same powers as judges of the Superior Courts of this State to punish for contempts by a fine not to exceed fifty dollars or imprisonment in the city jail not to exceed fifteen days. He shall perform the duties of a justice of the peace in issuing warrants for State offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city, and may try and commit the offenders to the Fulton County jail, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction. Said court shall have jurisdiction, power and authority throughout Fulton County for the purpose of compelling the attendance of witnesses residing anywhere in said county. Section 100. Same. Said city council shall have power and authority to provide by ordinance that each day an offense continues shall constitute a separate and distinct offense, for which the judge of said city shall have power and authority to impose additional fines and penalties, and for each repetition of the same offense the court may

Page 4818

increase the punishment imposed in the discretion of the judge. The judge shall have the power to abate nuisances within the city pursuant to the laws of the State of Georgia. Section 101. Bail. All persons not intoxicated when arrested and who desire to give bail for their appearance before the City Court in bailable cases, shall be allowed to do so. The amount of bail shall be fixed by the Judge, chief of police, or by the arresting officer. Section 102. Cash bonds Generally. Cash bond may be accepted in lieu of statutory bail or recognizance for the personal appearance in court of any one charged with an offense under the ordinances of said city; provided, such cash is deposited only with the station lieutenant or other officer in charge of the police station at the time such deposit is made, and a duplicate receipt for such deposit is issued to the arrested person by said station lieutenant or officer in charge of the police station at the time, which receipt shall be furnished to the accused, and a carbon copy thereof shall remain in a well-bound book kept by the chief of police for this purpose. Said receipt shall state the name of the accused, and of the depositor, if they are not one and the same person, the date and amount of such deposit, and the date the case is set for a hearing in the city court of said city. Section 104. Corporate Defendants. When a corporate defendant is convicted or pleads guilty to an offense or contempt punishable by fine in said City Court or before any other body or agency of said city clothed with powers to punish by fine or assessment of cost, the payment of such fines and costs assessed against such corporate defendant shall be enforced by execution issued against such corporate defendant shall be enforced by the city clerk who shall be ex officio clerk of said court, which execution may issue at once, and shall issue at the expiration of four (4) days from the date of said conviction, if not before, and shall be thereupon delivered by said clerk to the city marshal or his lawful deputy for collection, and unless paid at once, said marshal or his lawful deputy, shall proceed to collect by levy and sale, as in case of levy and sale under tax execution as nearly as practicable. Section 105. Certiorari. Any person convicted of an offense in City Court of East Point shall have the right to apply to the Superior Court of Fulton County for a writ of certiorari. The right of certiorari

Page 4819

and procedures pertaining to certiorari bonds to the Superior Court of Fulton 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 Court of Ordinary. Section 106. Prosecution. Statute of Limitations. Cases in the City Court shall be prosecuted by the police officer directly responsible for making the case, or by a member of the legal department, but no prosecution for an offense under an ordinance of said city shall be commenced after the expiration of two (2) years from the date said city receives notice of said offense, if the offender has remained unconcealed within the jurisdiction of the City Court during such period. Section 107. Pardoning prisoner. The mayor or judge of said city may pardon a city prisoner or reduce his punishment, fine or sentence before such fine has been paid, or such sentence has been served, but after such fine has been paid it shall not be refunded nor any part thereof. Section 108. 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 business of said court. Section 2. Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 3. All ordinances, charter provisions or parts of ordinances or charter provisions in conflict herewith are hereby repealed. First Reading November 6, 1978.

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Second Reading November 20, 1978. The within and foregoing Ordinance having been read and approved by the City Council, the same is hereby approved this 20 day of November, 1978. /s/ Bruce Bannister Honorable Bruce Bannister, Mayor Attested To: /s/ Mary Holleman City Clerk Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an act establishing a Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts and ordinances amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and as amended, is hereby further amended to provide for a change in the name of the Recorder of the City of East Point to Judge of the City Court of East Point; to provide for a Judge Emeritus of the City Court of East Point; to authorize and provide for the scheduling of the holding and sessions of said Court; to provide for qualifications of the Judges, Judge Emeritus and Assistant Judges of the City Court of East Point; to provide for a salary for the Judge and Assistant Judges for the City Court of East Point; to authorize the Judge to assess costs; to provide for jurisdiction and powers of the Judge of the City Court of East Point; to repeal conflicting charter and ordinance provisions; and for other purposes. A copy of the proposed ordinance is on file in the office of the city clerk of the City of East Point, City Hall, East Point, Georgia and the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance.

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The ordinance will be considered the first time at the regular meeting of Council of the City of East Point on November 6th, 1978 and will be considered for final adoption at the regular meeting of City Council on November 20th, 1978. /s/ Mary Holleman, Clerk City of East Point, Georgia. Publisher's Affidavit. State of Georgia, County of Fulton. 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 12, 19, 26 days of October, 1978. /s/ Bessie K. Crowell Subscribed and sworn to before me this 29th day of November, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission expires November 16, 1979. Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an act establishing a Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts and ordinances amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and as amended, is hereby further amended to provide for a change in the name of the Recorder of the City of East Point to Judge of the City Court of East Point; to provide for a Judge Emeritus of the City Court of East

Page 4822

Point; to authorize and provide for the scheduling of the holding and sessions of said Court; to provide for qualifications of the Judges, Judge Emeritus and Assistant Judges of the City Court of East Point; to provide for a salary for the Judge and Assistant Judges for the City Court of East Point; to authorize the Judge to assess costs; to provide for jurisdiction and powers of the Judge of the City Court of East Point; to repeal conflicting charter and ordinance provisions; and for other purposes. A copy of the proposed ordinance is on file in the office of the city clerk of the City of East Point, City Hall, East Point, Georgia and the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of Council of the City of East Point on November 6th, 1978 and will be considered for final adoption at the regular meeting of City Council on November 20th, 1978. /s/ Mary Holleman, Clerk City of East Point, Georgia. Personally appeared before me the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Southside Sun, a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice by Mary Holleman, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 26 day of October, 1978. /s/ Gerald Crane, Publisher. Sworn to and subscribed before me, this 18 day of December, 1978. /s/ Lila B. Teal Notary Public, Georgia, State at Large My Commission Expires July 5, 1982 (Seal).

Page 4823

Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an act establishing a Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts and ordinances amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and as amended, is hereby further amended to provide for a change in the name of the Recorder of the City of East Point to Judge of the City Court of East Point; to provide for a Judge Emeritus of the City Court of East Point; to authorize and provide for the scheduling of the holding and sessions of said Court; to provide for qualifications of the Judges, Judge Emeritus and Assistant Judges of the City Court of East Point; to provide for a salary for the Judge and Assistant Judges for the City Court of East Point; to authorize the Judge to assess costs; to provide for jurisdiction and powers of the Judge of the City Court of East Point; to repeal conflicting charter and ordinance provisions; and for other purposes. A copy of the proposed ordinance is on file in the office of the city clerk of the City of East Point, City Hall, East Point, Georgia and the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance. The ordinance will be considered the first time at the regular meeting of Council of the City of East Point on November 6th, 1978 and will be considered for final adoption at the regular meeting of City Council on November 20th, 1978. /s/ Mary Holleman, Clerk City of East Point, Georgia. Georgia, Fulton County. Personally appeared before me the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Southside Sun, a newspaper published at East Point, county of

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Fulton, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice by Mary Holleman, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19 day of October, 1978. /s/ Gerald Crane, Publisher. Sworn to and subscribed before me, this 18 day of December, 1978. /s/ Lila B. Teal Notary Public, Georgia, State at Large My Commission Expires July 5, 1982 (Seal). Public Notice Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an act establishing a Charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts and ordinances amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and as amended, is hereby further amended to provide for a change in the name of the Recorder of the City of East Point to Judge of the City Court of East Point; to provide for a Judge Emeritus of the City Court of East Point; to authorize and provide for the scheduling of the holding and sessions of said Court; to provide for qualifications of the Judges, Judge Emeritus and Assistant Judges of the City Court of East Point; to provide for a salary for the Judge and Assistant Judges for the City Court of East Point; to authorize the Judge to assess costs; to provide for jurisdiction and powers of the Judge of the City Court of East Point; to repeal conflicting charter and ordinance provisions; and for other purposes. A copy of the proposed ordinance is on file in the office of the city clerk of the City of East Point, City Hall, East Point, Georgia and the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon request with a copy of the proposed ordinance.

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The ordinance will be considered the first time at the regular meeting of Council of the City of East Point on November 6th, 1978 and will be considered for final adoption at the regular meeting of City Council on November 20th, 1978. /s/ Mary Holleman, Clerk City of East Point, Georgia. Georgia, Fulton County. Personally appeared before me the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Southside Sun, a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice by Mary Holleman, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 12 day of October, 1978. /s/ Gerald Crane, Publisher. Sworn to and subscribed before me, this 18 day of December, 1978. /s/ Lila B. Teal Notary Public, Georgia, State at Large My Commission Expires July 5, 1982 (Seal). Filed in the Office of the Secretary of State December 28, 1978. CITY OF FITZGERALDELECTIONS. Ordinance No. 1012 An Ordinance to amend the Charter of the City of Fitzgerald, Georgia, to provide that the aldermen, the members of the board of education, and the members of the water, light bond commission, from the first and fourth wards be elected by a majority of the votes cast by citizens residing in the western district of the city, which consists of said first and fourth wards; to provide that the aldermen, the

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members of the board of education, and the members of the water, light bond commission, from the second and third wards be elected by a majority of the votes cast by citizens residing in the eastern district of the city, which consists of said second and third wards; to abolish two positions of aldermen - at - large and to replace them with one alderman from the eastern district and one alderman from the western district each to be elected by a majority of the votes cast by citizens residing in their respective districts; to provide that the three remaining positions of aldermen - at - large be filled by the three candidates running for said positions who received the largest number of votes cast; to abolish the position of chairman of the board of education as an elected position and replace said position with an at - large position and provide that the chairman be elected by the board from its members for a term of one year; to provide that the positions of the three at - large members of the board of education be filled by the candidates receiving a plurality of votes cast, and in years when two at - large positions are being filled, the two candidates receiving the largest number of votes shall be elected; to provide for an increase in the number of members of the water, light bond commission from three to five with one member from each ward and one member at - large which at - large member is to be elected by a plurality of the votes cast for candidates for said position; to prescribe qualifications for aldermen, members of the board of education and members of the water, light bond commission; to provide for filling vacancies in said positions; to provide for the repeal of certain charter provisions in conflict herewith; to provide for the severability of this ordinance; to provide certain editorial changes; to provide that nothing herein shall affect the terms of the present aldermen, members of the board of education, and members of the water, light bond commission; and for other purposes. Ordiance No. 1012. Whereas, it is necessary and desirable to amend the charter of the City of Fitzgerald, Georgia, to clarify and redefine the compositions of the Mayor and Council, the Water, Light Bond Commission, and the Board of Education for the City of Fitzgerald, and to prescribe the qualifications, terms of office, and manner of election of members of each of said bodies; Now, Therefore, the Mayor and Council of the City of Fitzgerald do hereby enact this ordinance to amend the charter laws of the City

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of Fitzgerald, Georgia Laws 1914, page 781, as amended, as follows, to-wit: Section One. Subpart A, Section 9 of the Charter laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, Section 9, as amended, relating to election, term, and compensation of aldermen, is hereby stricken in its entirety, and there is hereby enacted a new Section 9 which shall provide as follows: Section 9. Election, Term, Compensation of Alderman. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Fitzgerald shall consist of nine aldermen, in addition to the Mayor, and each such alderman shall be elected for a term of three years and until his successor is elected and qualified. (a) At the next general election, which is to be held on the third Tuesday in November, 1978, there shall be elected an Alderman from the Second Ward who shall be required to be a resident of the Second Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (b) At the next general election, which is to be held on the third Tuesday in November, 1978, there shall be elected an Alderman from the Third Ward who shall be required to be a resident of the Third Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (c) At the next general election, which is to be held on the third Tuesday of November, 1978, there shall be elected an Alderman from the Fourth Ward who shall be required to be a resident of the Fourth Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (d) At the general election, which will be held on the 3rd Tuesday in November, 1979, there will be elected three Aldermen from the City at large, from candidates who reside within the City of Fitzgerald, Georgia, and the three candidates receiving the largest number of votes shall be elected. (e) At the general election, which will be held on the third

Page 4828

Tuesday in November, 1980, there shall be elected an Alderman from the First Ward who shall be required to be a resident of the First Ward and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (f) The positions of the two at large Aldermen whose terms expire in 1980, are hereby abolished, effective as of the expiration of the present terms of said positions in 1980. (g) At the general election which will be held on the third Tuesday in November, 1980, there shall be elected an Alderman from the western district who shall be required to be a resident of either the First or Fourth Ward and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (h) At the general election which will be held on the third Tuesday in November, 1980, there shall be elected an Alderman from the eastern district who shall be required to be a resident of either the Second or Third Ward and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (i) Definitions: (1) As used in this section the term eastern district is hereby defined to be that portion of the City of Fitzgerald which includes the Second and Third Wards. (2) As used in this section the term western district is hereby defined to be that portion of the City of Fitzgerald which includes the First and Fourth Wards. (j) Said Aldermen shall receive for their services $900.00 per year, to be paid monthly. (k) Aldermen shall be required to be registered voters in the City of Fitzgerald, and be at least 21 years of age at the time that they take their oath of office. (l) The successor to each Alderman described in paragraphs a, b, c, d, e, g and h of this section shall meet the same qualifications and be elected in the same manner as such Aldermen.

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(m) Nothing in this section shall affect in any manner the term of office of any Aldermen presently serving on the Mayor and Council of the City of Fitzgerald. Section Two. Subpart A, Section 94, of the Charter laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, Section 94, as amended, relating to the establishment of school district; organization of Board of Education; qualifications, elections, terms of members; and filling vacancies in membership, is hereby stricken in its entirety, and there is hereby enacted a new Section 94 which shall provide as follows: Section 94. Establishment of School District; Organization of Board of Education; Qualifications, Elections, Terms, Members; Filling Vacancies In Membership. Be it further enacted by the authority aforesaid, that the territory included within the corporate limits of the City of Fitzgerald shall be, and is hereby, continued as an independent school district, and that, effective as of and from and after the effective date of this section, there shall be a Board of Education for said City of Fitzgerald, consisting of seven members, three of which to be elected from the City at large and four members of which to be elected from the wards of said City, one to be elected from each ward, who shall have the power and authority now vested, which may hereinafter be vested in the Board of Education of said City, and who shall be elected and hold office as hereinafter provided, all of the members of said Board of Education to have the same qualifications as are required for members of the City Council, and with such additional qualifications as are prescribed herein, and the members of said Board to be elected as hereinafter prescribed. (a) Effective as of the expiration of the term of office of the present Chairman of the Board of Education, or the occurrence of a vacancy in the position as Chairman from death, resignation or other wise, whichever first occurs, the position of an elected Chairman of the said Board of Education is hereby abolished, and thereafter, the Chairman of the said Board of Education shall be elected by the Board by a majority vote of its members for a term of one year. (b) At the general election which will be held on the third

Page 4830

Tuesday in November, 1979, and at such general elections every four years thereafter, there shall be elected two members of the Board of Education from the City at large, from candidates who reside within the City of Fitzgerald, Georgia, and the two candidates receiving the largest number of votes shall be elected. (c) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every four years thereafter, there shall be elected a member of said Board of Education who shall be required to be a resident of the Second Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (d) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every four years thereafter, there shall be elected a member of said Board of Education who shall be required to be a resident of the Fourth Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (e) At the general election which will be held on the third Tuesday in November, 1981, and at such general elections every four years thereafter, there shall be elected a member of said Board of Education who shall be required to be a resident of the First Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (f) At the general election which will be held on the third Tuesday in November, 1981, and at such general elections every four years thereafter, there shall be elected a member of said Board of Education who shall be required to be a resident of the Third Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. (g) At the general election which will be held on the third Tuesday in November, 1981, and at such general elections every four years thereafter, there shall be elected one member of said Board of Education from the City at large, from candidates who reside within the City of Fitzgerald, Georgia, and the candidate receiving the largest number of votes shall be elected. (h) Definitions:

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(1) As used in this section the term eastern district is hereby defined to be that portion of the City of Fitzgerald which includes the Second and Third Wards. (2) As used in this section the term western district is hereby defined to be that portion of the City of Fitzgerald which includes the First and Fourth Wards. (i) Members of the Board of Education of the City of Fitzgerald shall be required to be registered voters in the City of Fitzgerald, and be at least 21 years of age at the time that they take their oath of office. (j) Nothing in this section shall affect in any manner the term of office of any Aldermen presently serving on the Board of Education of the City of Fitzgerald. (k) In the event any vacancy or vacancies, whether arising from death, resignation, or otherwise, occur in the membership of the Board of Education of said City, the Mayor and Council of said City shall elect a successor to fill any such vacancy or vacancies for the remainder of the calendar year in which such vacancy or vacancies occur, and, at the next succeeding general election for members of the City Council after such vacancy occurs a successor shall be elected to fill the remainder of the unexpired term; provided, however, that, if any such vacancy occurs subsequent to the 30th day of October in any year, the successor so elected by the Mayor and Council shall hold office for the remaining portion of the year in which such vacancy occurred, and, in the event the unexpired term in which said vacancy occurred extends beyond the year during which such vacancy occurred, the successor so elected shall also hold such office for the next succeeding year, and at the general election in the next succeeding year a successor shall be elected to fill the remainder of the unexpired term in which the vacancy occurred. However, notwithstanding any other provision of this paragraph k or any provision of paragraph j of this Section 94, should any vacancy arise whether from death, resignation or otherwise, prior to the end of the term of office of any person presently serving as a member of said Board of Education, then at such general election at which a successor may be elected to fill the remainder of the unexpired term, the procedure prescribed by paragraph b, c, d, e, f, or g, as the case may be, shall be followed to determine which voters may elect such

Page 4832

member and to determine whether a majority or a mere plurality of the vote is required to elect such member, rather than observing the procedure which was heretofore followed in electing the present members of said Board of Education. Section Three. Subpart A, Section 55 of the Charter laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, Section 55, as amended, relating to the Water, Light Bond Commission, and its creation, organization, powers and duties, is hereby stricken in its entirety, and there is hereby enacted a new Section 55 which shall provide as follows: Section 55. Water, Light Bond Commission; Creation, Organization, Powers and Duties. Be it further enacted by the authority aforesaid, that there is hereby created a Water, Light Bond Commission, to consist of five upright, intelligent citizens of the City of Fitzgerald, of sound business discretion, whose duties and powers it shall be to take charge of, operate and maintain the present system of water and lights in the City of Fitzgerald and improve the same through and by proper agents in and for said city; and whose duties it shall be to construct and maintain a system of sewerage for the said city. (a) The said Water, Light Bond Commission shall have, and is hereby given, full power and authority to operate and maintain the water and light plant, and water and sewerage systems of said city and any other public works under their management and control, and to enlarge or extend the same; to employ such officers, agents and employees as they may, in their discretion, deem necessary and fix and pay the compensation to be paid to such officers, agents, and employees; to fix the rates to be charged consumers for electrical energy and for water and lights furnished them, and to change such rates at any time, and from time to time, as they in their discretion may deem necessary and expedient; provided, however, that the rates so fixed by said commission shall at all times be sufficient to provide the funds necessary for the operation and maintenance of the water and light plant and water and sewerage systems and other public works under their management and control, including the necessary repairs and depreciation such as are ordinarily charged to privately owned plants of a similar nature, and to provide all necessary and reasonable extensions of such systems, and shall also

Page 4833

be sufficient to provide, in addition thereto, a surplus or profit of not less than ten (10%) per cent of the gross annual income derived from the operation of said water and light plant or other public works under their management and control, which surplus or profit in any additional surplus or profit over and above such minimum amount shall be paid into the treasury of the City of Fitzgerald; to operate the city's light plant for the production of electrical energy, or, in their discretion, to contract for the purchase of electrical energy, either from public or privately owned plants, for the purpose of distribution and resale to its consumers, and to enter such contracts for a period of time not exceeding five years; to purchase machinery, supplies and materials necessary for the operation, maintenance, extension and improvement of the water and light plant and water and sewerage systems and other public works under their management and control, either for cash or upon deferred payments, provided that such deferred payments shall not extend over a period of time exceeding three years; and to fix, prescribe, and enforce rules and regulations governing the sale and distribution of water and electrical energy, including the right to require a cash deposit from consumers before connections are made and service rendered; and it shall be the duty of said commission to furnish all necessary street lights and lights and water for the public buildings and parks of said city and water for fire-fighting purposes, without charge to the city of Fitzgerald. (b) The said Water, Light Bond Commission shall have the control of the sale of all bonds that may be issued by the City of Fitzgerald, and of all contracts made in behalf of said city for water, light and sewerage purposes, and the said water, light and bond commission is hereby further authorized to control in like manner any and all other bonds that they may issue in the City of Fitzgerald for said purposes from time to time, and for carrying into effect the provisions of this section, said Water, Light Bond Commission is hereby given authority to negotiate loans, if necessary, through the Mayor and Council, or direct on behalf of the City of Fitzgerald, and all other profits arising from the operation of said water and light plant and also all other public works under the control of said commission shall be paid monthly into the City Treasury of Fitzgerald; it shall be the duty of the City Council to supply said Water, Light Bond Commission with funds, if necessary, to carry into effect the provisions of this section. Any guardian or trustee in his discretion, may invest any funds of his ward or cestui qui trust in his hands in

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the bonds of the said City of Fitzgerald in the same manner and to the same extent as such funds may be invested in bonds, stocks and other securities of the State of Georgia. It shall be the duty of said Water, Light Bond Commission to make monthly itemized reports to the Mayor and City Council, showing the receipts and disbursements, on account of the water, light and sewerage systems of said city; filing with said City Council, or their clerks, all originals of bills and all receipts which shall be filed with the Clerk of said City Council by the first day of each and every month, to remain on file for a period of ten days thereafter, and it shall be the duty of the members of the said commission to appear before the Mayor and Council whenever called upon for the purpose of being examined with reference to any matter affecting the Water, Light Bond Commission, and their actings and doings. It is hereby made their duty to expend for the operation, maintenance and extension of such systems all of the funds in their hands for said purposes before calling on the Mayor and Council. The said Mayor and Council are given the power and authority to have an independent investigation made of all the actings and doings of said Water, Light Bond Commission, and their employees at the expense of the City of Fitzgerald, and they are hereby authorized to have the machinery and workings of said plants independently investigated by competent authority and recommend to said Water, Light Bond Commission any change made therein which in their judgment, would be to the best interest of the city, the expense of making which shall be borne by the Water, Light Bond Commission, if said commission, upon such recommendation, makes such changes. (c) All vacancies occurring in the office of such commission shall be filled by popular election, especially called for that purpose. The term of office of such commissioners shall, except as herein provided, be three years, and until their successors are elected and qualified, and shall begin on the first day of January next following their election. (d) The positions of the two at-large members of said commission whose terms expire in 1978 and 1980, respectively, are hereby abolished, effective as of the expiration of the present terms of said positions. (e) At the next general election, which is to be held on the third Tuesday in November, 1978, a member of said commission shall be

Page 4835

elected who shall be required to be a resident of the Third Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district, and his term of office shall be for a period of one year. (f) At the next general election, which will be held on the third Tuesday in November, 1978, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the Second Ward, and shall be elected by a majority of the registered and qualified voters who reside in the eastern district. (g) At the next general election, which will be held on the third Tuesday in November, 1978, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the Fourth Ward, and shall be elected by a majority of the registered and qualified voters who reside in the western district. (h) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the Third Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the eastern district. This shall be considered to be the successor post to the position described in paragraph e of this section. (i) At the general election which will be held on the third Tuesday in November, 1979, and at such general elections every three years thereafter, there shall be elected a member of said commission from the city at large, from candidates who reside within the City of Fitzgerald, Georgia, and the candidate receiving the largest number of votes shall be elected. (j) At the general election which will be held on the third Tuesday in November, 1980, and at such general elections every three years thereafter, there shall be elected a member of said commission who shall be required to be a resident of the First Ward, and shall be elected by a majority vote of the registered and qualified voters who reside in the western district. (k) Definitions:

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(1) As used in this section the term eastern district is hereby defined to be that portion of the City of Fitzgerald which includes the Second and Third Wards. (2) As used in this section the term western district is hereby defined to be that portion of the City of Fitzgerald which includes the First and Fourth Wards. (l) Members of the Water, Light Bond Commission of the City of Fitzgerald, shall be required to be registered voters in the City of Fitzgerald, and be at least 21 years of age at the time that they take their oath of office. (m) Nothing in this section shall affect in any manner the term of office of any commissioners presently serving on the Water, Light Bond Commission of the City of Fitzgerald. (n) The said Water, Light Bond Commission shall have the right, power and authority to establish, operate and maintain a system for the distribution of gas, either natural, manufactured or liquefied petroleum, for domestic, commercial and industrial use and to establish, maintain and operate distribution systems, either through mains and pipes or by means of tanks served by trucks, for the sale and distribution of such gas within and outside of the city limits of the City of Fitzgerald and otherwise with the same rights, powers and authority in the installation, maintenance, extension and operation of any such system for the sale and distribution of gases are conferred upon said commission for the construction, maintenance and operation of the said water, light and sewerage systems of said City. Section Four. If any section of this ordinance, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of this ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Date of First Adoption: August 21, 1978. Passed by the following vote: Yes, 6; No, 1. Date of Second Adoption: September 18, 1978. Passed by the following vote: Yes, 7; No, 1.

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Approved: Gerald A. Thompson Mayor Attest: Louise Wiggins Clerk Georgia, Ben Hill County. The undersigned, as Clerk of the City of Fitzgerald, Georgia, does hereby certify that the foregoing 13 pages constitute a true, correct and complete copy of Ordinance Number 1012 which was approved by the Mayor and Council of the City of Fitzgerald, Georgia, on September 18, 1978, which ordinance amends the Charter Laws of the City of Fitzgerald, Georgia, as provided therein. This 17th day of November, 1978. /s/ Louise Wiggins Clerk, City of Fitzgerald, Georgia (Seal) Georgia, Ben Hill County. The undersigned deponent, after being first duly sworn states on oath as follows: 1. My name is Gerald W. Pryor, and I am Editor and Publisher of the Fitzgerald Herald and Leader, the newspaper in which the Sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge, and I am competent to testify to the matters stated herein. 2. Attached hereto is a true and correct copy of a notice which was

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published in the Fitzgerald Herald and Leader once a week for three consecutive weeks beginning August 17, 1978, in respect to Ordinance Number 1012, which ordinance was given final approval by the Mayor and Council of the City of Fitzgerald, Georgia, on September 18, 1978. /s/ Gerald W. Pryor Sworn to and subscribed before me, this 20th day of November, 1978. /s/ Grace W. Reeves Notary Public, Ben Hill County, Georgia. My Commission Expires: 10-15-79 (Seal). Notice of Proposed Amendment to Charter of the City of Fitzgerald, Georgia. Notice is hereby given that an ordinance has been proposed amending the Charter of the City of Fitzgerald, Georgia, to provide that the Aldermen, the members of the Board of Education, and the members of the Water, Light Bond Commission, from the First and Fourth Wards be elected by a majority of the votes cast by citizens residing in the Western District of the City, which consists of the First and Fourth Wards; to provide that the Aldermen, the members of the Board of Education, and the members of the Water, Light Bond Commission, from the Second and Third Wards be elected by a majority of the votes cast by citizens residing in the Eastern District of the City which consists of the Second and Third Wards; to abolish two positions of Aldermen at-large and to replace them with one Alderman from the Eastern District and one Alderman from the Western District, each to be elected by a majority of the votes cast by citizens residing in their respective districts; to provide that the three remaining positions of Alderman at-large be filled by the three candidates running for said positions who receive the largest number of votes cast; to abolish the position of Chairman of the Board of Education as an elected position and replace said position with an at-large position and provide that the Chairman be elected by the Board from its members for a term of one year; to provide that the positions of the three at-large members of the Board of

Page 4839

Education be filled by the candidates receiving a plurality of votes cast, and in years when the two at-large positions are being filled, the two candidates receiving the largest number of votes shall be elected; to provide for an increase in the number of members of the Water, Light Bond Commission from three to five, with one member from each ward and one member at-large which at-large member is to be elected by a plurality of the votes cast for candidates for said position; to prescribe qualifications for Aldermen, members of the Board of Education, and members of the Water, Light Bond Commission; to provide for filling vacancies in said positions; to provide for repeal of the charter provisions in conflict herewith; to provide for the severability of said ordinance; to provide certain editorial changes; to provide that nothing in said ordinance shall affect the terms of present Aldermen, members of the Board of Education, and members of the Water, Light Bond Commission; and for other purposes. A copy of said proposed amendment to the Charter of the City of Fitzgerald is on file in the office of the Clerk of the Mayor and Council of the City of Fitzgerald. Another copy of said proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County, Georgia. Said copies of said proposed amendment are available to the general public during regular business hours for the purpose of examination and inspection. Said Clerk of the Mayor and Council of the City of Fitzgerald shall furnish anyone, upon written request, a copy of said proposed amendment. /s/ Louise Wiggins Clerk, of the Mayor and Council of the City of Fitzgerald Filed in the Office of the Secretary of State November 22, 1978. CITY OF FITZGERALDCITY ADMINISTRATOR. Ordinance Number 1013 An ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, to redefine the duties and responsibilities of the City Administrator of the City of Fitzgerald, Georgia, and to provide for the filling of any vacancy in said office whether created by death, removal or resignation: to repeal provisions of said Charter Laws which are inconsistent with said amendment; to provide for the severability of said amendment; and for other purposes.

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WHEREAS, it is necessary and desirable to amend the Charter laws of the City of Fitzgerald, Georgia, to redefine the duties and responsibilities of the City Administrator of the City of Fitzgerald, Georgia, and to make provision for the filling of any vacancy in said position whether created by death, removal or resignation; NOW, THEREFORE, the Mayor and Council of the City of Fitzgerald, Georgia, do hereby enact this ordinance to amend the Charter laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, as amended, as follows, to-wit: Section One. Subpart A, Section 124 of the Charter laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, Section 124, as amended, relating to the City Administrator and his duties and salary, which Section 124 was created by Ordinance Number 975, amending said Charter laws, which was approved on October 6, 1975, is hereby amended by striking said Section 124 in its entirety and enacting a new Section 124 which shall provide as follows: Sec. 124. City Administrator; Duties and Responsibilities; Salary; Removal, Filling of Vacancy: (a) There is hereby created the permanent position of City Administrator of the City of Fitzgerald, Georgia, who shall be appointed by, and shall be subject to removal by, the Mayor with the advice and consent of the Council. Said City Administrator shall be the Chief Administrative Officer of said City and shall have the following duties: (1) To see that the laws of the United States of America, the State of Georgia, and the ordinances, resolutions, rules and regulations of the City of Fitzgerald, Georgia, are faithfully executed and enforced. (2) To attend meetings of the Mayor and Council of the City of Fitzgerald, Georgia, and bring matters of policy to their attention that require action or policy decisions. (3) To make reports to the Mayor and Council of the City of Fitzgerald, Georgia, from time to time upon the affairs of said City and to keep said Mayor and Council fully advised of the City's financial condition and its future financial needs.

Page 4841

(4) To appoint and suspend or remove, and otherwise have full control of, all City employees in accordance with the City's duly adopted personnel management ordinance and plan; provided, that with respect to the appointment and removal of Department Heads, said City Administrator shall act only with the advice and consent of the Mayor and Council. (5) To prepare and submit the annual budget of said City for operational and capital expenditures to the Mayor and Council of said City. (6) To direct and supervise the administration of all departments, properties and operations of the City, subject to the general direction and control of the Mayor and Council of said City. (7) To investigate the affairs, records, accounts and expenditures of the various commissions and boards created by the City of Fitzgerald, Georgia and to report them at least once a year to the Mayor and Council of said City, and to otherwise act as a liaison between these entities and the Mayor and Council of said City. (8) To exercise any other powers and perform any other duties required or authorized by the Mayor and Council of said City, which are not inconsistent with the Charter laws and Code of Ordinances of said City. (b) The salary of said City Administrator shall be prescribed by ordinance. (c) In the event of a vacancy in the position of City Administrator, whether created by death, removal or resignation, the duties of said City Administrator shall be performed by the Mayor of the City of Fitzgerald, Georgia, at no additional compensation, until a new administrator is appointed. Section Two. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of this ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Date of First Adoption: 9/18/78. Passed by the following vote: Yes 8, No 0.

Page 4842

Date of Second Adoption: 10/2/78. Passed by the following vote: Yes 5, No 0. Approved: /s/ Gerald A. Thompson Mayor Attest: /s/Louise Wiggins Clerk Georgia, Ben Hill County. The undersigned, as Clerk of the City of Fitzgerald, Georgia, does hereby certify that the foregoing three pages constitute a true, correct and complete copy of Ordinance Number 1013 which was approved by the Mayor and Council of the City of Fitzgerald, Georgia, on October 2, 1978, which ordinance amends the Charter Laws of the City of Fitzgerald, Georgia, as provided therein. This 17th day of November, 1978. /s/ Louise Wiggins Clerk City of Fitzgerald, Georgia (Seal). Georgia, Ben Hill County. The undersigned deponent, after being first duly sworn states on oath as follows: 1. My name is Gerald W. Pryor, and Editor and Publisher of the Fitzgerald Herald and Leader, the newspaper in which the Sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge, and I am competent to testify to the matters stated herein.

Page 4843

2. Attached hereto is a true and correct copy of a notice which was published in the Fitzgerald Herald and Leader once a week for three consecutive weeks beginning September 14, 1978, in respect to Ordinance Number 1013, which ordinance was given final approval by the Mayor and Council of the City of Fitzgerald, Georgia, on October 2, 1978. /s/ Gerald W. Pryor Sworn to and subscribed before me, this 20th day of November, 1978. /s/ Grace W. Reeves Notary Public, Ben Hill County, Georgia. My Commission Expires Nov. 15, 1979. (Seal). Notice of Proposed Amendment to the Charter of the City of Fitzgerald, Georgia Notice is hereby given that an ordinance has been proposed amending the Charter of the City of Fitzgerald, Georgia, to redefine the duties and responsibilities of the City Administrator of the City of Fitzgerald, Georgia, and to provide for the filling of any vacancy in said office whether created by death, removal or resignation; to repeal provisions of said Charter laws which are inconsistent with said amendment; to provide for the severability of said amendment; and for other purposes. A copy of said proposed amendment to the Charter of the City of Fitzgerald, Georgia is on file in the office of the Clerk of the Mayor and Council of the City of Fitzgerald, Georgia. Another copy of said proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County, Georgia. Said copies of said proposed amendment are available to the general public during regular business hours for the purpose of examination and inspection. Said Clerk of the Mayor and Council of the City of Fitzgerald shall furnish

Page 4844

anyone, upon written request, a copy of said proposed amendment. /s/ Louise Wiggins Clerk, of the Mayor and Council of the City of Fitzgerald, Georgia Filed in the Office of the Secretary of State November 22, 1978. CITY OF FITZGERALDCOMPENSATION OF OFFICIALS. Ordinance Number 1014. An Ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, to provide that the compensation of Aldermen be increased from nine hundred and no/100 ($900.00) dollars per year to one hundred and no/100 ($100.00) dollars per month; to provide that compensation to members of the Water, Light Bond Commission of the City of Fitzgerald, Georgia shall be one hundred and no/100 ($100.00) dollars per month; to provide that compensation for the Mayor of the City of Fitzgerald, Georgia, be increased from two thousand four hundred and no/100 ($2,400.00) dollars per year to two hundred fifty and no/100 ($250.00) dollars per month; to provide that the compensation paid to the City Attorney of the City of Fitzgerald, Georgia, be increased from one thousand five hundred and no/100 ($1,500.00) dollars per year to two hundred ($200.00) dollars per month; to provide that the Mayor and Council of the City of Fitzgerald, Georgia be authorized to employ said City Attorney to represent officers and employees of said City against whom claims are made for acts or omissions allegedly committed during and in the course of the performance of their official duties; to provide for the repeal of other provisions of said Charter which are inconsistent with said amendment; and for other purposes. WHEREAS, it is necessary and desirable to amend the Charter of the City of Fitzgerald, Georgia, to redefine and establish the compensation to be paid to Aldermen and members of the Water, Light

Page 4845

Bond Commission and provisions relating to the amount of compensation and circumstances under which compensation is to be paid to the City Attorney; NOW, THEREFORE, the Mayor and Council of the City of Fitzgerald do hereby enact this ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, as amended, as follows, to-wit: Section 1. Subpart A, Section 9 of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, section 9, as amended, relating to election, terms, and compensation of Aldermen, is hereby amended by striking therefrom the following clause: Said Aldermen shall receive for their services Nine Hundred Dollars ($900.00) per year, to be paid monthly, and by inserting in lieu thereof the following clause: Said Aldermen shall receive for their services One Hundred Dollars ($100.00) per month. Section 2. Subpart A, Section 55, of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, Section 55, as amended, relating to Water, Light Bond Commission; creation, organization, powers and duties, is hereby amended by adding thereto at the end thereof the following new paragraph, which shall provide as follows: (o). The members of the Water, Light Bond Commission shall receive for their services One Hundred Dollars ($100.00) per month. Section 3. Subpart A, Section 4 of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, section 4, as amended relating to Mayor; elections, terms, vacancies in office, functions, compensation, is hereby amended by striking therefrom the following sentence: He shall be paid a salary of Twenty Four Hundred Dollars ($2,400.00) per year, to be paid monthly, and shall receive no other fee, nor perquisites in connection with his office, and by inserting in lieu thereof the following sentence: He shall be paid a salary of Two Hundred Fifty Dollars ($250.00) per month, and shall receive no other fee, nor perquisites in connection with his office. Section 4. Subpart A, Section 47 of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, Section 47, as

Page 4846

amended, relating to City Attorney; Function, Duties, Compensation, Term is hereby amended by striking therefrom the following sentence: The City Attorney shall receive a salary of Fifteen Hundred Dollars ($ 1,500.00) per annum, and such fees as may be agreed upon by the council for special services and for representing the City in litigation in which it is involved, and by inserting in lieu thereof the following new sentence: The City Attorney shall receive a salary of Two Hundred Dollars ($200.00) per month, and such fees as may be agreed upon by the council for special services and for representing the City in litigation in which it is involved, and the Mayor and Council of the City of Fitzgerald, Georgia, is further authorized to employ the City Attorney at a rate of compensation as may be agreed upon by the council, for the purpose of said city attorney representing officers and employees of the City of Fitzgerald against whom claims are made for acts or omissions allegedly committed by said officers and employees during and in the course of the performance of their official duties. Section 5. This Ordinance amending the Charter Laws of the City of Fitzgerald, Georgia, shall become effective on January 1, 1979. Section 6. If any section of this ordinance, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Date of First Adoption: Sept. 18, 1978. Passed by the following vote: yes 8, no 0. Date of Second Adoption: Oct. 2, 1978. Passed by the following vote: yes 5, no 0. Approved: /s/ Gerald A. Thompson Mayor Attest: /s/ Louise Higgins Clerk

Page 4847

Georgia, Ben Hill County. The undersigned, as Clerk of the City of Fitzgerald, Georgia, does hereby certify that the foregoing three pages constitute a true, correct and complete copy of Ordinance Number 1014 which was approved by the Mayor and Council of the City of Fitzgerald, Georgia, on October 2, 1978, which ordinance amends the Charter Laws of the City of Fitzgerald, Georgia, as provided therein. This 17th day of November, 1978. /s/ Louise Wiggins Clerk City of Fitzgerald, Georgia (Seal). Georgia, Ben Hill County. The undersigned deponent, after being first duly sworn states on oath as follows: 1. My name is Gerald W. Pryor, and I am Editor and Publisher of the Fitzgerald Herald and Leader, the newspaper in which the Sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge, and I am competent to testify to the matters stated herein. 2. Attached hereto is a true and correct copy of a notice which was published in the Fitzgerald Herald and Leader once a week for three consecutive weeks beginning September 14, 1978, in respect to Ordinance Number 1014, which ordinance was given final approval by the Mayor and Council of the City of Fitzgerald, Georgia, on October 2, 1978. /s/ Gerald W. Pryor

Page 4848

Sworn to and subscribed before me, this 20th day of November, 1978. /s/ Grace W. Reaves Notary Public, Ben Hill County, Georgia. My Commission Expires Oct. 15, 1979. (Seal). Notice of Proposed Amendment to the Charter of the City of Fitzgerald, Georgia. Notice is hereby given that an ordinance has been proposed amending the Charter of the City of Fitzgerald, Georgia, to provide that the compensation of Aldermen be increased from $900.00 per year to $100.00 per month; to provide that compensation to members of the Water, Light Bond Commission of the City of Fitzgerald, Georgia shall be $100.00 per month; to provide that compensation for the Mayor of the City of Fitzgerald, Georgia, be increased from $2,400.00 per year to $250.00 per month; to provide that the compensation paid to the City Attorney of the City of Fitzgerald, Georgia, be increased from $1,500.00 per year to $200.00 per month; to provide that the Mayor and Council of the City of Fitzgerald, Georgia be authorized to employ said City attorney to represent officers and employees of said City against whom claims are made for acts or omissions allegedly committed during and in the course of the performance of their official duties; to provide for the repeal of other provisions of said charter which are inconsistent with said amendment; to provide for the severability of said amendment; and for other purposes. A copy of said proposed amendment to the Charter of the City of Fitzgerald, Georgia is on file in the office of the Clerk of the Mayor and Council of the City of Fitzgerald, Georgia. Another copy of said proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County, Georgia. Said copies of said proposed amendment are available to the general public during regular business hours for the purpose of examination and inspection. Said Clerk of the Mayor and Council of the City of Fitzgerald shall furnish

Page 4849

anyone, upon written request, a copy of said proposed amendment. /s/ Louise Wiggins Clerk, of the Mayor and Council of the City of Fitzgerald, Georgia. Georgia, Ben Hill County. The undersigned deponent, after being first duly sworn states on oath as follows: 1. My name is Gerald W. Pryor, and I am Editor and Publisher of the Fitzgerald Herald and Leader, the newspaper in which the Sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge, and I am competent to testify to the matters stated herein. 2. Attached hereto is a true and correct copy of a notice which was published in the Fitzgerald Herald and Leader once a week for three consecutive weeks beginning August 31, 1978, in respect to Ordinance Number 1014, which ordinance was given final approval by the Mayor and Council of the City of Fitzgerald, Georgia, on October 2, 1978. /s/ Gerald W. Pryor Sworn to and subscribed before me, this 20th day of November, 1978. /s/ Grace W. Reeves Notary Public, Ben Hill County, Georgia. My Commission Expires: Oct. 15, 1979. (Seal).

Page 4850

Notice. Notice is hereby given that the Mayor and Council of the City of Fitzgerald, Georgia, on the third Monday in September, 1978, at 8:00 o'clock, p.m., and on the first Monday in October, 1978, at 8:00 o'clock, p.m., will take action to increase the compensation paid to the Mayor of the City of Fitzgerald, Aldermen of the City of Fitzgerald, Georgia, Members of the Fitzgerald Water, Light Bond Commission, and the City Attorney of Fitzgerald, Georgia, by voting upon a proposed ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, relating to such compensation. The effective date of such Charter amendment, if approved, will be January 1, 1979. /s/ Louise Wiggins Clerk, City of Fitzgerald, Ga. Filed in the Office of the Secretary of State November 22, 1978. CITY OF FITZGERALDCOMPENSATION OF BOARD OF EDUCATION. Ordinance Number 1015 An ordinance to amend the Charter laws of the City of Fitzgerald, Georgia, to increase the compensation paid to members of the Board of Education of the City of Fitzgerald, Georgia from one hundred twenty and no/100 ($120.00) dollars per year to twenty-five and no/100 ($25.00) dollars per month; to repeal provisions of said Charter laws which are inconsistent with such amendment; to provide for the severability of this ordinance; and for other purposes. WHEREAS, it is necessary and desirable to amend the Charter of the City of Fitzgerald, Georgia to redefine and establish the compensation to be paid to members of the Board of Education of the City of Fitzgerald, Georgia; NOW, THEREFORE, the Mayor and Council of the City of Fitzgerald do hereby enact this ordinance to amend the Charter laws of the City of Fitzgerald, Georgia Georgia Laws 1914, page 781, as amended, as follows, to-wit:

Page 4851

Section One. Subpart A, Section 98, of the Charter laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, page 781, Section 98, as amended, relating to compensation of members of Board of Education; interest in contracts with school district prohibited, is hereby amended by striking said Section 98 in its entirety and substituting in lieu thereof the following new Section 98, which shall provide as follows: Section 98. Compensation of Members of Board of Education; Interest in Contracts with School District Prohibited. Be it further enacted by the authority aforesaid, that each member of said Board of Education shall receive as full compensation for his services Twenty-five and no/100 ($25.00) Dollars per month, and shall receive no further compensation, either directly or indirectly, nor shall any member of said board be interested, directly or indirectly, in any contract with said school district; provided, however, that the Clerk of said Board of Education, in addition to his pay as a member of said board, may be allowed such additional compensation as shall be fixed by said Board of Education, not to exceed Two Hundred and no/100 ($200.00) Dollars per annum, to be paid monthly. Section Two. This ordinance amending the Charter laws of the City of Fitzgerald, Georgia, shall become effective on January 1, 1979. Section Three. If any section of this ordinance, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of this ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Date of First Adoption: 9/18/78 Passed by the following vote: Yes 8, No 0 Date of Second Adoption: 10/2/78 Passed by the following vote: Yes 8, No 0 Approved: Gerald A. Thompson Mayor Attest: /s/ Louise Wiggins Clerk

Page 4852

Georgia, Ben Hill County. The undersigned, as Clerk of the City of Fitzgerald, Georgia, does hereby certify that the foregoing two pages constitute a true, correct and complete copy of Ordinance Number 1015 which was approved by the Mayor and Council of the City of Fitzgerald, Georgia, on October 2, 1978, which ordinance amends the Charter Laws of the City of Fitzgerald, Georgia, as provided therein. This 17th day of November, 1978. /s/ Louise Wiggins Clerk, City of Fitzgerald, Georgia (Seal). Georgia, Ben Hill County. The undersigned deponent, after being first duly sworn states on oath as follows: 1. My name is Gerald W. Pryor, and I am Editor and Publisher of the Fitzgerald Herald and Leader, the newspaper in which the Sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge, and I am competent to testify to the matters stated herein. 2. Attached hereto is a true and correct copy of a notice which was published in the Fitzgerald Herald and Leader once a week for three consecutive weeks beginning September 14, 1978, in respect to Ordinance Number 1015, which ordinance was given final approval by the Mayor and Council of the City of Fitzgerald, Georgia, on October 2, 1978. /s/ Gerald W. Pryor

Page 4853

Sworn to and subscribed before me, this 20th day of November, 1978. /s/ Grace W. Reeves Notary Public, Ben Hill County, Georgia. My Commission Expires October 15, 1979. (Seal). Notice of Proposed Amendment to Charter of the City of Fitzgerald, Georgia Notice is hereby given that an ordinance has been proposed amending the Charter of the City of Fitzgerald, Gerogia, to provide for an increase in compensation paid to members of the Board of Education of the City of Fitzgerald, from One Hundred Twenty and No/100 ($120.00) Dollars per year to Twenty-five and no/100 ($25.00) Dollars per month; to repeal provisions of said Charter laws which are inconsistent with said amendment; to provide for the severability of said amendment; and for other purposes. A copy of said proposed amendment to the Charter of the City of Fitzgerald, Georgia, is on file in the office of the Clerk of the Mayor and Council of the City of Fitzgerald, Georgia. Another copy of said proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County, Georgia. Said copies of said proposed amendment are available to the general public during regular business hours for the purpose of examination and inspection. Said Clerk of the Mayor and Council of the City of Fitzgerald, Georgia, shall furnish anyone, upon written request, a copy of said proposed amendment. /s/ Louise Wiggins Clerk, of the Mayor and Council of the City of Fitzgerald, Georgia Filed in the Office of the Secretary of State November 22, 1978.

Page 4854

CITY OF GREENSBOROSALARIES. Resolution. RESOLVED that the compensation of the Mayor and Council of City of Greensboro for the next regular term of office beginning subsequent to the elections to be held in the year 1978 shall be as follows: Mayor $250.00 per month; Mayor Pro-Tem $150.00 per month and each additional Councilman $100.00 per month. Clerk's Certificate. I, MARY ANNA TORBERT, Assistant Clerk of the City of Greensboro do hereby certify that the foregoing Resolution was duly adopted at a regular meeting of the Mayor and Council of said city, held February 6, 1978, and that said meeting complied with the charter of said City. This 7th day of February, 1978. /s/ Mary Anna Torbert Assistant Clerk (Seal). Notice of Intention to Introduce Resolution to Increase Salaries of Mayor and City Councilmen. Notice is hereby given that there will be introduced at the February 6, 1978 meeting of the Mayor and Council of the City of Greensboro a resolution to raise the compensation of the Mayor and Council of the City of Greensboro a resolution to raise the compensation of the Mayor to a sum of $250.00 per month and the compensation of Mayor Pro Tem to $150.00 per month and of each Councilman to the sum of $100.00 per month. Such increases in compensation shall not take effect until the election and qualification of the next succeeding Mayor and Council of said City. This 16th day of January, 1978. /s/ C. W. Smith Mayor

Page 4855

Publisher's Affidavit. Georgia, Greene County. I, CAREY WILLIAMS, SR., Editor of the Herald Journal, the official organ of Greensboro, Greene County, Georgia, do certify that the attached Notice of Intention to Introduce Resolution to Increase Salaries of Mayor and City Councilmen was published in said paper on January 20, 1978, January 27, 1978 and February 3, 1978. /s/ Carey Williams, Sr. Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Carey Williams, Jr. Notary Public, State of Georgia. Filed in the Office of the Secretary of State February 16, 1978. CITY OF GRIFFINSALARIES. Georgia, Spalding County. Resolution. In accordance with the provisions of Georgia Laws 1975, page 28 (Ga. Code Ann. 69-109) and pursuant to notice of the intention to consider this resolution which was published in the Griffin Daily News, a newspaper of general circulation in the City of Griffin, Georgia on February 11, 18, and 25, 1978: BE IT RESOLVED, by the Board of Commissioners of the City of Griffin that the salary and compensation of each commissioner as heretofore set in 2.16, Commissioner's Salary of the Charter of the City of Griffin be and the same is hereby fixed effective on and after December 15, 1978 as follows: Each of the members of the Board of Commissioners of the City of Griffin shall receive a salary of $350.00 per month except that the Chairman of the Board shall receive a salary of $450.00 per month.

Page 4856

In addition to the foregoing, each of the commissioners shall receive an expense allowance of $50.00 per month. No commissioner shall receive any other remuneration except actual expense for attending special conferences and meetings outside Spalding County, Georgia, which expenses must be approved by the entire Board of Commissioners. Resolution approved and adopted, this 28th day of February, 1978. /s/ R. L. Norsworthy, Mayor Attest: /s/ Roy L. Inman, City Manager (Seal). Certification. I, Roy L. Inman, do hereby certify that I am the City Manager of the City of Griffin and serve as Secretary to the Board of City Commissioners and I do further certify that the enclosed Resolution to amend Section 2.16 of the Charter of the City of Griffin so as to increase compensation of each member of the Board of Commissioners to become effective after the taking of office of Commissioner elected at the next regular municipal election, was duly passed by the Board of City Commissioners at regular meeting held February 28, 1978 after having been appropriately publicized in the Griffin Daily News. /s/ Roy L. Inman, City Manager and Secretary to Board of City Commissioners /s/ Joyce H. Cochran Witness This 17th day of March, 1978.

Page 4857

Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths Leon Woodle who, upon oath, says that he is the duly authorized agent of Quimby Melton, Jr., and that the said Quimby Melton, Jr., is the publisher of a newspaper known as the Griffin Daily News, the official newspaper of Spalding County, Georgia, and certifies that the within notices of Home Rule Amendment were published in the Griffin Daily News on February 11th, February 18th and February 25th, 1978. This 16th day of March, 1978. /s/ Leon Woodle Affiant Sworn to and subscribed before me, this 16th day of March, 1978. /s/ Joan Jones Notary Public, Spalding County, Georgia. February 7, 1978 Griffin Daily News 328 East Solomon St. Griffin, Georgia 30223 Gentlemen: Please run the following Notice in the Griffin Daily News on February 11th, 18th and 25th, 1978: Notice is hereby given that the Board of City Commissioners of the City of Griffin at regular meeting 28 February 1978 will consider adoption of Resolution to amend Section 2.16 of the Charter of the City of Griffin so as to increase the compensation of each member of the Board of Commissioners to become effective after the taking of office of those elected at next regular municipal election. Thank you. Sincerely, Roy L. Inman, City Manager Filed in the Office of the Secretary of State March 20, 1978.

Page 4858

CITY OF GRIFFINDIRECTOR OF PUBLIC SAFETY. Ordinance No. 78-10 An Ordinance. An Ordinance to amend Section 4.5 Appointment of Director of Public Safety, Salary and Duties, Filling of Vacancy, to remove the office of director of public safety; to provide that the city manager shall appoint a chief of police and a fire chief as heads of the police department and fire department respectively; to provide that the chief of police and fire chief shall be subject to the authority of the Board of Commissioners and of the City Manager; to provide for the filling of vacancies; to repeal conflicting laws, charter and ordinance provisions; and for other purposes. Be it enacted by the Board of Commissioners of the City of Griffin, as follows: Section 1. Section 4.5 Appointment of Director of Public Safety, Salary and Duties, Filling of Vacancy of the Charter of the City of Griffin is hereby amended by striking the same in its entirety and substituting in lieu thereof a new Section 4.5 which shall read as follows: Section 4.5 Appointment of Chief of Police and Fire Chief; Salary and Duties; Filling of Vacancy. The City Manager shall appoint a chief of police and a fire chief. The chief of police shall be ex-officio marshal of said city, and shall have all authority and power of a marshal. Said chief of police and fire chief shall be required to give oath as prescribed by ordinance and shall receive such salary, as may be fixed by the commissioners. Said chief of police and fire chief shall be subject to the authority of the board of commissioners, and of the city manager. In case of vacancy for any cause in one or both offices, the city manager may designate a person to discharge the duties of said office until the vacancy is filled. The acting chief of police and fire chief shall receive the same salary as the chief of police and fire chief. Section 2. All laws, charter and ordinance provisions in conflict herewith are hereby repealed. First Reading: July 25, 1978 Second Reading: August 8, 1978

Page 4859

Georgia, Spalding County. Resolution. BE IT RESOLVED by the Board of Commissioners of the City of Griffin that the City Manager cause notice to be published in the Griffin Daily News once a week for three (3) weeks that the attached proposed Home Rule Amendment to the Charter of the City of Griffin will be considered by the Board of Commissioners at the regular City Commission meetings of July 27, 1978 and August 10, 1978, respectively. This 5th day of July, 1978. /s/ R. L. Norsworthy, Mayor /s/ Roy L. Inman, City Manager Certification. I, Roy L. Inman, do hereby certify that I am the City Manager of the City of Griffin and serve as Secretary to the Board of City Commissioners and I do further certify that the enclosed Home Rule Ordinance to amend Section 4.5 of the Charter of the City of Griffin so as to abolish the office of Director of Public Safety, was duly passed by the Board of City Commissioners at regular meetings held July 25 and August 8, 1978 after having appropriately publicized in the Griffin Daily News. This 21st day of August, 1978. /s/ Roy L. Inman, City Manager and Secretary to Board of City Commissioners /s/ Joyce H. Cochran Witness

Page 4860

Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Quimby Melton, Jr., who, upon oath, says that he is the publisher of a newspaper known as the Griffin Daily News, and the official newspaper of Spalding County, Georgia, and certifies that the within notice of Home Rule Amendment, pertaining to appointment of director of public safety, generally was published in said newspaper on July 8, July 15, and July 22, 1978. This is 25th day of July, 1978. /s/ Quimby Melton, Jr. Sworn to and subscribed before me, this 25th day of July, 1978. /s/ Joan Jones Notary Public, Spalding County, Ga. Notice. Please take notice that pursuant to The Municipal Home Rule Act of 1965 (Georgia Code Sections 69-1015 through 69-1020) the Board of Commissioners of the City of Griffin will consider at the regular City Commission meetings of July 27, 1978 and August 10, 1978, a proposed ordinance to amend the Municipal Charter of the City of Griffin, as follows: To amend Section 4.5 Appointment of Director of Public Safety, Salary and Duties, Filling of Vacancy, to remove the office of director of public safety; to provide that the city manager shall appoint a chief of police and a fire chief as heads of the police department and fire department respectively; to provide that the chief of police and fire chief shall be subject to the authority of the Board of Commissioners and of the City Manager; to provide for the filling of vacancies; to repeal conflicting laws, charter and ordinance provisions; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of the Board of Commissioners of the City of Griffin (City Manager) at City Hall and in the office of the Clerk of the Superior

Page 4861

Court of Spalding County, Georgia, at the Courthouse and may be examined and inspected by the public at either place. The City Manager shall furnish anyone, upon written request, a copy of the proposed amendment. Ordered published by resolution regularly adopted this 5th day of July, 1978, by the Board of Commissioners of the City of Griffin. City of Griffin, Georgia /s/ R. L. Norsworthy, Mayor Attest: /s/ Roy L. Inman, City Manager /s/ Robert H. Smalley, Jr. City Attorney. An Ordinance. An Ordinance to amend Section 4.5 Appointment of Director of Public Safety, Salary and Duties, Filling of Vacancy, to remove the office of director of public safety; to provide that the city manager shall appoint a chief of police and a fire chief as heads of the police department and fire department respectively; to provide that the chief of police and fire chief shall be subject to the authority of the Board of Commissioners and of the City Manager; to provide for the filling of vacancies; to repeal conflicting laws, charter and ordinance provisions; and for other purposes. Be it enacted by the Board of Commissioners of the City of Griffin, as follows: Section 1. Section 4.5 Appointment of Director of Public Safety, Salary and Duties, Filling of Vacancy of the Charter of the City of Griffin is hereby amended by striking the same in its entirety and substituting in lieu thereof a new Section 4.5 which shall read as follows: Section 4.5 Appointment of Chief of Police and Fire Chief; Salary

Page 4862

and Duties; Filling of Vacancy. The City Manager shall appoint a chief of police and a fire chief. The chief of police shall be ex-officio marshal of [SIC] attached proposed Home Rule Amendment to the Charter of the City of Griffin will be considered by the Board of Commissioners at the regular City Commission meetings of July 27, 1978 and August 10, 1978, respectively. This 5th day of July, 1978 /s/ R. L. Norsworthy Mayor /s/ Roy L. Inman City Manager Filed in the Office of the Secretary of State August 23, 1978. CITY OF GRIFFINCOMMISSIONERS, ELECTION AND QUALIFICATION. Ordinance No. 78-17 An Ordinance. An Ordinance to amend Section 2.2 Qualification and election of Commissioner generally of the Charter of the City of Griffin to change the dates of registration of qualified persons who intend to offer for election as a member of the Board of City Commissioners; to repeal conflicting laws, charter and ordinance provisions; and for other purposes. Be it enacted by the Board of Commissioners of the City of Griffin, as follows: Section 1. Section 2.2 Qualification and election of Commissioner generally of the Charter of the City of Griffin is hereby amended by striking subparagraph (b) in its entirety and substituting in lieu therefor a new subparagraph (b) which shall read as follows: (b) Any person qualified under (a) above, who intends to offer for election as a member of the Board of City Commissioners must so indicate that intention by registering as such candidate and signing an

Page 4863

oath that he is qualified under this section, in the Office of City Manager at the City Hall, not later than 12:00 noon twenty-two (22) days prior to the election but not more than fifty-two (52) days prior to the election in the case of a general election and not later than 12:00 noon fifteen (15) days but not more than thirty (30) days prior to the election in the case of a special election in which he proposes to be a candidate. Section 2. All laws, charter and ordinance provisions in conflict herewith are hereby repealed. First Reading: October 10, 1978 Second Reading: October 24, 1978 Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Quimby Melton, Jr., who, upon oath, says that he is the publisher of a newspaper known as the Griffin Daily News, and the official newspaper of Spalding County, Georgia, and certifies that the within notice of Home Rule Amendment generally was published in said newspaper on September 22, 1978, September 29, 1978 and October 6, 1978. This 2nd day of October, 1978. /s/ Quimby Melton, Jr. Sworn to and subscribed before me, this 2nd day of October, 1978. /s/ Betty N. McKneely Notary Public. Notice. Please take notice that pursuant to The Municipal Home Rule Act of 1965 (Georgia Code Sections 69-1015 through 69-1020) the Board of Commissioners of the City of Griffin will consider at the regular city commission meetings of October 10, 1978 and October 24, 1978, a proposed ordinance to amend the Municipal Charter of the City of Griffin, as follows:

Page 4864

To amend Section 2.2 Qualification and election of Commissioner generally of the Charter of the City of Griffin to change the dates of registration of qualified persons who intend to offer for election as a member of the Board of City Commissioners; to repeal conflicting laws, charter and ordinance provisions, and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of the Board of Commissioners of the City of Griffin (City Manager) at City Hall and in the office of the Clerk of the Superior Court of Spalding County, Georgia, at the Courthouse and may be examined and inspected by the public at either place. The City Manager shall furnish anyone, upon written request, a copy of the proposed amendment. Ordered published by resolution regularly adopted this 12th day of September, 1978, by the Board of Commissioners of the City of Griffin. City of Griffin, Georgia /s/ R. L. Norsworthy Mayor Attest: /s/ Roy L. Inman City Manager /s/ Robert H. Smalley, Jr. City Attorney Georgia, Spalding County. Resolution. BE IT RESOLVED by the Board of Commissioners of the City of Griffin that the City Manager cause notice to be published in the Griffin Daily News once a week for three (3) weeks that the attached proposed Home Rule Amendment to the Charter of the City will be

Page 4865

considered by the Board of Commissioners at the regular city commission meetings of October 10 and October 24, 1978, respectively. /s/ R. L. Norsworthy Mayor Attest: /s/ Roy L. Inman City Manager Georgia, Spalding County. Resolution. BE IT RESOLVED by the Board of Commissioners of the City of Griffin that the City Manager cause notice to be published in the Griffin Daily News once a week for three (3) weeks that the attached proposed Home Rule Amendment to the Charter of the City of Griffin will be considered by the Board of Commissioners at the regular City Commission meetings of October 10 and October 24, 1978, respectively. /s/ R. L. Norsworthy Mayor Attest: /s/ Roy L. Inman City Manager Certification. I, Roy L. Inman, do hereby certify that I am the City Manager of the City of Griffin and serve as Secretary to the Board of City Commissioners and I do further certify that the enclosed Home Rule Ordinance to amend Sec. 2.2 Qualification and election of Commissioner generally of the Charter of the City of Griffin was duly passed by the Board of Commissioners at regular meetings held October 10, 1978 and October 24, 1978 after having been appropriately advertised in the Griffin Daily News. /s/ Roy L. Inman City Manager and Secretary to the Board of Griffin City Commissioners

Page 4866

Sworn to and subscribed before me, this 27th day of October, 1978. /s/ Joyce H. Cochran Notary Public, Spalding County, Georgia. Filed in the Office of the Secretary of State November 2, 1978. CITY OF GRIFFINAPPOINTIVE OFFICERS AND EMPLOYEES. Ordinance No. 78-18 An Ordinance. An Ordinance to amend Chapter 3 Retirement System of Title IV Appointive Officers and Employees of the Charter of the City of Griffin; to amend Section 4.17 Qualifications for retirement; when retirement required to provide that an employee may retire at age sixty-five (65) years after a service of as much as ten years; to provide that the mandatory retirement age for all employees shall be age seventy (70); to amend Section 4.18 Retirement benefit subparagraph 1(a) to provide that normal retirement age shall be age sixty-five (65) and subparagraph (2) to provide that a member who retires after normal retirement age shall receive an annual retirement benefit; to amend Section 4.24 Contributions by city so as to exclude overtime pay and longevity pay from the definition of the then current total payroll of the City upon which the City's contribution to the Retirement System is based; to repeal conflicting laws, charter and ordinance provisions; and for other purposes. Be it ordained by the Board of Commissioners of the City of Griffin and it is hereby ordained by authority of the same as follows: Section 1. Section 4.17 Qualifications for retirement; when retirement required of Chapter 3 Retirement System of Title IV Appointive Officers and Employees of the Charter of the City of Griffin is hereby amended by striking the phrase the mandatory retirement age as hereinafter defined from the first paragraph thereof and inserting in lieu thereof the phrase age sixty-five (65) years and by striking in its entirety the second paragraph thereof which reads Every employee shall retire not later than the date on

Page 4867

which he attains sixty-five (65) years of age. and inserting in lieu thereof the paragraph Every employee shall retire not later than the date on which he attains seventy (70) years of age. so that when so amended, Section 4.17 shall read as follows: Section 4.17. Qualifications for retirement; when retirement required. Any employee, complying with the terms of this chapter and the ordinance passed in pursuance thereof, who was in the regular employ of said city at the time of the passage of this chapter (March 27, 1941), and all employees hereafter regularly employed by said city, may retire from active service after a service in the employ of said city of twenty-five (25) years and having reached the age of fifty-five (55) years, except that an employee reaching normal retirement age may retire from active service after a service in the employ of the city of as much as ten years. Every employee shall retire not later than the date on which he attains seventy (70) years of age. Section 2. Subparagraph 1(a) of Section 4.18 Retirement benefit of Chapter 3 Retirement System of Title IV Appointive Officers and Employees of the Charter of the City of Griffin is hereby amended by striking therefrom the phrase the same as the mandatory retirement age set forth in Section 4.17 and inserting in lieu thereof the phrase age sixty-five (65). so that when amended, subparagraph 1(a) shall read as follows: (1) Definitions (a) Normal retirement age is age sixty-five (65). Section 3. Subparagraph (2) of Section 4.18 Retirement benefit of Chapter 3 Retirement System of Title IV Appointive Officers and Employees of the Charter of the City of Griffin is hereby amended by adding to the first sentence the words or after so that when so amended, subparagraph (2) shall read as follows: (2) A member who retires at or after the normal retirement age shall receive an annual retirement benefit, which shall nevertheless be paid monthly, equal to one per cent (1%) of his final average earnings up to the amount of his annual basic compensation plus two per cent (2%) of his final average earnings in excess of his annual basic

Page 4868

compensation times the number of years of service with the city allowing fractional credit for completed months. Section 4. Section 4.24 Contributions by city of Chapter 3 Retirement System of Title IV Appointive Officers and Employees of the Charter of the City of Griffin is hereby amended by adding thereto the phrase but not including overtime pay or longevity pay so that when amended, Section 4.24 shall read as follows: Section 4.24. Contributions by city. The board of commissioners of the City of Griffin shall appropriate to said fund annually a sum equal to one and one-half (1 ) per cent of the then current total payroll of the city, but not including overtime pay or longevity pay, or such larger amount as is necessary to carry out the provisions of this Chapter, said amount to be appropriated and paid out of the general funds of said city or in the discretion of the board of commissioners raised by an additional ad valorem tax levied and collected for that purpose as other taxes are levied and collected. Section 5. All laws, charter and ordinance provisions in conflict herewith are hereby repealed. First Reading: October 10, 1978 Second Reading: October 24, 1978 Notice. Please take notice that pursuant to The Municipal Home Rule Act of 1965 as amended (Georgia Code Sections 69-1015 through 69-1020), the Board of Commissioners of the City of Griffin will consider at the regular City Commission meetings of October 10 and October 24, a proposed ordinance to amend the Municipal Charter of the City of Griffin as follows: To amend Chapter 3 Retirement System of Title IV Appointive Officers and Employees of the Charter of the City of Griffin, to amend Section 4.17 Qualifications for retirement; when retirement required to provide that an employee may retire at age sixty-five (65) years after a service of as much as ten years; to provide that the mandatory retirement age for all employees shall be age seventy (70); to amend Section 4.18 Retirement benefit subparagraph 1(a) to

Page 4869

provide that normal retirement age shall be age sixty-five (65) and subparagraph (2) to provide that a member who retires after normal retirement age shall receive an annual retirement benefit; to amend Section 4.24 Contributions by city so as to exclude overtime pay and longevity pay from the definition of the then current total payroll of the City upon which the City's contribution to the Retirement System is based; to repeal conflicting laws, charter and ordinance provisions; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of the Board of Commissioners of the City of Griffin (City Manager) at City Hall and in the office of the Clerk of the Superior Court of Spalding County, Georgia at the Courthouse and may be examined and inspected by the public at either place. The City Manager shall furnish anyone, upon written request, a copy of the proposed amendment. Ordered published by resolution regularly adopted this 12th day of September, 1978, by the Board of Commissioners of the City of Griffin. City of Griffin, Georgia /s/ R. L. Norsworthy Mayor Attest: /s/ Roy L. Inman City Manager /s/ Robert H. Smalley, Jr. City Attorney Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Quimby Melton, Jr., who, upon oath, says that he is the publisher of a newspaper known as the Griffin Daily News, and the official newspaper of Spalding County, Georgia, and certifies that the within notice of Home Rule Amendment pertaining to mandatory retirement age, years of service and contributions by

Page 4870

City was published in said newspaper on September 15, September 22, and September 29, 1978. This 29th day of September, 1978. /s/ Quimby Melton, Jr. Publisher Griffin Daily News Sworn to and subscribed before me, this 30th day of September, 1978. /s/ Betty N. McKneely Notary Public. Certification. I, Roy L. Inman, do hereby certify that I am the City Manager of the City of Griffin and serve as Secretary to the Board of City Commissioners and I do further certify that the enclosed Home Rule Ordinance to amend Chapter 3 Retirement System of the Charter of the City of Griffin was duly passed by the Board of Commissioners at regular meetings held October 10, 1978 and October 24, 1978 after having been appropriately advertised in the Griffin Daily News. /s/ Roy L. Inman, City Manager and Secretary to Board of Griffin City Commissioners Sworn to and subscribed before me, this 27th day of October, 1978. /s/ Joyce H. Cochran Notary Public, Spalding County, Georgia. Filed in the Office of the Secretary of State November 2, 1978.

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CITY OF LYONSCHARTER AMENDEDMISCELLANEOUS CHANGES An Ordinance An ordinance adopted under the provisions of the Municipal Home Rule Act of 1964, as amended, amending the Charter of the City of Lyons, Georgia, approved August 7, 1907, (Ga. L. 1907, p. 765) as amended, so as to provide for compensation for the mayor; to provide for compensation for the recorder; to provide for the maximum amount of fine and/or punishment for contempt to be levied by the recorder; to provide for compensation for members of the city council; to provide for the maximum amount of fine and/or punishment for any offense to be levied by the recorder; to provide for repeal of conflicting laws; to provide for severability; and for other purposes. Be it ordained by the City Council of the City of Lyons as follows: SECTION 1. Said Charter is amended by striking from Section 14, as amended the words not to exceed $1200.00 per year and substituting in lieu thereof the words not to exceed $300.00 per month. When so amended Section 14 shall read as follows: Section 14. That the mayor shall receive a salary to be fixed by the council not to exceed $300.00 per month, plus any actual expenses to which he may be placed by reason of holding said office as mayor of the City of Lyons; he shall be the chief executive officer of said city and shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police forces of said city and may appoint special officers whenever he may deem it necessary for the protection of persons or property, and for the preservation of the peace and good order of said city. He shall preside at all meetings of the city council and shall have the veto power, and may veto any ordinance, order, or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four councilmen on a yea and nay vote duly recorded in the minutes of said council, provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and

Page 4872

file it with the city clerk within four days after the passage of the measure vetoed. SECTION 2. Said Charter is further amended by striking from Section 14A the words $10.00 per week and substituting in lieu thereof the words not more than $100.00 per month; and by striking the figure $25.00 and substituting in lieu thereof the figure $100.00. When so amended Section 14A shall read as follows: Section 14A. The city council shall elect a recorder to preside over what shall be denominated as recorder's court, and said recorder shall be paid the sum of not more than $100.00 per month for so presiding, and shall have all powers heretofore conferred upon or given to the mayor to punish for contempt, both before the city council and before said mayor's or recorder's court, by a fine not exceeding $100.00, or imprisonment in the city prison, either or both, in the discretion of said recorder. In the absence or disqualification of said recorder, the mayor, mayor pro tempore, or any member of council, shall be authorized under this enactment to preside in the place of said recorder with full, complete and ample power to do anything that said recorder may have the right to do. All bonds shall be approved by the recorder. SECTION 3. Said Charter is further amended by striking Section 14C in its entirety and substituting in lieu thereof a new Section 14C, to read as follows: Section 14C. The members of the city council elected and serving as herein provided shall be paid the sum of $100.00 per month. SECTION 4. Said Charter is further amended by striking from Section 15, as amended, the figure $200.00 and substituting in lieu thereof the figure $300.00. When so amended Section 15 shall read as follows: Section 15. There shall be a recorder's court in said city for the trial of all offenders against the laws and ordinances of said city, to

Page 4873

be held by the Recorder as often as necessary at the office of said Recorder, or, in his discretion, in the city hall of said city. Said court shall have the power to preserve order and punish for contempt. Said court is hereby empowered to compel the attendance of witnesses, may rule for contempt, and may punish witnesses for failure to obey the mandates, and subpoenas of the court. Said court shall be authorized and empowered to punish for violations of the laws and ordinances of said city by imprisonment in the city prison for a period not exceeding sixty days; by compelling the defendant, or offender, to labor upon the streets of said city for a period of not longer than sixty days; by a fine not exceeding $300.00 and the costs of the court, which fine may be collected by execution, and by any one or more of these punishments, in the court's discretion. Any one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said court. In the absence or disqualification of said recorder, the mayor, mayor pro tempore, or any member of council, shall be authorized to preside in the place of said recorder with full, complete and ample power to do anything that said recorder may have the right to do. All bonds shall be approved by the recorder. All authority formerly vested in the mayor's court shall henceforth be vested in the recorder's court, and any references elsewhere in the Charter, or laws of the City of Lyons, to the mayor's court or the duties of the mayor in connection with said court shall henceforth apply to the recorder's court and the recorder. SECTION 5. All laws and parts of laws in conflict with this Act are hereby repealed. SECTION 6. In the event any article, section, subsection, sentence, clause, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections, subsections, clauses, or phrases of this Act, which shall remain of full force and effect, as if the article, section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The City Council hereby declares that it would have passed the remaining parts of this

Page 4874

ordinance if it had known that such part or parts would be declared or adjudged invalid or unconstitutional. Approved: /s/ W. T. Aiken Mayor /s/ J. Sims Alexander Council Member /s/ Marion V. Durden Council Member /s/ L. Howard Sharpe Council Member /s/ Thomas B. Clift, Jr. Council Member Adopted January 3, 1978. Final Adoption February 7, 1978. I do hereby certify that the above is a true and correct copy of an ordinance to amend the City Charter of the City of Lyons, Georgia, finally adopted on the date shown above. This 7th day of February, 1978. /s/ Jackie K. Alexander City Clerk Legal Notice Notice is hereby given that there has been filed with the Clerk of the City of Lyons, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965, as amended, to amend the City Charter of the City of Lyons, approved August 7, 1907, (Ga. L. 1907, p. 765) as amended, so as to provide for compensation for the mayor; to provide for compensation for the recorder; to provide for the maximum amount of fine and/or punishment for contempt to be levied by the recorder; to provide for compensation for members of the city council; to provide for the maximum amount of fine and/or punishment for any offense to be levied by the recorder; to provide for repeal of conflicting laws; to provide for severability; and for other purposes.

Page 4875

A copy of said proposed amendments is on file in the office of the Clerk of the City of Lyons, and in the office of the Clerk of Superior Court of Toombs County for the purpose of examination and inspection by the public. This 3rd day of January, 1978. /s/ Jackie K. Alexander City Clerk Affidavit Georgia, Toombs County. Before me an officer authorized by law to administer oaths personally appeared the undersigned, who after being duly sworn does depose and say: I am the Editor of the Lyons Progress, a newspaper of general circulation in Lyons, Georgia, and the preceeding Legal Notice was published in said newspaper on January 19, 1978, January 26, 1978, and February 2, 1978. /s/ Harold Rhoden Sworn to and subscribed before me, this 2nd day of February, 1978. /s/ Alvin L. Layne Notary Public. My Commission Expires October 24, 1978. Filed in the Office of the Secretary of State February 9, 1978. CITY OF MARIETTATRAVEL EXPENSES. An ordinance to provide for the amendment of the Charter of the City of Marietta, Georgia; to provide for the amendment of Section 2.12 of the Charter of the City of Marietta, Georgia so as to define travel and other expenses by the mayor and members of the Council of the City of Marietta, Georgia for travel without the corporate limits of the City of Marietta. To provide the advertisement for the

Page 4876

same, to repeal conflicting ordinances, to provide for the filing of the ordinance with the Secretary of State and the Clerk of the Superior Court of Cobb County, and for other purposes. BE IT ORDAINED by the Council of the City of Marietta, Georgia, and it is hereby ordained by the authority of the same as follows: 1. The last sentence of Section 2.12 of the Charter of the City of Marietta, Georgia is hereby deleted in its entirety and inserting therein is the following: In addition to the amounts described in this Paragraph, each member of the Council shall receive reasonable expenses and expenditures for travel without the corporate limits of the City of Marietta on business beneficial to the City. Such payments shall be made as follows: (a) Payment for registration in any conference, seminar, gathering, or other meeting beneficial to the interest of the City; and (b) Costs for lodging either in the form of direct payment by the City to the establishment furnishing such lodging, or as a cash advance to the member of the Council of the purpose of lodging; and (c) Costs for transportation to and from the conference, seminar, gathering, meeting or other travel without the City. Provided however, should any member of the Council utilize his or her personal vehicle as transportation, such member shall be entitled for payment at the rate of $.15 per mile for travel by the most direct route to and from the City; and (d) A per diem expense of $35.00 per day. Each member of the council shall have a specific amount included in the budget of the City of Marietta for travel purposes for the entire fiscal year, and no amount shall be paid in excess of the budgeted amount. 2. This Ordinance shall be considered by the Council of the City of Marietta on July 12, 1978 at 7:00 p.m. and on August 9, 1978 at 7:00 p.m. in the Police Hearing Room, Lawrence Street, Marietta, Georgia.

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3. BE IT FURTHER ORDAINED that a notice describing a synopsis of this Ordinance shall be placed in the County organ of Cobb County once a week for four (4) weeks immediately preceding the passage of this Ordinance on August 9, 1978. 4. BE IT FURTHER ORDAINED that copies of this proposed amendment shall be on file in the Office of the Clerk of the City of Marietta, 36 Atlanta Street, Marietta, Georgia, and the Office of the Clerk of the Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia, and copies shall be available to any person wishing to receive a copy of the said amendment by applying in writing to the above described offices. 5. BE IT FURTHER ORDAINED that all acts and parts of acts or ordinances which are in conflict with this Ordinance are hereby repealed. 6. BE IT FURTHER ORDAINED that should this amendment be approved by a majority of the Council of the City of Marietta, a duly certified copy shall be submitted to the Secretary of State and Clerk of the Superior Court of Cobb County, accompanied by the Affidavit of the duly authorized representative of the newspaper in which such notice was published to the effect that such notice has been published as provided by law. 7. BE IT FURTHER ORDAINED that the City Clerk is hereby directed to advertise the following notice in the County organ of Cobb County, a newspaper of general circulation within the corporate limits of the City of Marietta, Georgia for four (4) weeks immediately preceding the passage of this Ordinance on August 9, 1978 the following: NOTICE Notice is hereby given that the Council of the City of Marietta, Georgia shall consider on July 12, 1978 beginning at 7:00 p.m. and on August 9, 1978 beginning at 7:00 p.m. in the Police Building Meeting Room, Lawrence Street, Marietta, Georgia, a change to the Charter of the City of Marieta (1977 Ga, Laws 3541 et seq.) to allow the setting of travel and other expenses for members of the Council without the corporate limits of the City of Marietta, Georgia. Copies of the proposed amendments are on file in the Office of the Clerk of

Page 4878

the City of Marietta, 36 Atlanta Street, Marietta, Georgia, and also in the Office of the Clerk of the Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia. Any person wishing to receive a copy of said amendments should apply in writing to the above described offices. All interested persons are invited to attend. Ordained, this 14th day of June, 1978. Ordinance passed for the first time July 12, 1978 by a vote of 6 Ayes, 0 Nays. Ordinance passed for the second time August 9, 1978, 6 Ayes, 0 Nays. /s/ J. Dana Eastham Mayor Attest: /s/ Barbara M. Goscha City Clerk Approved as to form: /s/ Roy E. Barnes City Attorney Clerk's Certification City of Marietta. Georgia, Cobb County. I, Barbara M. Goscha, do hereby certify that I am Clerk for the City of Marietta, Georgia and keeper of the records of said municipality, and as such, do certify that the attached Ordinance No. 3399, amending Section 2.12 of the City of Marietta Charter, is a true and correct copy as same appears of record as approved by the Governing Body in regular meetings held on July 12, 1978, and August 9, 1978.

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Witness my hand and seal of this office this 10th day of August, 1978. /s/ Barbara M. Goscha City Clerk City of Marietta. Notice Notice is hereby given that the Council of the City of Marietta, Georgia shall consider on July 12, 1978 beginning at 7:00 p.m. and on August 9, 1978 beginning at 7:00 p.m. in the Police Building Meeting Room, Lawrence Street, Marietta, Georgia, a change to the charter of the City of Marietta (1977 Ga. Laws 3541 et seq.) to allow the setting of travel and other expenses for members of the Council without the corporate limits of the City of Marietta, Georgia. Copies of the proposed amendments are on file in the Office of the Clerk of the City of Marietta, Georgia, 36 Atlanta Street, Marietta, Georgia, and also in the Office of the Clerk of the Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia. Any person wishing to receive a copy of said amendments should apply in writing to the above described offices. All interested persons are invited to attend. Ordained, this 14th day of June, 1978. /s/ Barbara M. Goscha City Clerk City of Marietta. Georgia, Cobb County. I, Carl McNeil holding the position of Comptroller, the official gazette for the legal advertisements in Cobb County, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal on the following dates: Friday, June 23, 1978; Friday, June 30, 1978; Friday, July 7, 1978; Friday, July 21, 1978; Friday, July 28, 1978; August 4, 1978. /s/ Carl McNeil

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Sworn to and subscribed before me, this 9th day of August, 1978. /s/ Thelma Richards Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1979. Filed in the Office of the Secretary of State August 18, 1978. CITY OF PEARSONSALARIES. Let it be enacted and ordained that the City Charter of the City of Pearson of the City of Pearson, Article II, Section 2-09, Compensation of Expenses, be amended pursuant to Georgia Code Section 69-1017 to read as follows: The Mayor and Council may in its discretion determine the salary of the Mayor and Councilmen by Ordinance, provided, however, that no raise in salary shall be effective until the first Regular Council Meeting in January after the next succeeding election. Each Councilman and the Mayor, when authorized by the Mayor and Council and upon presentation of itemized vouchers shall receive his actual and necessary expenses incurred in performance of his duties of office. I hereby certify that the above is a true and correct copy of Ordinance amending Article II, Section 2-09, City Charter as adopted by Mayor and Council of City of Pearson; and further certify that a copy of the same has been filed with the Clerk of Superior Court, Atkinson County, Georgia. This the 27th day of February, 1978. /s/ Trude Armstrong Notary Public. Georgia, Atkinson County. To All Whom It May Concern: EXHIBIT A At the regular meeting of the Mayor and City Council of the City

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of Pearson, Georgia, held on January 10, 1978, an ordinance was introduced to amend the charter of the City of Pearson, Article II: City Government; Section 2.09Compensation of Expenses. Section 2.09 presently reads as follows: The Mayor and Council may in its discretion determine the salary of the Mayor and Councilmen by ordinance provided, however, that no raise in salary shall be effective until the first regular Council meeting in January after the next succeeding election. The salary for Mayor shall in no case be more than One Hundred ($100.00) Dollars per month and the salary for each Councilman shall in no case be more than Twenty-five ($25.00) Dollars, per month. Each Councilman and the Mayor, when authorized by the Mayor and Council and upon presentation of itemized vouchers shall receive his actual and necessary expenses incurred in performance of his duties of office. The Section 2.09 as amended will read as follows: The Mayor and Council may in its discretion determine the salary of the Mayor and Councilmen by ordinance, provided, however, that no raise in salary shall be effective until the first regular Council meeting in January after the next succeeding election. Each Councilman and the Mayor, when authorized by the Mayor and Council and upon presentation of itemized vouchers shall receive his actual and necessary expenses incurred in the performance of his duties of office. A copy of the proposed amendment is on file in the office of the Clerk of the City of Pearson, Georgia, and in the office of the Clerk of the Superior Court of Atkinson County, Georgia, for the purpose of examination and inspection by the public. This notice is published for three (3) consecutive weeks prior to the final adoption of said ordinance pursuant to Georgia Code Section 69-1017. The City of Pearson Georgia, Atkinson County. Comes now Norma Jean Smith, who is the Editor of the Atkinson

Page 4882

County Citizen, the official organ of Atkinson County, Georgia, and a newspaper of general circulation; Who on Oath says and deposes that the notice attached hereto marked Exhibit A was published once a week for three consecutive weeks in the said Atkinson County Citizen as provided by Georgia Code 69-1017 (b) (1). This the 24th day of February, 1978. /s/ Norma Jean Smith Editor Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Trude Armstrong Notary Public. Filed in the Office of the Secretary of State March 2, 1978. CITY OF ROMEEMPLOYEES' RETIREMENT. An ordinance (enacted pursuant to Georgia Laws 1965, Pages 298, 299; 1966, page 296; 1976, Page 1429.) To amend Sections 86, [Ga. Laws 1943, Act. No. 85, 3; Ga. Laws 1949, Act No. 502, 1; Ga. Laws 1953, Act No. 599, 1, 2; Ga. Laws 1964, Act No. 540, 1, 2: Ga. Laws 1965, Act No. 80, 3]; 94, [Ga. Laws 1943, Act. No. 85, 11; Ga. Laws 1945, Act No. 98, 1; Ga. Laws 1949, Act No. 502, 2; Ga. Laws 1953, Act No. 598, 1; Ga. Laws 1958, Act No. 425, 1]; 95, [Ga. Laws 1943, Act No. 85, 12; Ga. Laws 1949, Act No. 502, 3; Ga. Laws 1953, Act No. 282, 1, 2; Ga. Laws 1955, Act No. 311, 1, 2; Ga. Laws 1956, Act No. 311, 1; Ga. Laws 1964, Act No. 530 3; Ga. Laws 1965, Act No. 80, 1]; 96, [Ga. Laws 1943, Act No. 85, 13; Ga. Laws 1953, Act No. 520, 2; Ga. Laws 1965, Act No. 80, 2]; and to repeal 98, [Ga. Laws 1943, Act No. 85, 15]; and 98.1 [Ga. Laws 1961, Act No. 452, 1] of the charter of the City of Rome, Georgia, to provide that the contribution of the employees of the City of Rome to the retirement fund shall be two percent of the regular monthly salary and the City of Rome's contribution to the retirement fund shall be five percent of the total regular payroll of the participating employees' salaries; to

Page 4883

provide for retirement at age sixty or at age fifty-five with ten years service or at the mandatory retirement age or, with respect to employees hired prior to April 1, 1958, at age fifty with twenty-five years of service; to provide retirement benefits in the amount of three quarters of one percent of the employees' final five year average regular monthly salary multiplied by the number of years qualified service with the City of Rome; to provide for payment of simple interest at the rate of five percent on contributions to an employee who leaves the employ of the City of Rome prior to retirement or who dies while in the employ of the City of Rome without having received his total contribution; to provide for vesting of employee contributions in one hundred (100) percent of said contributions and to provide for vesting in fifty percent of that portion of his accrued benefit funded by employer contributions after ten years service with additional ten percent amounts being added each additional year until full vesting after fifteen years service; to provide for joint and survivor retirement option benefits; to repeal conflicting provisions; and for other purposes. Section I: Be it ordained by the Rome City Commission and it is ordained by authority of the same, that Section 86 of the Charter of the City of Rome, Georgia, be, and the same is hereby amended by striking the same in its entirety and substituting in lieu thereof the following: Section 86. Retirement Contributions. From and after January 1, 1978, the City of Rome, by and through its City Commission, shall levy upon the regular monthly salary, as herein defined, of each and every regular monthly-salaried employee of said city who is a participant in said system of retirement and subject to the provisions hereof, an assessment of two (2) per centum of such regular monthly salaries, which assessment shall be deducted each month from the salary of each regular monthly-salaried employee and paid to the secretary of the Board of Trustees created by this act, and which assessment shall represent the amount paid into said retrement system by each such employee. In like manner the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum of money equal to five (5) per centum of the total regular payroll of those employees participating in said system of retirement and subject to the provisions

Page 4884

hereof. Said contributions of the City of Rome shall be paid to said secretary of the Board of Trustees. All payments of money to said secretary of the Board of Trustees made under the provisions hereof shall constitute a retirement fund, and the same shall be disbursed as said Board of Trustees may direct according to the terms and provisions hereof. Employees making payments to said retirement fund, as provided herein, shall have only such interest in, or right to payment from, said retirement fund as expressly provided for herein. The term regular monthly salary shall mean the basic compensation paid to these employees who receive compensation based on a monthly salary excluding any bonus, overtime payment, or other additional, special, fringe, or supplemental compensation. The term regular monthly-salaried employee shall mean that employee who receives a regular monthly salary as defined above and who regularly works at least thirty (30) hours per week and at least five (5) continuous months per year. All contributions by the city and the amount levied on the employees' salaries shall constitute and become a part of the retirement fund, as set forth hereinbefore. Section II: Be it further ordained that Section 94 of the Charter of the City of Rome, Georgia be and the same is hereby amended by striking paragraph (a) and (1) thereof and substituting in lieu thereof the following: Section 94. Retirement eligibility. (a) With respect to persons hired by the City of Rome prior to April 1, 1958, each regular monthly-salaried employee of the City of Rome and while still in the employ of the City of Rome who: (1) has reached the age of sixty (60) years (Normal Retirement Age), or (2) has been a regular monthly-salaried employee of the City of Rome for an aggregate of twenty-five (25) years or more and has also attained the age of fifty (50) years (Special Retirement Age), or

Page 4885

(3) has been a regular monthly-salaried employee of the City of Rome for an aggregate of ten (10) years or more and has also attained the age of fifty-five (55) years (Early Retirement Age), or (4) has reached the Mandatory Retirement Age as hereinafter provided; shall be eligible for retirement under the benefits and provisions hereof. Provided, however, that any person who has been a regular monthly-salaried employee of the City of Rome for an aggregate of twenty-five years may become eligible to receive benefits under the act when he shall have reached the age of fifty years even though he may have left the employ of the City before he has attained the age of fifty years. (1) With respect to persons hired by the City of Rome after March 31, 1958, each such regular monthly-salaried employee of the City of Rome and while still in the employ of the City of Rome, who: (1) shall have attained the Normal Retirement Age, or (2) shall have attained the Early Retirement Age, or (3) shall have attained the Mandatory Retirement Age as hereinafter provided; shall be eligible for retirement under the benefits and provisions hereof. Section III: Be it still further ordained that Section 95 of the Charter of the City of Rome, Georgia be and the same is hereby amended by striking (a), (a)(1), (a)(2), (a)(3), (b), (b)(1), (c), (d), and (e) thereof and substituting in lieu thereof the following: (a) Upon attaining either Normal Retirement Age or Mandatory Retirement Age, each said employee shall have a nonforfeitable right to a monthly retirement benefit represented by the product of three-fourths ([UNK]) of one (1) per cent of the said employee's final five (5)

Page 4886

year average regular monthly salary multiplied by the number of years participation in the retirement fund (completed months to count as fractional portion of a year) as a regular monthly-salaried employee with the City of Rome. Said retirement benefit shall be paid monthly from said retirement fund for and during his natural life. (1) Upon attaining either Special Retirement Age or Early Retirement Age, each said employee shall have a nonforfeitable right to a reduced monthly retirement benefit which shall be the actuarial equivalent, as determined by the Board of Trustees, of the Value of his Normal Retirement Age benefit accrued to the date of actual retirement in accordance with the provisions herein. (2) Provided, however, that in no event shall any employee receive a retirement benefit less than that to which he would have been entitled under the system of retirement in effect prior to the amendment herein, at the same age of retirement and equivalent salary. (3) The retirement benefits of former employees of the City of Rome who have retired prior to January 1, 1978 and are now drawing benefits under this act shall not be affected or modified. (b) An employee who, while in the employ of the City of Rome, becomes totally and permanently disabled from any cause whatsoever to discharge his duties as such employee, and who has served at least five (5) years as an employee of the City of Rome next preceding the time of such disability and who is not otherwise eligible to retire under the provisions of this act, shall be retired and paid monthly for and during such disability, and from said retirement fund a monthly retirement benefit equal to his Normal Retirement Age benefit accrued to the date of his retirement as a result of said disability as herein provided. (c) Any employee (other than teachers and employees of the public school system of the City of Rome who elected to withdraw from the retirement fund prior to September 1st, 1965) who leaves the employ of the City of Rome after the effective date of this act and before he becomes eligible for retirement under the provisions of this act shall be refunded from the retirement fund one hundred (100) per centum of the total amount of money said employee shall have contributed

Page 4887

or paid into the retirement fund plus five (5) per cent simple interest per annum calculated from the dates of each such contribution. Said refund shall be made by the tenth day of the month next following the month in which said employee leaves the employ of the City of Rome. Provided, however, that any employee who leaves the service and employment of the City of Rome for any reason shall not receive, upon rehiring, credit for the time of his service represented by the receipt of his contribution and interest as provided hereinabove. Provided, further, however, that if said employee leaves the employ of the City of Rome as aforesaid, then at any applicable retirement date, said employee, if earned, would receive five-sevenths (5/7) of his Normal Retirement Age benefit accrued to the date he leaves the employ of the City of Rome. (d) Should an employee die while in the employ of the City of Rome without having received any actual cash payments from said retirement fund, said retirement fund shall pay to such employee's heirs at law, or to any person, firm or corporation designated by such employee in writing before his death, a sum equal to one hundred (100) per cent of the amount contributed to said retirement fund by the employee plus five (5) per cent simple interest per annum calculated from the date of each such contribution. (e) Should an employee retired under the provisions of this act die without having received in retirement benefits a sum equal to one hundred (100) per centum of the total amount he has paid into said retirement fund plus five (5) per cent simple interest per annum calculated from the date of each such contribution to the date of retirement, then the difference between such sum and the amount received therefrom by the employee in benefits, shall be paid in regular monthly installments, or in a lump sum, at the discretion of the trustees, to the heirs at law of said deceased employee, or to any person, firm, or corporation designated by him in writing before his death. Section IV: Be it still further ordained that Section 95 of the Charter of the City of Rome, Georgia be and the same is hereby amended by adding a paragraph (h) thereto as follows: (h)(1) An eligible employee may elect, or may revoke a previous election and make a new election, at any time not later than 30 days

Page 4888

prior to the date his retirement benefit is to commence (or within such 30 days, with the aproval of the board of trustees) to have his retirement benefit payable under the joint and survivor option hereinafter set forth, in lieu of the retirement benfit he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of the joint and survivor option shall be made in writing by the eligible employee and shall be filed with and acknowledged in writing by the Board of Trustees, in accordance with rules adopted by the Board of Trustees and uniformly applied. Revocation of a previous election and election of a new option shall be subject to the approval of the Board of Trustees. The date on which an option is to be made effective shall be stated in the written election and shall be changed only with the written consent of the Board of Trustees. (2) The amount of any optional retirement benefit set forth below shall be the actuarial equivalent of the amount of benefits that would otherwise be payable as a lifetime annuity to the eligible employee, and shall be a reduced monthly retirement benefit which shall be payable during the joint lifetime of the eligible employee and his joint annuitant, with a previously designated percentage (50%, 75%, or 100%) of the benefit amount continuing after the death of the eligible employee during the lifetime of the joint annuitant. (3) An eligible employee who elects the Joint and Survivor Option shall, on a form provided for that purpose, designate a person to receive the benefits which continue to be payable upon the death of said eligible employee. Such person shall be the joint annuitant of the eligible employee. The election by an eligible employee of the Joint and Survivor Option shall be null and void if either the eligible employee or his designated joint annuitant should die before benefits commence. The election by an eligible employee of the Joint and Survivor Option shall not be affected if his designated joint annuitant should die after benefits have commenced. The eligible employee shall continue to receive the reduced monthly benefit payable to him in accordance with the terms of the Joint and Survivor Option. Section V: Be it still further ordained that Section 95 of the Charter of the City of Rome, Georgia be and the same is hereby amended by adding a paragraph (i) thereto as follows:

Page 4889

(i)(1) Each employee, upon his separation from employment with the City of Rome shall be entitled to a sum equal to one hundred (100) per cent of the amount said employee contributed to said retirement fund plus five (5) per cent simple interest per annum on said contribution calculated from the date of each such contribution. (2) Each employee shall have a right to 50% of his accrued retirement benefits derived from the contributions of the City of Rome after ten (10) years service with the City of Rome, as a monthly-salaried employee, with an additional 10% amount being added for each additional complete year of service as a monthly-salaried employee beyond ten (10) with full vesting in the contribution of the City of Rome occurring after fifteen (15) years of said service. Provided, however, that the benefits attributable to contributions of the City of Rome shall not be paid to said employee until such time as he would have otherwise attained any of the applicable retirement dates. Section VI: Be it still further ordained that Section 96 of the Charter of the City of Rome, Georgia be and the same is hereby amended by adding two additional paragraphs thereto as follows: Provided, further, however, that any employee of the City of Rome, not otherwise covered by the terms and provisions of said retirement system as provided herein, may make a request, in writing, to the secretary of the Board of Trustees, to become subject to the provisions of said retirement system. Upon approval by a majority of the Board of Trustees, said employee shall become subject to the provisions of said retirement system beginning with the month next following said approval by the Board of Trustees. The employee however, shall not receive credit for past service with the City of Rome, but all retirement benefits shall accrue from the date of entry into the retirement system. Provided, still further, however, that any employee hired by the City of Rome after December 31, 1977, shall not be eligible to participate in the retirement fund until the beginning of the month next following completion of three (3) months of service, and in no event shall an employee hired after his attainment of age fifty-five (55), be eligible to participate in the retirement fund.

Page 4890

Section VII: Be it still further ordained that Section 98 of the Charter of the City of Rome, Georgia, be, and the same is hereby repealed in its entirety. Section VIII: Be it still further ordained that Section 98.1 of the Charter of the City of Rome, Georgia, be, and the same is hereby repealed in its entirety. Section IX: Be it still further ordained that all ordinances, or parts of ordinances in conflict herewith be, and the same are hereby repealed. Notice of Proposed Amendment to Change in the Charter of the City of Rome, Georgia Pursuant to Georgia Laws 1965, pages 298, 299, 303 (Ga. Code Ann. 6901017 and 69-1019) notice is hereby given that the Rome City Commission proposes to amend Sections 86, [Ga. Laws 1943, Act No. 85, 3; Ga. Laws 1949, Act No. 502, 1; Ga. Laws 1953, Act No. 599, 1, 2; Ga. Laws 1964, Act No. 540, 1, 2; Ga. Laws 1965, Act No. 80, 3]; 94, [Ga. Laws 1943, Act No. 85, 11; Ga. Laws 1945, Act No. 98, 1; Ga. Laws 1949, Act No. 502, Act No., 2; Ga. Laws 1953, Act No. 598, 1; Ga. Laws 1958, Act No. 425, 1]; 95, [Ga. Laws 1943, Act No. 85, 12; Ga. Laws 1949, Act No. 502, 3; Ga. Laws 1953, Act No. 282, 1, 2; Ga. Laws 1955, Act No. 311, 1, 2; Ga. Laws 1956, Act No. 311, 1; Ga. Laws 1964, Act No. 530, 3; Ga. Laws 1965, Act No. 80, 1]; 96, [Ga. Laws 1943, Act No. 85, 13; Ga. Laws 1953, Act No. 520, 2; Ga. Laws 1965, Act No. 80, 2]; and to repeal 98, [Ga. Laws 1943, Act No. 85, 15]; and 98.1 [Ga. Laws 1961, Act No. 452, 1] of the Charter of the City of Rome, Georgia, to provide that the contribution of the employees of the City of Rome to the retirement fund shall be two percent of the regular monthly salary and the City of Rome's contribution to the retirement fund shall be five percent of the total regular payroll of the participating employees' salaries; to provide for retirement at age sixty or at age fifty-five with ten years service or at the mandatory retirement age or, with respect to employees hired

Page 4891

prior to March 31, 1958, at age fifty with twenty-five years of service; to provide retirement benefits in the amount of three quarters of one percent of the employees' final five year average regular monthly salary multiplied by the number of years service with the City of Rome; to provide for payment of interest at the rate of five percent on contributions to employees who leave the employ of the City of Rome prior to retirement or who dies while in the employ of the City of Rome without having received his total contribution or who retires and dies without having received his total contribution; to provide for vesting of employee contributions in one hundred (100) percent of said contributions and to provide for vesting in fifty percent of employer contributions after ten years service with additional ten percent amounts being added each additional year until full vesting after fifteen years service; to provide for joint and survivor retirement option benefits; to repeal conflicting positions; and for other purposes. The Rome City Commission will consider and act upon the proposed amendment and change at its regular meetings on January 3, 1978 and January 17, 1978, with final adoption proposed for said January 17, 1978 meeting. A copy of the proposed amendment to the Charter is on file in the office of the Secretary of the Rome City Commission and in the office of the Clerk of the Superior Court of Floyd County, Georgia, all for the purpose of examination and inspection by the public. City of Rome, Georgia. By: Branson Gayler, Secretary, Rome City Commission Georgia, Floyd County. Affidavit I, B. H. Mooney, Jr., hold the position of Publisher with The Rome News-Tribune in Rome, Georgia, and I make this affidavit in this capacity. I certify that the notice run by the City of Rome giving notice of its intention to revise, by ordinance, its pension plan contained in the

Page 4892

city charter, was published in The Rome News-Tribune in accordance with the law applicable thereto on December 29, 1977, January 5 and 12, 1978. /s/ B. H. Mooney, Jr. Sworn to and subscribed before me, this 24th day of January, 1978. /s/ Jean Mullinax Notary Public, Floyd County, Georgia. Filed in the Office of the Secretary of State January 30, 1978. CITY OF SAVANNAHEMPLOYEES' RETIREMENT. An Ordinance. To amend the charter of the City of Savannah by amending the Pension Plan adopted and approved June 8, 1972, to provide benefits for employees employed on the effective date of the plan who participate in the plan but who will reach normal retirement date prior to completion of ten (10) years of credited service as provided in the plan; to provide benefits for employees after completion of 25 years or more of credited service; to repeal conflicting laws; 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, and after proper notice and advertisement in accordance with Georgia Code Annotated, Section 69-1017, that the Charter of the City of Savannah be amended by amending the Pension Plan adopted and approved June 8, 1972, as follows: Section 1. By adding to Article XI a new section E. Any general employee employed on the effective date of this plan who participates in the Plan but who will reach normal retirement date prior to completion of ten years of credited service as provided in the Plan shall upon retirement at age sixty-five (65) receive a monthly benefit computed as provided under Article VII B 1 (b) of

Page 4893

the Plan but such benefit shall be paid from the general fund of the City. Section 2. By adding to Article VII B 2 (b), Alternative Retirement Benefit, the following: Provided, however, that after the completion of 25 or more years of credited service a participant upon retirement subsequent to the attainment of age 60 and prior to the attainment of age 65 shall receive an annual benefit equal to: (i) 2% of final average earnings for each of the first 16 years of credited service, plus (ii) 1% of final average earnings for each year of credited service in excess of 16 years but prior to the attainment of age 60, plus (iii) 2.8% of final average earnings for each year of credited service subsequent to the attainment of age 60 and prior to the attainment of age 65. Section 3. All laws in conflict are hereby repealed. Adopted and approved Dec. 29, 1977. /s/ John P. Reeves Mayor Attest: /s/ Sophie S. Gottlieb Clerk of Council I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Aldermen of the City of Savannah, do hereby certify this to be a true and exact copy of an ordinance adopted by the Mayor and Aldermen in Council assembled, December 29, 1977. Signed and Sealed January 3, 1978. /s/ Sophie S. Gottieb Clerk of Council

Page 4894

Affidavit of Publication Savannah Evening Press 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 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 Dec. 8, 1977, and finds that the following advertisement appeared in each of said editions, to-wit: Legal Notice. Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to Ga. Code Anno. Section 69-1017 to amend the Charter of the City of Savannah to amend the Pension Plan, adopted and approved June 8, 1972. This amendment will be considered at the Council meeting of December 29th, 1977, to be held in the Council Chamber of City Hall at 2:00 p.m. A copy of the proposed ordinance is on file in the Office of the Clerk of Council, and the Office of the Clerk of the Superior

Page 4895

Court of Chatham County, Georgia, for the purpose of examination and insepction by the public. This 7th day of December, 1977. /s/ Sophie S. Gottlieb Clerk of Council City of Savannah /s/ Frankie R. Fort (Deponent) Sworn to and subscribed before me, this 29th day of Dec. 1977. /s/ Patricia Brant Fort Notary Public, Chatham County, Georgia. Affidavit of Publication Savannah Evening Press. 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 advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law;

Page 4896

That she has reviewed the regular editions of the Savannah Evening Press published on Dec. 15, 1977, and finds that the following advertisement, to-wit: Legal Notice. Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to Ga. Code Anno. Section 69-1017 to amend the Charter of the City of Savannah to amend the Pension Plan, adopted and approved June 8, 1972. This amendment will be considered at the Council meeting of December 29th, 1977, to be held in the Council Chamber of City Hall at 2:00 p.m. A copy of the proposed ordinance is on file in the Office of the Clerk of Council, and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. This 7th day of December, 1977. /s/ Sophie S. Gottlieb Clerk of Council City of Savannah /s/ Frankie R. Fort (Deponent) Sworn to and subscribed before me, this 29th day of Dec. 1977. /s/ Patricia Brant Fort Notary Public, Chatham County Georgia. Affidavit of Publication Savannah Evening Press. Georgia, Chatham County. Personally appeared before me, Frankie R. Fort to me known, who being by me sworn, deposes and says:

Page 4897

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 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 Dec. 22, 1977, and finds that the following advertisement, to-wit: Legal Notice. Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to Ga. Code Anno. Section 69-1017 to amend the Charter of the City of Savannah to amend the Pension Plan, adopted and approved June 8, 1972. This amendment will be considered at the Council meetinf of December 29th, 1977, to be held in the Council Chamber of City Hall at 2:00 p.m. A copy of the proposed ordinance is on file in the Office of the Clerk of Council, and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. This 7th day of December, 1977. /s/ Sophie S. Gottlieb Clerk of Council City of Savannah /s/ Frankie R. Fort (Deponent)

Page 4898

Sworn to and subscribed before me, this 29th day of Dec. 1977. /s/ Patricia Brant Fort Notary Public, Chatham County Georgia. Filed in the Office of the Secretary of State January 5, 1978. CITY OF THOMASTONCHARTER AMENDED. Ordinance No. 616. An Ordinance of the City of Thomaston, Georgia, to amend the Charter of said City by virtue of the Home Rule Powers vested in said City; to specifically clothe said City with sovereign immunity; to amend the provisions relating to the City Manager; to provide an alternate method for calling special meetings of council; to delete the provisions relating to police limits beyond the corporate limits; to amend certain provisions thereof relating to the Mayor's Court including deletion of the Appellate Jurisdiction of the Mayor and Council; to delete the provisions relating to road commutation tax; to specifically authorize the furnishing of city services beyond the corporate limits; to delete the word Chaingang; to delete the references to the 1910 Code of Georgia; to combine certain lien provisions relating to public improvements; to assign new numbers to certain sections of said Charter and to rearrange certain other sections thereof; to repeal conflicting laws; and for like purposes. WHEREAS, the City of Thomaston, Georgia, is authorized, by virtue of the home rule powers vested in it, to amend its Charter in certain respects, and WHEREAS, a synopsis of the amendments to said Charter hereinafter contained has been published in the official organ of Upson County, Georgia, once per week for three weeks within sixty days immediately prior to the final adoption hereof; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Thomaston, Georgia, and it is hereby ordained by virtue of the authority thereof, as follows:

Page 4899

Section 1 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et. seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 1 of said Charter and by substituting, in lieu thereof, a new Section 1 of said Charter, 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 be impleaded, 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. Section 2. The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, pages 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 13 of said Charter and by substituting, in lieu thereof, a new Section 13 of said Charter, to read as follows: Section 13. The mayor shall preside at meetings of the city council and the mayor shall not be allowed to vote at meetings of the mayor and city council except that he shall vote in cases of a tie vote by the council on any questions, resolution or measure. Said mayor shall have the veto power and may veto any measures, ordinances, orders, or resolutions of the city council, in which event the same

Page 4900

shall not become a law or enforceable unless subsequently passed over his veto by a vote of at least four (4) councilmen on a yea and nay vote duly recorded on the minutes; provided that unless the mayor shall file in writing with the city clerk his veto of any measure passed by the council, together with his reasons for disapproval, within three (3) days after its passage, said measure shall become a law as though approved by him. The mayor may approve in writing any measure passed by the city council and it shall go into effect immediately. The mayor shall be the official head of the city, and as such may exercise, in the corporate limits and police limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have the power, when necessary in his opinion to keep the peace and suppress riot and disorder, to give such orders to the city police as he shall deem necessary and to call on any and every male inhabitant of said city over eighteen (18) years of age to aid the city in suppressing riot and disorder and in enforcing the laws of said city. Section 3 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be and the same hereby is further amended, by striking therefrom, in their entirety, the first four paragraphs of Section 14 of said Charter, being the four unnumbered or lettered paragraphs which appear immediately preceding subparagraph (a) of said Section 14 of said Charter and by substituting, in lieu of said four paragraphs, a single new paragraph, to read as follows: The mayor and council shall appoint a city manager who shall be the chief executive officer and the head of the administrative branch of the city government. The city manager shall be chosen by the mayor and council solely on 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. No person elected as mayor or as a councilman of the City of Thomaston shall, subsequent to such election, be eligible for appointment as city manager until two years have elapsed following the expiration of the term for which he was elected. The city manager shall be appointed for such term as the mayor and council shall prescribe, however, he may be removed by the mayor and council during his term of office by a resolution of the

Page 4901

mayor and council which removal may be effective instanter if so provided by such resolution and, in the event of removal, the city manager's entitlement to continue receiving compensation shall be governed by the provisions of his contract of employment. The action of the mayor and council in removing the city manager shall be final and conclusive and not subject to review, and this provision shall, by operation of law, be and become a part of any contract of employment between the city manager and the City of Thomaston. In the case of absence, disability or suspension of the city manager, or in case of a vacancy in the office, the mayor and council may designate a qualified person to temporarily perform the duties of the city manager during such absence, disability, suspension or vacancy. Section 4 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et. seq., as amended, be, and the same hereby is further amended, by striking therefrom, in their entirety, all of paragraphs (a) and (b) of Section 14 of said Charter and by substituting, in lieu thereof, a new paragraph (a) and a new paragraph (b) of said Section 14 of said Charter, to read as follows: (a) The city manager shall receive such compensation as may be prescribed by the mayor and council. (b) The city manager shall, unless otherwise authorized by the mayor and council, devote all of his working time and attention to the affairs of the city and shall be responsible to the mayor and council for the efficient administration of all of the affairs of the city over which he has jurisdiction. Section 5 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et. seq., as amended, be, and the same hereby is further amended, by striking therefrom, in their entirety, all of subparagraphs (16) and (17) of paragraph (c) of Section 14 of said Charter, and by striking therefrom, in its entirety, all of paragraph (e) of Section 14 of said Charter.

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Section 6 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et. seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 15 of said Charter and by substituting, in lieu thereof, a new Section 15 of said Charter to read as follows: Section 15. The mayor and city council shall have full power to fix the time, place, and rules of procedure of their regular sessions. And the mayor, or a majority of the council, shall have power to convene the city council in special session by delivering written notice thereof personally to the mayor and to each councilman at least four hours prior to the convening of such meeting. Special sessions of the mayor and council may also be held at any time with the written consent of the mayor and a majority of the councilmen. The mayor and city council shall have full and ample power to do and perform any of their duties or exercise any of their powers at a special or called session as at a regular session. Section 7 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 20 of said Charter and by substituting, in lieu thereof, a new Section 20 of said Charter, to read as follows: Section 20. The City of Thomaston shall be authorized to exercise its police powers beyond the corporate limits of said city in those instances authorized by general laws or by decisions of the appellate courts of this state. Section 8 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in their entirety, all of paragraphs (a), (b), (c) and (d) of Section 21 of said Charter and by substituting, in lieu thereof, new paragraphs (a), (b), (c), and (d) of Section 21 of said Charter, which new paragraphs shall read as follows:

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(a) Said court shall be held as often as is necessary for the trial of the issues before it, and the mayor and council are authorized, but not required, to elect some competent citizen of said city as judge of said court to preside over and hold the same. In the event that the judge of said court should be disqualified in any case, or in the event of his absence from court due to illness or otherwise, the mayor and council are authorized to designate some other person to serve as judge of said court during the disqualification or absence of the regular judge. In the event that no judge of said court is elected by the mayor and council, the mayor shall have authority to preside over said court and perform the duties of the judge thereof, and in the case of the absence or disqualification of the mayor, or whenever he declines to serve, said court shall be presided over by the mayor pro tem, and in the absence or disqualification of both the mayor and the mayor pro tem, the council shall designate one of its number to preside over and hold said court. The mayor and council are also hereby authorized to elect any attorney at law of their choosing to serve as the solicitor of said court and said solicitor shall serve solely at the pleasure of the mayor and council, and may also appoint any number of attorneys as assistant solicitors of said court who shall also serve at the pleasure of the mayor and council. The city clerk shall act as clerk of said court, and the chief of police and other police officers of said city shall attend said court, and perform all such duties therein and in the enforcement of its sentences as they may be required to do by the ordinances of said city or by the orders of the presiding officer of said court. (b) The jurisdictional limits of said court shall be as is provided in Section 20 of this Charter and said court shall have jurisdiction to try all offenses against the laws and ordinances of said city and such other offenses as may be provided by law. (c) The mayor, or other presiding officer, of said court, shall have power and authority to punish for contempt of said court by fine not exceeding $100.00 for each offense and by improvement in the city jail not to exceed ten days, either or both, in the discretion of said court. (d) Upon the conviction of any defendant of a violation of any law or ordinance of said city, unless otherwise provided in the ordinance itself, said court shall have the right to sentence said defendant to pay a fine not exceeding $500.00 and to imprisonment in the

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city jail and to work and labor on the streets or public works of said city, whether within or without the corporate limits, not exceeding six months, and to impose both a fine and a sentence of imprisonment and labor, in the discretion of said court, and all sentences may be in the alternative and fines may be imposed with the alternative of sentence to imprisonment and labor in the event the fines are not paid. Said court shall further have the power to assess costs against each defendant convicted, to be collected and enforced in addition to and in the same manner as fines, all of which costs shall be paid into the city treasury, and said court may issue executions for any unpaid fines and costs to be enforced in the same manner as city tax executions are enforced. Section 9 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 22 of said Charter and by substituting, in lieu thereof, a new Section 22 of said Charter to read as follows: Section 22. Any person convicted before the mayor's court of said city for any offense shall have the right to have his conviction reviewed by the Superior Court of Upson County, and the procedure for obtaining such review shall be as is provided by general law. Section 10 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 23 of said Charter and by substituting, in lieu thereof, a new Section 23 of said Charter, to read as follows: Section 23. The mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the corporate limits of the City of Thomaston, offenses against any law or ordinances of said city or offenses against any penal law of this state. He shall have authority to take the examination of any person charged with a state offense and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the proper court having

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jurisdiction in the same manner as justices of the several counties of this state now or may hereafter have by law. All of said warrants shall be addressed to the chief of police or other police officers, and to all and singular the sheriffs, deputy sheriffs and constables of this state, any one of whom shall have authority to execute said warrants. Section 11 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 24 of said Charter and by substituting, in lieu thereof, a new Section 24 of said Charter, to read as follows: Section 24. It shall be lawful for the chief of police or other police officers of said city to arrest without warrant any person or persons within the corporate limits of said city, for an offense against or a violation of the laws and ordinances of said city, or for a crime against the penal laws of said state, if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said city, who after committing said offense seeks to flee and escape, the chief of police and other police officers are empowered to pursue and arrest him without warrant. Section 12 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 25 of said Charter and by substituting, in lieu thereof, a new Section 25 of said Charter, to read as follows: Section 25. The chief of police or any other police officer of said city shall have the right, power, and privilege to release any person arrested within the corporate limits of said city for an offense against the laws and ordinances of said city, upon said person giving a bond, to be approved by the chief of police or mayor of said city, payable to the City of Thomaston, conditioned to pay the obligee in said bond an amount fixed by the chief of police or mayor of said city, in the event said person arrested does not appear before the mayor's court,

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at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Section 13 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 31 of said Charter. Section 14 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 35 of said Charter and by substituting, in lieu thereof, a new Section 35 of said Charter, to read as follows: Section 35. The mayor and council of said city shall have full power and authority, in their sole discretion, to grade, pave, macadamize and otherwise improve the streets, ways and sidewalks of said city and to establish, maintain and improve a system of sewerage and drains, and to assess any part, or all of the costs thereof against the property adjoining the same and improved thereby and shall be empowered to provide by ordinance for the equalization of the assessment thereof against the property thereby improved. The amount of such assessment shall constitute a lien against the real estate assessed and may be collected by execution and levy in the manner authorized for the collection of ad valorem taxes. The mayor and council shall have plenary authority to adopt such ordinances as they deem necessary to carry out the powers hereby conferred. Section 15 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 36 of said Charter. Section 16 The Charter of the City of Thomaston, Georgia, contained in

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Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in its entirety, all of Section 37 of said Charter and by substituting, in lieu thereof, a new Section 37 of said Charter, to read as follows: Section 37. The mayor and city council of said city shall have full power and authority to furnish water, electric lights and power, and other public utility service for the public use of said city, and for private use, and to charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for manufacturing or supplying gas and any other public utility system or plants; to purchase or generate electric energy or gas; and to own and construct dams; and to do anything necessary to maintain the supplying of said public utilities, all of which things it may do both within and without the municipal corporate limits. Section 17 The Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, be, and the same hereby is further amended, by striking therefrom, in their entirety, all of paragraphs (j), (k) and (l) of Section 41 of said Charter, and by substituting, in lieu thereof, new paragraphs (j), (k) and (l) of said Section 41 of said Charter, which said new paragraphs shall read as follows: (j) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trying all nuisances, and to abate the same. (k) To provide, equip, and maintain a city prison and to regulate the same; and to provide for the working of the city convicts on the streets of said city, or any public works of said city both within and without the corporate limits. (l) To have and exercise the power of eminent domain, so as to condemn and acquire private property for school purposes and for the enlargement of school grounds, and for the purpose of enlarging and improving the schools of said city or for their benefit; for public streets, sidewalks, parks, and playgrounds; for rights of way for any electric light, water supply, or sewer line; for sites for the building or

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enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water, and light department, or any other department of said city; for public hospitals and libraries; and for any other public use whatsoever, whenever same is necessary in their opinion and within the meaning of the law; all such proceedings for condemnation to be in conformity with the laws applicable thereto. Section 18 Section 31 and Section 37 of the Charter of the City of Thomaston, Georgia, having been stricken from said Charter in their entirety by this ordinance, and Section 37 having also been stricken therefrom by Georgia Laws, 1977, page 4054, et seq., and no new sections having been inserted in lieu thereof, therefore, in order to re-establish the numerical continuity of the sections of the Charter of said City, said Charter of the City of Thomaston, Georgia, contained in Georgia Laws, 1933, page 1070 et seq., as amended, including the amendments thereto contained in the proceding sections of this ordinance, is hereby further amended by renumbering each section of said Charter commencing with Section 32 through Section 46 thereof, so that from and after the passage of this ordinance, Section 32 of said Charter shall be, and hereby is, designated as Section 31 thereof, Section 33 thereof shall be, and hereby is, designated as Section 32 thereof, Section 34 thereof shall be, and hereby is, designated as Section 33 thereof, Section 35 thereof shall be, and hereby is, designated as Section 34 thereof, Section 37 thereof shall be, and hereby is, designated as Section 35 thereof, Section 38 thereof shall be, and hereby is, designated as Section 36 thereof, Section 39 thereof shall be, and hereby is, designated as Section 37 thereof, Section 40 thereof shall be, and hereby is, designated as Section 38 thereof, Section 41 thereof shall be, and hereby is, designated as Section 39 thereof, Section 42 thereof shall be, and hereby is, designated as Section 40 thereof, Section 43 thereof shall be, and hereby is, designated as Section 41 thereof, Section 44 thereof shall be, and hereby is, designated as Section 42 thereof, Section 45 thereof shall be, and hereby is, designated as Section 43 thereof, Section 46 thereof shall be, and hereby is, designated as Section 44 thereof. Section 19 All laws, and parts of laws, in direct conflict with any of the terms or provisions of this ordinance be, and the same hereby are, repealed.

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The final adoption of the foregoing ordinance by the City Council of the City of Thomaston occurred in regular meeting held on this the 5th day of September, 1978, after having been first adopted on the 15th day of August, 1978, being the date of the most recent regular meeting of Council held prior to this date, which said ordinance I have, this date, transmitted to the Mayor for his approval. /s/ James E. Shurley City Clerk City of Thomaston, Georgia Approved by me and returned as Approved by said City Council, in open meeting, this the 5th day of September, 1978. /s/ W. H. Thomas Mayor City of Thomaston, Georgia Certification. Georgia, Upson County. I, the undersigned, Clerk of the City of Thomaston, Georgia, and the keeper of the records and the seal thereof, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 616 as approved by the Mayor and Council on September 5, 1978. This, the 5th day of September, 1978. /s/ James E. Shurley City Clerk and Treasurer (Seal). EXHIBIT A Notice of Intention to Amend the Charter of the City of Thomaston, Georgia, by Ordinance to be Enacted Under the Home Rule Powers. Notice is hereby given that the Mayor and Council of the City of Thomaston are considering an ordinance to amend the Charter of

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said City and this notice is to provide the public with a synopsis of the proposed amendments. Said proposed ordinance would expressly clothe the City of Thomaston with sovereign immunity; would delete the maximum time for which a city manager may be appointed and the succession provisions relative thereto; would delete the mandatory time period in which a vacancy in the office of city manager would be required to be filled; would add a provision relating to compensation of the city manager after removal; would remove the floor on the city manager's salary; would authorize the Mayor and Council to allow the city manager to perform other work; to remove the ceiling on work which the city manager can request from the city attorney and the city auditor; to insert additional provisions relative to called meetings of Council; to delete the police limits jurisdiction beyond the corporate limits; to provide additional provisions relative to substitute Mayor's Court judges in the absence of the regular judge; to authorize the appointment of a Mayor's Court solicitor and assistants; to raise the ceilings on fines for contempt of the court; to remove the appellate jurisdiction of the Mayor and Council from decisions of the Mayor's Court; to delete the commutation tax provisions; to consolidate the provisions relative to improving streets and ways of the City and drainage and sewage systems and the manner of requiring payment therefor; to authorize furnishing of City services without the corporate limits; to delete references to certain repealed laws; to relocate some provisions; to renumber some sections; and for like purposes. Be further informed that a copy of said proposed amendments is on file in the Office of the City Clerk in the Thomaston Municipal Building and also in the Office of the Clerk of the Superior Court of Upson County for the purpose of examination and inspection by the public. Said ordinance will be first considered for adoption on the 15th day of August, 1978, and considered for final adoption on the 5th day of September, 1978. This 3rd day of August, 1978. /s/ James E. Shurley Clerk City of Thomaston, Georgia

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Affidavit of Publication. Georgia, Upson County. Personally appeared before me, the undersigned affiant, who after being duly sworn, did depose and say that he is the publisher of The Thomaston Times and The Free Press the official organ of Upson County, and that the notice relative to a proposed ordinance to amend the Charter of the City of Thomaston, Georgia, a true copy of which is attached to this affidavit as Exhibit A, was published in The Thomaston Times and The Free Press on August 16, 23, and 30, 1978, as provided by law. /s/ Perry D. Sherrer Sworn to and subscribed before me, on this the 5th day of September, 1978. /s/ Susan C. Harper Notary Public, Upson County, Georgia. Filed in the Office of the Secretary of State September 11, 1978. CITY OF WARNER ROBINS NEW CHARTER. TABLE OF CONTENTS Page Part I Incorporation, Powers, Boundaries 1 Part II The Mayor and Council 3 Chapter 1 General Provisions 3 Chapter 2 Powers of Mayor and Council 4 Chapter 3 Mayor and Mayor Pro Tem 7 Chapter 4 Organization and Procedure 8 Part III Election and Removal 11 Chapter 1 Conduct of Elections 11 Chapter 2 Vacancies and Removal from Office 12 Part IV Administration 14 Chapter 1 City Attorney 14 Chapter 2 City Clerk 15 Chapter 3 City Organization 16 Chapter 4 Personnel 17 Chapter 5 Boards and Commissions 18 Chapter 6 Regulation of Conduct 19 Part V Finance and Fiscal 22 Chapter 1 Taxation and Other Revenue 22 Chapter 2 Borrowing and Indebtedness 25 Chapter 3 Fiscal Control 28 Chapter 4 Purchasing, Contracting and Disposition of Property 30 Part VI Municipal Court 31 Part VII General Provisions 33 Disposition Table 36

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PART 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 1-106. Annexation of territory; elections. 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 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

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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. 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

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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. (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. This 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.

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(d) In the event a majority of the votes 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. Editorial Note: This section is a codification, with minor changes, of Ga. L. 1943, p. 1624, sec. 4. State Law Reference: Municipal Election Code, Ga. Code Ann., Title 34A. Other annexation methods under general state law, Ga. Code Ann., ch. 69-9. PART II The Mayor and Council Chapter 1. General Provisions Chapter 2. Powers of the Mayor and Council Chapter 3. Mayor and Mayor Pro Tem Chapter 4. Organization and Procedure 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 mayor and council composed of the mayor and six (6) council members elected as provided in Part III of this charter for four (4) year terms and until a successor is elected and qualified and the mayor and council shall act as the legislative body of the city. Section 2-102. Qualifications. (a) To be eligible for election or appointment to the mayor and council, a person, at the time of election or appointment, must:

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(1) have attained the age of 18 years; (2) have resided in the city for three (3) months and continue in such residence during the term of office; (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. 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. State Law Reference: Ga. Code Ann., sec. 69-1019. CHAPTER 2 Powers of the Mayor and 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 mayor and council. Cross Reference: Municipal court, art. VII and mayor, sec. 2-301. Section 2-202. Execution of powers.

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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. (a) Without otherwise limiting the general powers of the mayor and council, it shall: (1) 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, (2) 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; (3) adopt ordinances providing for all governmental reorganizations including the establishment, alteration, or abolishment of 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 personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (5) 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; (6) remove or reinstate, within 30 days, any appointed city officer suspended by the mayor; (7) 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; (8) adopt any resolution or motion expressing the mayor and

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council's opinion on any subject or, where authorized by ordinance, approve by motion the issuance of any license or permit of the city; (9) 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 (1) year of its creation, if not earlier abolished by the mayor and council; and (10) 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. Cross Reference: Mayor's appointments, suspension, sec. 2-301. 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 annualy 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. 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. State Law Reference: Publication of financial statements, Ga. Code Ann., sec. 69-317. 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

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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. Cross Reference: Contempt of municipal court, sec. 6-103(j). CHAPTER 3 Mayor and Mayor Pro Tem Section 2-301. Mayor Section 2-302. Mayor pro tem. Section 2-303. Interpretation of terms. 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:

Page 4920

(1) to see that all laws and ordinances are enforced: (2) to appoint or suspend all city agency and department heads or other city officers which 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. Cross Reference: Mayor and council appointments, sec. 2-203. Special meetings, sec. 2-403. Removal of appointed city officers, sec. 2-203. Contracts, sec. 5-401. Section 2-302. Mayor pro tem. The mayor and council shall appoint by a majority vote from

Page 4921

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 absences 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 (1) year or for the remainder of the term of the 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 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. Section 2-402. Rules of procedure; journal of minutes. Section 2-403. Meetings; regular and special. Section 2-404. Codes of technical regulations. Section 2-405. Authenticating ordinances; recording; codification; printing. 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 re-elected 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

Page 4922

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 of 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: (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.

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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 (2) 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 serven on all other members personally, or by telephone personally, or otherwise notified as fully as is reasponably 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. (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. State Law Reference: Public meetings, minutes, Ga. Code Ann., ch. 40-33. Section 2-404. Code 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.

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(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 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 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 Chapter 2. Vacancies and Removal from Office

Page 4925

CHAPTER 1 Conduct of Elections Section 3-101. Application of general laws. Section 3-102. Regular elections; time for holding; specifying post. Section 3-103. Vacancies; special elections; appointments. Section 3-104. Voter registration. 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. L. 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 (6) council members shall be held on the Tuesday after the first Monday in October, 1964 and every two (2) 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 10 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 (4) years and until a successor is elected and qualified. (c) Six (6) 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 (3) council members shall be elected to Posts one (1), three (3) and five (5), for a four (4) year term, and council members elected for Posts two (2), four (4) and six (6) will be elected for a two (2) year term. Elections following the first election after the passage of Ga. Laws 1963, p. 3330 shall then be for four (4) year terms. (d) There shall be established, for municipal general elections, six (6) posts numbered one (1), two (2), three, (3), four (4), five (5) and six (6). Every person who offers for nomination or election as a council member shall designate and qualify with the proper authority for a

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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 other 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 (2) candidates receiving the highest number of votes shall participate in a runoff election which shall be held fourteen (14) days after the date of the general election. Editorial Note: This section is a codification with minor changes, of Ga. Laws 1943, p. 1624, Sec. 5, as amended by Ga. Laws 1956, p. 2510, Secs. 2, 3; Ga. Laws 1958, p. 3218, Sec. 3; Ga. Laws 1962, p. 2152, Sec. 3; Ga. Laws 1963, p. 3330, Sec. 2 and originally codified as Sec. 2.101 of the 1976 Warner Robins Code. Subsection (e) above was changed from seven (7) days to 14 days to conform to the requirements of Ga. Code Ann., Sec. 34A-706 and 34-1513. Section 3-103. Vacancies; special elections; appointments. (a) On 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 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 (1) 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 (1) 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

Page 4927

of a duly qualified person by the new mayor and remaining members of the council. Editorial Note: This section is a new codification, with minor changes, of Ga. L. 1976, p. 3518, sec. 1. 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 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. Section 3-202. Recall elections. Section 3-203. Forfeiture of office; suspension. 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

Page 4928

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 (5) days after the filing of such petition. (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..... and 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 (3) 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.

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(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 (1) year in office. Editorial Note: This section is a codification of Ga. L. 1977, p. 4036. 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 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, 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, 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 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 Chapter 2. City Clerk Chapter 3. City Organization Chapter 4. Personnel Chapter 5. Boards and Commissions Chapter 6. Regulation of Conduct

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CHAPTER 1 City Attorney Section 4-101. Appointment and qualifications. Section 4-102. Duties and responsibilities. Section 4-101. Appointment and qualifications. There shall be a city attorney who shall be appointed for a term of one (1) 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. Cross Reference: Contracts, sec. 5-401. CHAPTER 2 City Clerk Section 4-201. Appointment and qualifications. Section 4-202. Duties and responsibilities. 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. Cross Reference: Appointment and removal, sec. 2-203 and 2-301. Section 4-202. Duties and responsibilities. The city clerk shall be secretary to the mayor and 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.

Page 4931

Cross Reference: Official city map, sec. 1-105(a); authenticating ordinances, sec. 2-405(a); contracts, sec. 5-401. CHAPTER 3 City Organization Section 4-301. City departments and agencies. Section 4-302. Administrative reorganization. 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. 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

Page 4932

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 emplyees. CHAPTER 5 Boards and Commissions Section 4-501. Authority to create. Section 4-502. Composition; appointment; removal; bylaws. Section 4-501. Authority to create. The mayor and council may, by ordinance, unless otherwise provided by general state law, 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 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, 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 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

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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 mayor and council prior to their being effective. Cross Reference: Appointment, removal, sec. 2-203. CHAPTER 6 Regulation of Conduct Section 4-601. Declaration of policy. Section 4-602. Conflict of interest. Section 4-603. Disclosure of interest. Section 4-604. Fair and equal treatment. Section 4-605. Future employment. Section 4-606. Use of public property. Section 4-607. Contracts voidable and rescindable. Section 4-608. Ineligibility of elected officials. Section 4-609. Political activities of certain officers and employees. Section 4-610. Participation in elections. Section 4-611. Penalties for violation. 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 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.

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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: (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; (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 indirctly, 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; (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 unless such contract is issued pursuant to sealed competitive bids. State Law Reference: Voting when personally interested, Ga. Code Ann., 69-204. Selling to city, Ga. Code Ann., Sec. 26-2306.

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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 (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 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

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shall [Illegible Text] the contract or sale involved voidable and rescindable as to [Illegible Text] 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 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 (1) year after the expiration of the term for which the official was elected. Section 4-609. 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 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 by serving as election officials. 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 on office or position and shall be punished as for 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,

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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 Chapter 2. Borrowing and Indebtedness Chapter 3. Fiscal Control Chapter 4. Purchasing, Contracting and Disposition of Property CHAPTER 1 Taxation and Other Revenue Section 5-101. Property tax. Section 5-102. Millage rate; due dates; payment methods. Section 5-103. Occupation and business taxes. Section 5-104. License; permits; fees. Section 5-105. Service charges. Section 5-106. Special assessments. Section 5-107. Construction; other taxes. Section 5-108. Collection of delinquent taxes and fees. Section 5-101. Property tax. The mayor and 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 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

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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 (1) 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. State Law Reference: Installment payments, Ga. Code Ann. sec. 92-6407. 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 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.

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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 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 of 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 imposes; 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.

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CHAPTER 2 Borrowing and Indebtedness Section 5-201. General obligation bonds. Section 5-202. Determination of millage necessary to retire proposed bonded indebtedness. Section 5-203. Revenue bonds. Section 5-204. Refunding revenue bonds. Section 5-205. Short term notes. 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. State Law Reference: Ga. Code Ann., ch. 87-2 through 87-8. 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. Editorial Note: This section is a codification, with minor changes, of Ga. L. 1968, p. 2284, sec. 4. 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.

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State Law Reference: Ga. Code Ann., ch. 87-8. 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 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 (1) 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 refunded bond

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proceeds is attached as an exhibit to the resolution authorizing said revenue refunding bonds, the court upon validation shall determine the validity of said agreement as well as the validity of said revenue refunding bonds. (d) Such revenue refunding bonds shall constitute investment securities under the Uniform Commercial Code but no financing statement nor continuation statement need to be filed to protect or perfect the interest of the holders of said revenue refunding bonds in the revenues pledged to their payment. Such revenue refunding bonds may be secured by pledge of all or any portion of the revenues to be derived from the operation of one or more revenue-producing facilities of the city after payment of the reasonable and necessary expenses of operation and maintenance, and such revenues need not be limited to revenues pledged to the revenue bonds refunded. Revenue refunding bonds shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the city be subject to any pecuniary liability thereon. No holder or holders of any such revenue refunding bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such revenue refunding bonds or the interest thereof, nor to enforce payment thereof against any property of the city; nor shall any such bonds constitute a 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 (2) 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 (1) or more series, may be sold in such manner, may bear such date or dates, 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 (9%), per annum, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such terms of redemption with or without premium; may be declared or become due before the maturity date thereof; may be executed in such manner; and may

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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. State Law Reference: Revenue bonds. Ga. Code Ann., ch. 87-8. Editorial Note: This section is a codification of Ga. L. 1973, p. 3673 and is authorized by Ga. Code Ann., sec. 87-825. Section 5-205. 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 5-301. Fiscal year; municipal budget. Section 5-302. Municipal appropriations ordinance. Section 5-303. Supplementary appropriations. Section 5-304. Appropriation for specific sums.

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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 (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. (c) The mayog 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 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.

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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 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 supplementry 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. Section 5-402. Purchasing procedures. Section 5-403. Sale and disposition of property.

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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 shall be negotiated, authorized and executed as directed by the mayor. (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 or more shall be negotiated and authorized only after three (3) 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. Cross Reference: Contracts void, sec. 4-607. State Law Reference: Bonds required for public works contracts, Ga. Code Ann., sec. 23-1705 to 23-1709. 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. State Law Reference: In regard to municipal streets, see Ga. Code Ann., Title 95A. Section 5-403. Sale and disposition of property. The mayor and council shall prescribe by ordinance the procedures

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for all sales and other disposition of real and personal property by the city. State Law Reference: Sale of municipal property, Ga. Code Ann., sec. 69-318. PART VI Municipal Court Section 6-101. Creation; jurisdiction. Section 6-102. Chief judge; associate judges; appointment; compensation; oath. Section 6-103. Convening; rules of procedure; powers; punishments. Section 6-104. Appeals. 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 mayor's, recorder's, or police courts and particularly as to 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. Offenses relating to traffic on public roads, Ga. Code Ann., sec. 92A-501 et seq., sec. 68A-1501, et seq. 68-1726.4(d), 68-9901, 68B-405. Marijuana possession, Ga. Code Ann., sec. 79A-9917. 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 stand-by associate judges as shall be provided by ordinance and the appointment of each judge shall be for a term of one (1) year or at the pleasure of the mayor and council.

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(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, 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 mayor and council by ordinance shall establish and be entitled to reimbursement of the cost of the meals, transportation and caretaking of

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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; (2) imprisonment in the city prison for a period of not more than 40 days; or (3) any one (1) or all of these punishments when the facts of the case justify such punishments; (4) 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 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 10 days of the date of conviction shall be deemed to have waived the right. State Law Reference: See Ga. Code Ann., sec. 24-2615, 19-101 et seq. PART VII General Provisions Section 7-101. Ordinances and regulations. Section 7-102. Contracts and obligations; proceeding.

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Section 7-103. Governing body defined. Section 7-104. Section captions; rules of construction. Section 7-105. Severability. Section 7-106. City officers and employees. Section 7-107. General repealer. Section 7-108. Specific repealer. Section 7-109. Effective date. Section 7-101. Ordinances and regulations. Existing ordinances, resolutions, rules and regulations of the city and its agencies now lawfully in effect not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified or amended. 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.

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(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. (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

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other public streets and ways in the city and shall embrace all parts thereof constituting the designated right-of-way. Section 7-105. 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 7-106. 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 the end of their terms of office or if no term is provided then as otherwise provided by this charter or ordinance. Section 7-107. General repealer. All laws and clauses of laws in conflict with this act are hereby repealed. Section 7-108. Specific repealer. (a) All laws or portions of laws creating, reenacting or amending any and all charters of the City of Warner Robins are hereby repealed including, but not limited to, Ga. L. 1943, p. 1624; 1947, p. 525; 1956, p. 2510; 1956, p. 2699; 1958, p. 3218; 1959, 3005; 1962, p. 2152; 1963, p. 3330; 1967, p. 2606; 1968, p. 2283; 1969, p. 3927; 1970, p. 2627; 1971, p. 3580; 1973, p. 3673; 1973, p. 3930; 1974, p. 2172; 1976, p. 3518; 1976, p. 3953; 1977, p. 3467; and 1977, p. 4036. (b) Provided, however, that to the extent portions or provisions of these acts are saved and continued by this charter 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 7-109. Effective date. This charter shall become effective after the adoption of a new city

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charter for the City of Warner Robins at the regular 1978 Session of the General Assembly of Georgia and upon its approval by the Governor or upon its becoming law without his approval. WARNER ROBINS CITY CHARTER DISPOSITION TABLE Former Charter 1976 City Code Sections New Charter Sections 1.101 see 1-101, 1-102 1.102 see 1-105 1.103 see 1-106 2.101 see 2-101, 2-201, 2-302, 2-401, 3-101, 3-102 2.102 see 2-102 2.103 deleted 2.104 see 2-103 2.105 see 1-102, 1-103, 1-104, 2-201, 2-203, 2-402 2.106 see 1-102 2.107 3-103 2.201 deleted 2.202 deleted but see 3-104 2.301 deleted 2.302 see 2-203(a)(5) and (6) 2.303 see 2-301, 2-302, 2-303, 5-401, 5-402 2.304 deleted 2.401 deleted 2.402 deleted 2.403 see 5-108 2.404 5-202 2.405 5-204 2.406 see 5-103, 5-104 2.501 see 2-203, 2-301, 4-401 3.101 see 1-102, 1-105, 1-106 3.102 see 5-108 3.103 deleted 3.104 deleted 4.101 deleted 5.101 see 6-101 to 6-104 Editorial Note: See means superseded by or similar provisions in.

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Notice of Intention to Adopt New City Charter Notice is hereby given that the Mayor and Council of the City of Warner Robins intends to adopt a new city charter pursuant to the Municipal Home Rule Act of 1965. A copy of the proposed new charter is on file in the office of the City Clerk of Warner Robins and the office of the Clerk of the Superior Court of Houston County for the purpose of examination and inspection by the public. The City Clerk shall furnish anyone, upon written request, a copy of the proposed new charter. 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 for 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 6th day of February, 1978. /s/ Foy Evans Mayor Attest: /s/ Thomas E. McMinn City Clerk Georgia, Houston County. Personally appeared before me this day, James S. DeRoy, Jr., Editor-General Manager of the Daily Sun, 1553 Watson Boulevard,

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Warner Robins, Georgia 31093, who certifies that the attached legal notice was published in the Daily Sun, which has a general circulation in the Warner Robins area, on the following dates: February 10, 17, 24, 1978. This 3rd day of March, 1978. /s/ James S. DeRoy, Jr. Editor-General Manager Sworn to and subscribed before me, this 3rd day of March, 1978. /s/ Judy K. Morrow Notary Public, Houston County. (Seal). Georgia, Houston County. I have received and filed in my office a copy of the Proposed Charter for the City of Warner Robins, Georgia, 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 the said Notice has been published as required by law. This 22nd day of March, 1978. /s/ Carolyn V. Sullivan Chief Deputy Clerk, Houston County Superior Court Sworn to and subscribed before me, this 22nd day of March, 1978. /s/ Virginia Evans Notary Public. (Seal).

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Georgia, Houston County. I hereby certify that the attached new Charter for the City of Warner Robins was adopted by unanimous vote of Mayor and Council of the City of Warner Robins, Georgia at the regular meetings held on March 6, 1978 and March 20, 1978. This 23rd day of March, 1978. /s/ Thomas E. McMinn City Clerk Filed in the Office of the Secretary of State March 27, 1978.

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 25, 1979 George Busbee Governor Honorable Thomas B. Murphy Speaker of the House of Representatives State of Georgia State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 252, 433, 453, 670 and 703 which were passed by the General Assembly of Georgia at the 1979 Regular Session. Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed. Sincerely, /s/ George Busbee George Busbee GB:ctl Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable Ben W. Fortson, Jr., Secretary of State Veto No. 1H. B. 252 by Representatives Williamson of the 45th, Kemp of the 139th, Burton of the 47th and others Among other things, House Bill 252 would allow a public utility corporation regulated by the Public Service Commission

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to establish and administer a political action committee. This bill would then permit contributions by such political action committee to any political campaign except candidates for Public Service Commission. Well-publicized abuses committed in the past by some utilities and their officials have caused the public to seriously question the wisdom of relaxing this State's policy against allowing utilities to make campaign contributions to State and local candidates. It is my belief that now is not the proper time to depart from the present policy of prohibiting such contributions. For this reason, I have vetoed House Bill 252. Veto No. 2H. B. 433 by Representatives Jessup of the 117th, Buck of the 95th, Edwards of the 110th and Castleberry of the 111th House Bill 433 establishes the criteria for and the procedures under which a person, whose motor vehicle operator's license has been revoked due to the fact that his driving habits and traffic violations record has resulted in his classification as a habitual offender, may be granted a probationary license to operate a motor vehicle under restrictive conditions imposed by the Commissioner of the Department of Public Safety when it is shown to the satisfaction of the Commissioner that a genuine hardship would exist without the ability of the habitual offender to again be permitted to operate a motor vehicle. Those persons who have their driving privileges revoked because they are a habitual offender have a proven record that they constituted a serious safety hazard to the motoring public. These individuals have repeatedly demonstrated their inability to abide by and conform to the traffic laws of this State and the lack of the capacity to operate a motor vehicle in an acceptable and safe fashion. Prior to being declared a habitual offender, these individuals have been repeatedly forewarned of the consequences of continued and repeated violations. Nevertheless their driving record over a five year period has clearly demonstrated that they are a serious threat to public safety while operating a motor vehicle. While I am aware of the hardship which the loss of an individual's driving privileges can reek upon the ability of an individual to earn a livelihood, I deem it unwise to adopt a procedure which will allow a person who has repeatedly demonstrated his lack of capacity to operate a motor vehicle in a safe manner to again be placed in a position of menacing the motoring public. For these reasons, I have vetoed House Bill 433.

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Veto No. 3House Bill 453 by Representatives Galer of the 97th, Hanner of the 130th, Castleberry of the 111th, and others House Bill 453 provides that Georgia would become a party to the Tri-Rivers Waterway Compact along with the States of Alabama and Florida. The Compact would study and make recommendations concerning the use of the Apalachicola, Chattahoochee, Flint Waterway for water consumption, recreation, wildlife management, commercial fish production, navigation, power generation, flood control and any other uses deemed appropriate by the Board of Directors. The Flint River and Chattahoochee River are not in Alabama but are wholly within Georgia. The Governor of Florida has contacted me and states that Florida strongly opposes this bill and if the same is enacted, he feels this will seriously hamper our relationships on these waterways in the future. This proposed legislation provides that the Compact can go into effect without all three states consenting if two of the states ratify the Compact and Congress gives its consent. It then provides for an initial Board of Directors of five from each state and recommends that they be nominated by the Tri-Rivers Waterway Developmental Association and submitted to the Governor for his approval and the governors are then encouraged in each state to select from counties named in the bill. In Georgia, these counties would be Clay, Decatur, Early, Miller, Mitchell, Muscogee, Quitman, Seminole or Stewart. Subsequent board members would have to be selected from counties whose governments pay dues to support the Compact. The legislation further provides that even though each state would have five members, the voting would be based on the amount of the contributions made by the governing authorities of each county. From my discussions on this bill, it appears that one of the primary purposes is to provide a deeper channel for barge traffic on the lower part of the Apalachicola, Chattahoochee and Flint Rivers. I support this concept; however, this bill is much broader and provides that this Commission shall be a state agency representing the entire State of Georgia with limited geographical representation, but representing all the people of this State on water consumption, recreation, wildlife management, commercial fish production, navigation, power generation, flood control and other uses deemed appropriate by the Board of Directors. For this reason, I have not only received strong objections from Florida, but also from many counties in this State that are affected in some manner by these rivers in the

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uses outlined and who have grave concern on creating a state agency with such limited regional representation and with voting based on amounts of contributions of each of the counties. I strongly support having a channel of sufficient depth to support barge traffic on these rivers, but I do not feel that this legislation would assist in this effort. I have conferred with Governor Graham of Florida and Governor James of Alabama and reviewed this matter by phone. We agreed that it would be in the best interests of all three states if we met and attempted to resolve our differences. This we plan to do in the next several weeks. For these reasons, I am vetoing House Bill 453. Veto No. 4H. B. 703 by Representative McDonald of the 12th House Bill 703 would provide the circumstances under which certain itinerant merchants would be required to obtain a business license in each county or municipality in which the merchant sought to do business and name an agent for service. The fee for the business license would be $150.00 in each licensing jurisdiction. Such restrictive provisions are prohibitive to the vast majority of itinerant merchants affected and would result in many of these legitimate business activities being legislated from the market place. The subject of the regulation and licensing of local merchants in order to protect the consuming public is in many instances best addressed by local licensing authorities rather than State action. I believe this to be true with that class of itinerant merchant sought to be regulated by this bill. For these reasons, I have vetoed House Bill 703. Veto No. 5H. B. 670 by Representatives Snow of the 1st and Tuten of the 153rd House Bill 670 changes the maximum number of permissible days for which Judges of the Superior Courts may receive reimbursement for expenses incurred while attending judicial educational seminars or courses. The unintended effect of the bill if allowed to become law would result in some Superior Court Judges being denied expense reimbursement for attending judicial educational courses for a period of time extending up to seven years. Such legislation would not be in the best interests of the public in that it would have a chilling effect upon the quality of judicial competence and expertise. The principal authors of the bill have joined the Council of Superior Court Judges in requesting that I veto House Bill 670. Accordingly, I have done so.

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CONSTITUTION OF THE STATE OF GEORGIA (Revised, January, 1979) RATIFIED, NOVEMBER 2, 1976 PROCLAIMED, DECEMBER 22, 1976 Designated as The Constitution of the State of Georgia of 1976

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CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS Page ARTICLE I. Bill of Rights 4966 ARTICLE II. Elective Franchise 4971 ARTICLE III. Legislative Branch 4973 ARTICLE IV. Constitutional Boards and Commissions 4986 ARTICLE V. Executive Branch 4992 ARTICLE VI. Judiciary 4997 ARTICLE VII. Taxation 5009 ARTICLE VIII. Education 5026 ARTICLE IX. Counties and Municipal Corporations 5032 ARTICLE X. Retirement Systems and Educational Scholarships 5047 ARTICLE XI. The Laws of General Operation in Force in this State 5055 ARTICLE XII. Amendments to the Constitution 5556 ARTICLE XIII. Miscellaneous Provisions 5058

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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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GENERAL CONSTITUTIONAL AMENDMENTS ADOPTED SINCE RATIFICATION OF CONSTITUTION OF 1976 Amendment to Article VII, Section I, Paragraph IV of the Constitution so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. Amendment to Article VII, Section II, Paragraph III of the Constitution so as to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials. Amendment to Article I, Section III, Paragraph I of the Constitution so as to provide that when private property is taken or damaged for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor may be paid when the same has been finally fixed and determined as provided by law. Amendment to Article VII, Section I, Paragraph IV of the Constitution so as to authorize the General Assembly to exempt from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax. Amendment to Article I, Section II, Paragraph XI of the Constitution so as to change the provisions relating to nonprofit bingo games so as to authorize the General Assembly to legalize, define, and regulate nonprofit bingo games. Amendment to Article I of the Constitution by adding a new Section to be designated Section IV so as to authorize the General Assembly to provide by general law for the recall of public officials who hold elective office. Amendment to Article XII, Section I, Paragraph IV of the Constitution so as to provide for the effective date of amendments to the Constitution. Amendment to Article VII, Section I, Paragraph IV of the Constitution so as to increase the homestead exemption from $12,500.00 to $25,000.00 for disabled veterans who have been disabled 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 wheelchair, 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 affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair and to provide for a homestead exemption equal to the homestead exemption received by the veteran during his lifetime for his unremarried widow or minor children so long as his unremarried widow or minor children continue to actually occupy the home as a residence and homestead. Amendment to Article III, Section VIII, Paragraph XII of the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime and to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime.

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Amendment to Article XII, Section I, Paragraph I of the Constitution so as to provide for the publication of a summary of each proposed general amendment to the Constitution. Amendment to Article VI, Section V, Paragraph I of the Constitution so as to authorize the General Assembly to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00. Amendment to Article III, Section VIII, Paragraph XII of the Constitution so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers and to further authorize the General Assembly to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons. Amendment to Article III, Section VIII, Paragraph XII of the Constitution so as to provide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty. Amendment to Article II, Section III, Paragraph III of the Constitution so as to require a notice of candidacy of write-in candidates in special elections. RATIFIED NOVEMBER 7, 1978. 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

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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 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

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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. 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

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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 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 General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this State. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games. [ Editorial Note: Paragraph XI was altered by an amendment ratified on November 7, 1978.]

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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 or for any public transportation 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. [ Editorial Note: Paragraph I was altered by an amendment ratified on November 7, 1978.] 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 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

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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. SECTION IV. RECALL Paragraph I. Recall of Public Officials Holding Elective Office . The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds and all other matters relative to such recall shall be provided for in such law. On the date any such law becomes effective, all local laws relative to recall shall stand repealed, and no local law relative to recall shall be enacted after such date. [ Editorial Note: Section IV, Paragraph I was added by an amendment ratified November 7, 1978.] 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. 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,

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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. 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

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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 or special election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general or special 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 or special 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. In the event an amendment to the Constitution completely revising Article II is ratified at the 1978 general election, the provisions of this Paragraph shall be repealed on June 30, 1979. [ Editorial Note: Paragraph III was altered by an amendment ratified on November 7, 1978.] 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 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

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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. 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

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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 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.

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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. 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 Punish . 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 the 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

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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 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 disttinctly 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. 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

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State. Paragraph IIIA. Restrictions upon Land Use for the Protection of Natural Rresources, 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, 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

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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 be statute provide between the 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

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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. Nothwithstanding 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, to provide for insurance, to provide for a continuing fund or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions of this paragraph. 8. Any provision of this Paragraph to the contrary notwithstanding, the General Assembly is authorized to provide by law for the donation 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. 9. The General Assembly is hereby authorized to provide by law for compensating innocent victims of crime. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to appropriate funds to carry out the provisions of any law adopted pursuant to the authority of this paragraph. The General Assembly shall be further authorized to provide for the assessment of additional penalties in any case in which any court in this State shall impose a fine or order the forfeiture of any bond in the nature of the penalty for certain or all offenses against the criminal or traffic laws of this State and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of compensating innocent victims of crime. [ Editorial Note: Subparagraph 7 of Paragraph XII was altered by an amendment ratified on November 7, 1978.]

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[Editorial Note: Subparagraph 9 of Paragraph XII relative to compensation for innocent victims of crime was added by an amendment ratified November 7, 1978. An additional subparagraph 9 relative to a health insurance plan for retired public school teachers was also added by an amendment ratified on November 7, 1978.] 9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a health insurance plan for retired public school teachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons. [Editorial Note: Subparagraph 9 of Paragraph XII relative to a health insurance plan for retired public school teachers was added by an amendment ratified on November 7, 1978. An additional subparagraph 9 relative to compensation for innocent victims of crime was also added by an amendment ratified November 7, 1978.] SECTION IX. INSURANCE REGULATION Paragraph I. General Assembly to Enact Laws for People's Protection, Etc . The General Assembly shall, from 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

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chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the 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 be 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 1(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 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,

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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 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. 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.

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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. 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

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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 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.

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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 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

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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, [Illegible Text] 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 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 sore 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.

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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 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

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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: (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 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

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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 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.

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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. 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

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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 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 overriden 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.

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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, 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 the 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

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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. 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, Probatc Courts,

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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. 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

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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 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 Hear 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 upon the Supreme Court, and in such other cases as may now or hereafter be prescribe 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

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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 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

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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 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 erorrs 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

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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 Court 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 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. 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. The General Assembly is hereby authorized to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00. Nothing contained herein shall constitute a

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waiver of the immunity of the State from suit, but the General Assembly is hereby authorized to provide for the waiver or qualification of such immunity in such law. The General Assembly is hereby authorized to provide in such law for all matters relative to the provisions of this paragraph. [ Editorial Note: The second paragraph of Paragraph I was added by an amendment ratified on November 7, 1978.] 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 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. 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

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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 1 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 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

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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. 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.

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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 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.

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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) 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. 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

Page 5009

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 right inalienable, indestructible is 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. 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

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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 laws, 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, payments 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. 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,

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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 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 $25,000.00 on his homestead, which

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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 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 wheelchair, 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. The unremarried widow or minor children of any such disabled veteran, as defined herein, shall also be entitled to an exemption of $25,000.00 on the homestead so long as the unremarried widow or minor children continue to actually occupy the home 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 exemption granted herein to the veteran, his unremarried widow or minor children shall remain subject to taxation. The State Revenue Commissioner is hereby authorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment to the Constitution is ratified by the electorate. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1978. [Editorial Note: The sixth unnumbered paragraph of Paragraph IV was altered by an amendment ratified on November 7, 1978. An additional amendment to this paragraph has been placed in the thirteenth unnumbered paragraph as the language to be deleted corresponds to the language in the thirteenth paragraph rather than the sixth.] 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 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

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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. 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.

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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. Any disabled veteran who is a citizen and resident of Georgia is hereby granted an exemption from all ad valorem taxes for State, county, municipal and school purposes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. The term `disabled veteran', as used herein, means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans Administration of the United States as being 100 percent totally and permanently disabled and entitled to receive service-connected benefits and any veteran 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 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. [ Editorial Note : Even though the Act provided that this provision would amend the sixth unnumbered paragraph, it is clear from the language to be deleted that it was intended to amend the thirteenth unnumbered paragraph. Ratified November 7, 1978.] 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 his 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

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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 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.

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(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 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

Page 5017

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; provided, that such increase shall be in increments of 20%, 40%, 60%, or 80% of the value of such intangible 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. Subject to the conditions and limitations provided by law, a taxpayer may be exempted from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax. [Editorial Note: This paragraph immediately preceding the last paragraph of Paragraph IV was added by an amendment ratified November 7, 1978.] 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 Purpose 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.

Page 5018

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 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.

Page 5019

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. The General Assembly shall be authorized to provide for the assessment of additional penalties in any case in which any court in this State shall impose a fine or order the forfeiture of any bond in the nature of the penalty for all offenses against the criminal or traffic laws of this State and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of meeting any and all costs, or any portion thereof, of providing training to law enforcement officers of the State and political subdivisions thereof and to the prosecuting officials of this State and political subdivisions thereof. [ Editorial Note: The last paragraph in Paragraph III was added by an amendment ratified November 7, 1978.]

Page 5020

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 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 make or purchase, or lend or

Page 5021

deposit against the security of, loans to citizens of the State for educational purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article IX, Section VI, Paragraph I(a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72 million dollars. For the purpose of this Paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date. General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate to a special trust fund to be designated State of Georgia General Obligation Debt Sinking Fund such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general obligation debt 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

Page 5022

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 1(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 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 1(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

Page 5023

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 insitution, 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 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

Page 5024

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 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

Page 5025

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 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

Page 5026

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 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

Page 5027

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. 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

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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 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. (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

Page 5029

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 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

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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 ina 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, 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

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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. 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

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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. 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 Site 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,

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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, 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 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

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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 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

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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 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

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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. 4. Action adopting any form of taxation beyond that authorized by law or by this Constitution. 5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system. (d) The power granted in Subparagraph (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

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to municipalities. 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. (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;

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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 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.

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SECTION V. COUNTY GOVERNMENT; TAXATION POWER Paragraph I. Power of County Government. The General Assembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. Paragraph II. Purposes of Taxation. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly: 1. Pay the expenses of administration of the county government. 2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics. 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.

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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. 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

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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. (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

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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 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

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five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner. All existing local constitutional amendments adopted prior to November 5, 1974, relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by this Paragraph. 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

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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 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

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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 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 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

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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 person 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 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

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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 provisions of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for 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

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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 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.

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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 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 contract 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

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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. 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

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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 therof 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 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.

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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 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

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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 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

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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 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 proivde 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, subject to

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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 Attorney General, the Legislative Counsel and the Secretary of State shall 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, a summary of such proposal shall be published in the official organ of each county and, if deemed advisable by the Constitutional Amendments Publication Board, in not more than 20 other newspapers in the State which meet the qualifications for being selected as the official organ of a county. Said Board shall be composed of the Governor, the Lieutenant Governor and the Speaker of the House of Representatives and shall designate the additional newspapers, if any, in which such summary shall be published. The summary shall be prepared by the Attorney General, the Legislative Counsel and the Secretary of State. Such summary shall be published once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. A copy of the entire proposed amendment shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection. If such proposed amendment is not general, it shall be published 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 any newspaper with a paid circulation which exceeds that of the official organ or in the official organ of each county in which the directly affected political subdivision or subdivisions are located. The Constitutional Amendments Publication Board shall designate whether the official organ or another newspaper shall be selected for such publication. A proposal for a new Constitution shall be published in the same

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manner as a proposed general amendment. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph. [ Editorial Note: The second paragraph of Paragraph I was altered by an amendment ratified on November 7, 1978.] 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 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 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 or the resolution proposing the amendment shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification. [ Editorial Note: Paragraph IV was altered by an amendment ratified on November 7, 1978.]

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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 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

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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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Table of Amendments Year Proposed General Proposed Local Special Ratified General Ratified Local Special Rejected General Rejected Local Special 1978 36 87 15 66 21 21 Total 36 87 15 66 21 21 Total number of amendments ratified through 1978 - 81

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COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA As of June 1, 1979 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 JANE BARWICK Law Assistant ANNE S. EMANUEL Law Assistant BEN G. ESTES Law Assistant ELEANOR D. HENDERSON Law Assistant CHARLES N. HOOPER Law Assistant DOUGLAS B. KIDD Law Assistant ROSEMARY KITTRELL Law Assistant CLARENCE LORENTZSON Law Assistant JOYCE McKEE Law Assistant LEE PERRY Law Assistant VELMA C. TILLEY Law Assistant CHARLES E. WEBB Law Assistant WARREN A. WEBB Law Assistant SIMON J. WEINSTEIN Law Assistant MRS. SHERIE WELCH Law Assistant 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, 1979 BRASWELL D. DEEN, JR. Chief Judge J. KELLEY QUILLIAN Presiding Judge WILLIAM LEROY McMURRAY, JR. Presiding Judge GEORGE T. SMITH Judge ARNOLD SHULMAN Judge HAROLD R. BANKE Judge A. W. BIRDSONG, JR. Judge NORMAN L. UNDERWOOD Judge GEORGE H. CARLEY Judge STEPHEN H. BLOCK Law Assistant ROBERT H. BRINSON, JR. Law Assistant WILLIAM K. CARMICHAEL Law Assistant T. MIL CLYBURN Law Assistant MARGARET W. DEIMLING Law Assistant KENNETH A. HOWARD Law Assistant GARY A. HUGHES Law Assistant PATRICK F. McMAHON Law Assistant JAMES MORAWETZ Law Assistant KATHY L. PORTNOY Law Assistant THOMAS E. MURDOCK Law Assistant RICHARD L. RICE Law Assistant ALFREDDA SCOBEY Law Assistant RICHARD W. SNYDER 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, 1979 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 805, Monroe. GREELEY ELLIS, Judge, Covington. J. W. (JIM) MORGAN, D.A., Covington. NewtonSecond third Mondays in January, April, July October. WaltonThird Monday in February, May, August, November. ATLANTA CIRCUIT. HONS. SAM P. McKENZIE, Chief Judge, FRANK M. ELDRIDGE, LUTHER ALVERSON, CHARLES A. WOFFORD, RALPH H. HICKS, 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. JAMES 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. WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, EUGENE M. KERR, 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. GlynnSecond Monday in January, May September. Jeff DavisFirst second Mondays in March; 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, 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. ROBERT THOMAS POPE, 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, WATSON WHITE, 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.

Page 5067

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. WILLIAM MALCOLM TOWSON, Judge, Dublin. BEVERLY B. HAYES, JR., D.A., Dublin. JohnsonThird Monday in March, June, September December. LaurensFourth Monday in January, April, July October. TreutlenThird Monday in February August. TwiggsSecond Monday in January, April, July October. EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, Chief Judge, FRANK S. CHEATHAM, JR., Judge, Savannah. ANDREW JOE RYAN, III 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 Mondays in April November. SpaldingFirst Mondays in February, June October.

Page 5068

UpsonThird Mondays in March August; first Monday in November. GWINNETT CIRCUIT. HONS. CHAS. C. PITTARD, Chief Judge, Duluth; REID MERRITT, HOMER M. STARK, Judges, 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. JOSEPH E. LOGGINS, Judge, Summerville. 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.

Page 5069

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. TownsFirst Monday in April and November. UnionFourth Monday in February; second Monday in September. 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; WILLIAM F. GRANT, Judge, Elberton. 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, May, August, and November. JonesFirst Monday in February and August; third Monday in April and October. MorganFirst Monday in March, June, September, and December. PutnamThird Monday in March, June, September, and December. WilkinsonFirst Monday in January, April, July and October.

Page 5070

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; second Monday in July and November. DodgeThird Monday in February, May, August and November. MontgomeryFirst Monday in February, May, August and November. PulaskiSecond and third Mondays in March and September; second Monday in June and December. TelfairFourth Monday in February and June; third and fourth Mondays in October. WheelerSecond Monday in February and October; third Monday in June. OGEECHEE CIRCUIT. HON. WILLIAM COLBERT HAWKINS, Judge, Box 439, Sylvania. FAYE SANDERS MARTIN, Judge, Statesboro. 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. A'DELBERT BOWEN, Judge, Cuthbert. 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.

Page 5071

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. BEN L. BATEMAN, D.A., Box 304, Camilla. 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. GEORGE A. HORKAN, JR., Chief Judge, Moultrie; ROY M. LILLY, Judge, Thomasville. 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;

Page 5072

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. W. A. (BILL) FOSTER, D.A., Dallas. DouglasSecond Monday in February and December; third Monday in May and September. HaralsonSecond Monday in April; fourth Monday in August and November. PauldingSecond Monday in June and October. PolkFourth Monday in January; first Monday in May and November. TIFTON CIRCUIT. HON. W. J. FOREHAND, Judge, P. O. Box 253, Tifton. THOMAS H. PITTMAN, D.A., Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November. TiftFirst Monday in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Monday in April and October. WorthFourth Monday in January, April, July, and October. TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson. KENNETH E. GOOLSBY, D.A., P. O. Box 405, Thomson. GlascockThird Monday in February, May, August and November. LincolnFourth Monday in January, April, July and October. McDuffieSecond Monday in March, June, September and December. TaliaferroFourth Monday in February, May, August, and November. WarrenThird Monday in January; first Monday in April, July and October. WilkesFirst Monday in February, May, August, and November.

Page 5073

WAYCROSS CIRCUIT. HON. BEN A. HODGES, Chief Judge, P.O. Box 894, Waycross. ELIE L. HOLTON, Judge, P.O. Box 604, 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, P.O. Box 167, 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.

Page 5074

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Baldwin County; business licenses 1790 Banks County; business licenses 1843 Barrow County; justices of the peace 1805 Bibb County; homestead exemptions 1810 Bryan County; industrial development ad valorem tax 1830 Burke County; educational ad valorem taxation 1846 Cherokee County; homestead exemptions 1852 Clayton County; homestead exemptions 1812 Columbia County; homestead exemptions 1815 Crisp County; justices of the peace 1801 Dooly County; justices of the peace 1796 Douglas County; homestead exemptions 1808 Downtown Bainbridge Development Authority 1806 Downtown Statesboro Development Authority 1841 Floyd County; homestead exemptions 1819 , 1822 Forsyth County; business licenses 1828 Fulton County; education taxes 1797 Glynn County; homestead exemptions 1849 Perry, City of; homestead exemptions 1817 Pike County Retirement Home Authority 1832 Richmond County; homestead exemptions 1802 Rockmart, City of; homestead exemptions 1792 Rome, City of; homestead exemptions 1825 Smyrna, City of; homestead exemptions 1844 Spalding County School District 1793 Thomas County Higher Education Authority 1788 Upson County; homestead exemptions 1854 Upson County; justices of the peace 1839 CODE SECTIONS 7-302, amended 393 9-105, amended 502 18-206, amended 945 18-207, amended 945 18-209, repealed 945 18-210, repealed 945 18-212, repealed 945 18-219, repealed 945 18-9902, repealed 945 18-9905, repealed 945 18-9906, repealed 945 18-9909, repealed 945 20-1204, amended 1051 21-105, amended 529 22-1009, enacted 435 Title 24, amended 1400

Page 5075

24-1803, repealed 875 24-2707, amended 537 24-2727A, amended 507 24-2727B, enacted 507 24-2823, amended 988 24-2919, amended 639 24A-301, amended 1179 , 1404 24A-1403, amended 774 Chapter 26-14, amended 935 26-1503, amended 764 26-1508, enacted 618 26-2023, enacted 131 26-2306; amended 536 26-2408, amended 1068 26-2907, amended 1019 26-3004, amended 824 Chapter 27-1, amended 1173 27-2529, amended 848 Chapter 30-1, amended 466 32-909, amended 657 32-911, amended 1284 Title 34, amended 955 , 962 34-623, amended 1080 34-1010(b), amended 617 34-1017, amended 963 Chapter 34-10A, amended 1316 34-1102, amended 624 34-1208, amended 624 34-1402, amended 633 34-1406.1, amended 677 34-1407, amended 629 34-1507, amended 629 34-1513, amended 904 Title 34A, amended 960 , 964 , 968 34A-915, amended 967 34A-1004, amended 970 34A-1204, amended 1010 34A-1304, amended 631 38-1603, amended 1261 Title 41A, amended 950 , 951 41A-1309, amended 953 Chapter 41A-31, amended 417 Title 45, amended 420 , 678 , 893 , 1094 , 1320 Chapter 45-1, amended 1283 45-105.1, enacted 849 Chapter 45-3, amended 924 , 1177 , 1255 45-503, amended 591 , 828 45-513, amended 394 49-228, repealed 943 49-229, repealed 943 49-230, repealed 943

Page 5076

49-604, amended 1012 Title 53, amended 872 53-106, repealed 948 53-212, repealed 948 Chapter 53-3, repealed 948 Chapter 53-5, amended 466 53-9902, repealed 948 53-9903, repealed 948 53-9904, repealed 948 53-9905, repealed 948 53-9906, repealed 948 53-9907, repealed 948 53-9908, repealed 948 Title 56, amended 786 , 1148 , 1407 56-405, amended 804 56-8a, amended 882 56-1303, amended 850 56-2444, enacted 1289 57-101, amended 355 57-101.1, amended 357 57-118, amended 355 58-802, amended 922 59-106, amended 3 59-120, amended 601 59-202, amended 676 59-704.1, enacted 1048 59-806, amended 1047 Chapter 66-2, repealed 943 66-9902, repealed 943 66-9903, repealed 943 66-9904, repealed 943 66-9905, repealed 943 67-2003, amended 902 68-214, amended 615 68-502, amended 651 68A-903.1, enacted 768 Title 68B, amended 1049 68B-215, amended 142 68C-301, amended 826 69-202, amended 521 69-1507a, amended 1006 72-301, amended 1025 72-313, amended 1025 Chapter 73-2, amended 981 Chapter 74-1, amended 466 Chapter 74-4, amended 1182 79-103, repealed 948 Title 79A, amended 859 79A-811, amended 1258 79A-828, amended 879 84-304, amended 610

Page 5077

84-311, amended 635 Chapter 84-3A, amended 1268 84-602, amended 612 Chapter 84-7, amended 853 Chapter 84-9, amended 382 84-927.1, amended 1023 84-1002, amended 380 Chapter 84-14, amended 1203 84-4005, amended 378 Chapter 84-66, amended 1625 Chapter 85-25, amended 734 87-201, amended 1053 Title 88, amended 1042 , 1234 , 1240 88-108, amended 823 Chapter 88-4, amended 744 Chapter 88-5, amended 723 Chapter 88-10, amended 1272 Chapter 88-13, amended 1059 Chapter 88-31, amended 1017 Chapter 88-33, amended 1109 Chapter 91-1A, amended 816 , 1028 91-802A, amended 1295 Title 91A, amended 5 , 538 91A-245, amended 1078 91A-1111, amended 830 Chapter 91A-13, amended 1250 91A-1437, amended 514 91A-1449, amended 519 91A-3902, amended 926 91A-3904, amended 1178 91A-4503, amended 1278 Chapter 91A-46, amended 446 Chapter 91A-50, amended 1274 91A-5302, amended 1038 Chapter 92-14, amended 1274 Chapter 92-31, amended 888 92-3108, amended 901 92-6912, amended 519 Chapter 93-3, amended 1312 Chapter 93-5, amended 1084 Title 95A, amended 439 , 973 Chapter 95A-9, amended 1086 95A-903, amended 132 95A-923.1, enacted 803 95A-936.1, enacted 132 95A-962, amended 814 Chapter 95A-12, amended 1091 Chapter 100-1, amended 399 Chapter 105-12, amended 466 Chapter 105-13, amended 466 109A-2-316, amended 756

Page 5078

109A-9-313, amended 626 112-120, amended 655 Title 113, amended 1325 113-824, amended 1292 114-710, amended 619 Chapter 114-9, amended 891 SUPREME COURT Appellate and other posttrial procedure 619 Places of hearing oral arguments 1107 COURT OF APPEALS Appellate and other posttrial procedure 619 SUPERIOR COURTS See also General Index under name of county Atlantic Circuit; compensation of district attorney, etc. 584 Cobb Circuit; district attorney's employees 541 Compensation and duties of assistant district attorneys 639 Compensation of court bailiff 601 Coweta Circuit; compensation of official court reporter 530 Eastern Circuit; additional judge 876 Judges and District Attorneys; salaries in certain counties (145,000-165,000) 4195 Lookout Mountain Circuit; salary of court reporter 523 Mountain Circuit; terms of court, etc. 578 Ocmulgee Circuit; additional judge 769 Ocmulgee Circuit; terms in Jasper County 503 Sheriff's fees 988 Tallapoosa Circuit; terms 518 CIVIL COURTS See also General Index under name of county. Bibb County; jurisdiction 3062 JUVENILE COURTS See also General Index under name of county. Jurisdiction over juveniles 1179 , 1404 PROBATE COURTS See also General Index under name of county. Clerks' bonds 875 Compensation of judges in certain counties (15,300-15,800) 4456 Judges' qualifications in certain counties (100,000 or more) 954 Judges' Retirement Act amended 596 Judges' salaries in certain counties (145,000-165,000) 4195

Page 5079

STATE COURTS See also General Index under name of County Burke County; compensation of judge and solicitor 3672 Candler County; compensation of judge and solicitor 3927 Chatham County; practice and procedure 4502 Clayton County; judges' salaries, procedure, etc. 3838 Cobb County; clerk's compensation 4200 Cobb County; judges' compensation 4141 Cobb County; jurisdiction, procedure, etc. 3481 Cobb County; magistrates' salaries 4506 Cobb County; marshal's costs 3218 Cobb County; solicitor's compensation 4197 Colquitt County; judge and solicitor 3191 Decatur County; compensation of judge and solicitor, etc. 3848 DeKalb County; jury trials 3060 Early County; judge's salary 3611 Fulton County; compensation of assistant solicitors-general 3822 Glynn County; salaries 4541 Grady County; compensation of judge and solicitor 3238 Gwinnett County; vacancies, etc. 3010 Habersham County; compensation of judge and solicitor 3025 Habersham County; compensation of solicitor's secretary 3029 Jefferson County; compensation of judge and solicitor 3640 Judges' and solicitors' salaries in certain counties (145,000-165,000) 4195 Laurens County; practice of law by judge 3065 Liberty County; salaries of judge and solicitor 3280 Long County; compensation, selection, etc., of judge and solicitor 4379 Lowndes County; compensation of judge and solicitor 4097 Spalding County; compensation of judge and solicitor 4301 Sumter County; terms of court, solicitor, etc. 3173 Tattnall County; judge's compensation, etc. 4026 Toombs County; compensation of judge and solicitor 3974 Treutlen County; salaries of judge and solicitor 3142 Troup County; salaries of judge and solicitor 4109 Walker County; compensation of judge and solicitor, etc. 3959 COUNTIES AND COUNTY MATTERS See General Index under name of County COUNTY MATTERS BY POPULATION 6,530-6,600; sale of alcoholic beverages on Sundays 510 8,100-8,230; limitation on placement of trash receptacles, etc. 3983 8,335-8,725; compensation of board of commissioners 3456 9,000-9,200; tax commissioners' secretaries 3457 10,600-10,900; coroners' salaries 529 15,300-15,800; compensation of clerks of superior court and probate judges 4456

Page 5080

22,312-22,825; boards of elections 4165 31,000-31,500; compensation of members of water authorities 4050 60,000-65,000; interment of paupers, etc. 3554 63,000-72,000; tax returns, etc. 538 100,000 or more; probate judges' qualifications 954 145,000-165,000; compensation of certain officials 4195 145,000-165,000; sale of alcoholic beverages 351 145,000-165,000; sale of malt beverages by coliseum authorities 349 165,000-175,000; coroners' compensation 3742 170,000-195,000; terms of boards of elections 3604 175,000-195,000; sale of alcoholic beverages, etc. 929 180,000-190,000; compensation of named officials 3085 180,000-190,000; judges of recorder's court 4185 180,000-190,000; vacancies in office of probate judge 537 250,000-500,000; elections 1053 400,000 or more; cruelty to domestic animals, etc. 516 400,000-550,000; review of tax assessments 519 600,000 or more; court costs 507 600,000 or more; members of civil service boards 4346 600,000 or more; office hours of election superintendents 765 600,000 or more; program for legal services for the poor 3131 COUNTY MATTERSHOME RULE ACTIONS Columbia County; board of commissioners 4708 Hall County; civil service system 4709 Rockdale County; county attorney 4712 MUNICIPAL CORPORATIONSNAMED CITIES See General Index under name of City MUNICIPALITIESBY POPULATION 3,760-3,850; sales by employees to municipalities 536 10,800-11,200; members of housing authorities 513 120,000-150,000; contracts by municipal governmental authorities 521 More than 300,000; botanical gardens 4196 300,000 or more; opening and closing of polls 1010 More than 300,000; pension systems for members of paid fire departments amended 3618 , 3620 , 3630 , 3633 More than 300,000; pension system for members of police departments amended 3616 , 3623 , 3629 , 3635 More than 300,000; pension systems for officers and employees amended 3613 , 3625 , 3627 , 3632 , 3637 More than 300,000; transfer of credit from teachers' retirement systems 3606 400,000 or more; residential finance authorities 4662 MUNICIPALITIESHOME RULE AMENDMENTS Americus, City of; compensation of mayor and city council 4716 Atlanta, City of; chief of police 4728

Page 5081

Atlanta, City of; compensation of president of council 4734 Atlanta, City of; council employees 4752 Atlanta, City of; departments 4739 Atlanta, City of; group insurance board of trustees 4722 Atlanta, City of; mayor's salary 4718 Brunswick, City of; exchange of land authorized 4756 Centerville, City of; mayor's salary 4760 College Park, City of; employee pension fund 4761 Covington, City of; ad valorem taxation 4765 Decatur, City of; charter amendments 4768 Decatur, City of; employees' retirement 4790 East Point, City of; employees 4803 East Point, City of; recorder's court 4814 Fitzgerald, City of; city administrator 4839 Fitzgerald, City of; compensation of board of education 4850 Fitzgerald, City of; compensation of officials 4844 Fitzgerald, City of; elections 4825 Greensboro, City of; salaries 4854 Griffin, City of; appointive officers and employees 4866 Griffin, City of; commissioners, election and qualification 4862 Griffin, City of; director of public safety 4858 Griffin, City of; salaries 4855 Lyons, City of; charter amended 4871 Marietta, City of; travel expenses 4875 Pearson, City of; salaries 4880 Rome, City of; employees' retirement 4882 Savannah, City of; employees' retirement 4892 Thomaston, City of; charter amended 4898 Warner Robins, City of; new charter 4911 RESOLUTIONS AUTHORIZING COMPENSATION Bolden, Betty Jean 4697 Bridges, Emma Lois 4686 Gallant, William J. 4689 Hamrick, Mrs. Margaret B. 4695 Johnson, Mrs. Penney D. 4685 Kelley, Mrs. Susie B. 4698 Milkey, Herbert C., Sr. 4683 Myrick, James R. 4691 Northrop, Bruce D. 4690 Payne, James S., Jr. 4688 Peterson, William T. 4684 Power, Mrs. Mattie Lee 4694 Robbins, Mrs. Anna L. 4693 Tribble, Ronald L. 4687 Vickers, Jimmy 4696 White, Julius 4692 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Atlanta Gas Light Company, land conveyance 556

Page 5082

Augusta, City of, land conveyance 1388, 1390 Bibb County, land conveyance 573 Calhoun, City of, land conveyance 1363 Consolidated Atlanta Properties, Ltd. (CAPCO), lease amendment 1339 Cook County, land conveyance 569 Dalton, City of, land conveyance 1372 Fulton County, easement 1374 Gainesville, City of, land conveyance 138 Georgia Power Company, land conveyance 1423 Helen, City of, land conveyance 561 Kidd, J. L., land conveyance 567 Macon, City of, land conveyance 1386 Midway Museums, Inc., land conveyance 1397 Milledgeville-Baldwin County Recreation Commission, lease agreement 575 Mullins Homes, Inc., land conveyance 1367 Oglethorpe Electric Membership Corporation, easement 546 Savannah, City of, land conveyance 565 Spirit Creek Cattle Farm, Inc., lease of land 1382 Thurmond, Charles J., land conveyance 563 Tucker, W. R., land conveyance 571 United States of America, land conveyance 1377 Wallis, H. W., land conveyance 563 Warm Springs Foundation, sale or lease of land 1393 Whitfield County, land conveyance 559 Whitfield County, lease of land 1373 MISCELLANEOUS RESOLUTIONS Azalea designated as State Wild Flower 1387 Employee Travel Reimbursement Policies 1365 Exhibit Honoring Button Gwinnett 500 Fiscal standards for local governments 1366 Georgia Tax Reform Commission amended 129 Joint Emergency Medical Services Joint Study Committee created 1381 McMillan, George H., Bridge designated 1371 Medical Association of Atlantacommended 498 Services for the aged study committee created 1369 State song designated 1425

Page 5083

GENERAL INDEX A ACCORD AND SATISFACTION Defined 1051 ADEQUATE PROGRAM FOR EDUCATION ACT See also Education Allotments of personnel 649 Local units of administration 1279 Special Education instructional units 665 ADMINISTRATIVE PROCEDURE ACT Amended 1014 ADMINISTRATIVE SERVICES, DEPARTMENT OF Contracts 352 Powers, duties, etc. 659 State Deposits 399 ADOPTIONS Code provisions amended 1182 AGRICULTURE Eradication and control of disease in livestock 1035 Georgia Swine Mycobacteriosis Indemnification Act 1032 Licensing and bonding of certified public weighers 654 Penalties for weights and measures violations 655 Slaughter of horses regulated 846 ALAPAHA, CITY OF Charter amended 3824 ALBANY, CITY OF Chehaw Park Authority 4515 ALBANY-DOUGHERTY COUNTY PAYROLL DEVELOPMENT AUTHORITY ACT Amended, project defined 3639 ALBANY STADIUM AUTHORITY Name changed, etc. 4545

Page 5084

ALCOHOLICS Hospitalization 744 ALCOHOLISM ADVISORY COUNCIL Effective date of Act 933 ALCOVY SHORES WATER AND SEWERAGE AUTHORITY ACT Enacted 3177 ALPHARETTA, CITY OF Mayor's compensation 3119 AMBULANCE SERVICES Service by cardiac technicians, etc. 1017 AMERICUS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments APPELLATE PROCEDURE Posttrial procedure 619 APPLIED PSYCHOLOGISTS Licensing Act amended 843 APPROPRIATIONS General Appropriations Act 1427 Supplemental Appropriations Act 144 , 778 ARBITRATION CODE FOR CONSTRUCTION CONTRACTS Amended 393 ARCHITECTS, STATE BOARD Members 610 EXAMINERS Per diem 635 ARSON Crime defined, etc. 935 Privacy Act amended 824

Page 5085

ARTS COUNCIL Reestablishment 388 ATKINSON COUNTY Tax commissioner placed on salary basis 3683 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Compensation of members of board of education 3557 Corporate limits 3749 Elected officers of board of education 3560 Group Insurance Board Authority Act 4037 Municipal Court vacancies 3602 ATLANTA GAS LIGHT COMPANY Land conveyance authorized 556 ATLANTA, MEDICAL ASSOCIATION OF Commended 498 ATHENS, CITY OF New charter 3770 AUCTIONEERS' COMMISSION Jurisdiction, etc. 1268 AUGUSTA, CITY OF Elections 4060 Land conveyance authorized 1388 , 1390 AUSTELL, TOWN OF Corporate limits 4495 AZALEA Designated as State Wild Flower 1387 B BACON COUNTY Compensation of clerk of superior court 4284 Compensation of judge of probate court 4278 Compensation of sheriff, etc. 4287 Compensation of tax commissioner 4281

Page 5086

BAIL Deposit of motor vehicle operator's licenses 759 BAILIFFS Compensation 601 BAINBRIDGE, CITY OF Downtown Bainbridge Development Authority 3709 Downtown Bainbridge Development Authority, proposed amendment to the Constitution 1806 BALDWIN COUNTY Additional superior court judge 769 Business licenses, proposed amendment to the Constitution 1790 Salary of clerk of superior court 3250 Salary of judge of probate court 3253 Sheriff's salary 3255 Tax commissioner's salary 3259 BANKS AND BANKING Transactions involving corporate stock and securities 953 BANKS COUNTY Business licenses, proposed amendment to the Constitution 1843 BAR EXAMINATIONS Fee to take Bar examination 502 BARROW COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 1805 Pay periods for county employees 4317 BEN HILL COUNTY Costs, etc., in small claims court 4591 Deputy sheriffs, etc. 4589 BIBB COUNTY Ad valorem property tax administration 3752 Commissioner districts 3737 Homestead exemptions, proposed amendment to the Constitution 1810

Page 5087

Land conveyance authorized 573 Macon-Bibb County Water Sewerage Authority Act amended 3816 BIBB COUNTY, CIVIL COURT OF Jurisdiction 3062 BINGO Nonprofit bingo games 1075 Regulation and licensing of nonprofit bingo games 1265 BLECKLEY COUNTY Commissioner's expense allowance 4658 BOARD OF NATURAL RESOURCES See also Game and Fish Hunting seasons, etc. 394 BOATS Inspection by game and fish authorities 1283 BOLDEN, BETTY JEAN Compensation 4697 BOTANICAL GARDENS Authorized in certain municipalities (more than 300,000) 4196 BREMEN, CITY OF Corporate limits 4350 BRIDGES, EMMA LOIS Compensation 4686 BROOKS COUNTY Fire protection districts 4087 BRUNSWICK, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Brunswick-Glynn County Charter Commission 3378

Page 5088

Liens 4481 Police court 4483 BRYAN COUNTY Ad valorem tax for industrial development, proposed amendment to the Constitution 1830 Compensation of district attorney, etc. 584 Compensation of sheriff, deputies, etc. 3755 BUCHANAN, CITY OF Corporate limits 4347 BUREAU OF INVESTIGATION, GEORGIA Director's compensation 392 BURKE COUNTY Ad valorem taxation for education, proposed amendment to the Constitution 1846 Compensation of clerk of superior court 3675 Compensation of judge of probate court 3679 Jurisdiction of small claims court 4305 Sheriff's compensation 3677 Tax Commissioner's compensation 3670 BURKE COUNTY, STATE COURT OF Compensation of judge and solicitor 3672 BUTTS COUNTY Clerk of superior court placed on salary basis 4162 Coroner's compensation 4169 Tax Commissioner placed on salary basis 4159 BUYING SERVICES ACT OF 1975 Amended 643 BYRON DEVELOPMENT AUTHORITY ACT Enacted 4175 C CAFES Assistance to persons choking 1272 CALHOUN, CITY OF Land conveyance authorized 1363

Page 5089

CALHOUN COUNTY Small claims court 3121 CAMDEN COUNTY Compensation of named county officers 3282 Tax commissioner's compensation, etc. 3285 CAMPAIGN AND FINANCIAL DISCLOSURE ACT Amended 602 Executive Director's salary 392 CAMPUS AND UNIVERSITY POLICEMEN Act amended 1323 CANDLER COUNTY Compensation of board of commissioners 3924 Compensation of clerk of superior court 3918 Compensation of tax commissioner 3911 Probate judge's compensation 3914 Sheriff's salary 3921 CANDLER COUNTY, STATE COURT OF Compensation of judge and solicitor 3927 CAPITAL FELONY EXPENSE ACT Enacted 504 CARPETING Security interest under Uniform Commercial Code 626 CARROLL COUNTY Civil Service System 4335 Commissioner's compensation 4064 Compensation of superior court court reporter 530 Tax commissioner's compensation 4062 CATOOSA COUNTY Salary of superior court court reporter 523 CEDARTOWN DEVELOPMENT AUTHORITY Members, etc. 3690 CEMETERIES Act providing for registration and regulation, amended 1305

Page 5090

CENTERVILLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. CERTIFIED PUBLIC WEIGHERS Penalties 654 CHARLTON COUNTY Compensation of clerk of superior court 4294 Compensation of judge of probate court 4291 Compensation of tax commissioner 4299 Sheriff's compensation 4296 CHATHAM COUNTY Additional judge of superior court 876 Expenditure of tax funds for reappraisal of property 3396 Municipal governments police services study commission 4701 CHATHAM COUNTY, STATE COURT OF Practice and procedure, etc. 4502 CHATTAHOOCHEE COUNTY Sheriff's deputies, etc. 4356 CHATTOOGA COUNTY Salary of superior court court reporter 523 Small claims court 4066 CHEHAW PARK AUTHORITY Created 4515 CHEROKEE COUNTY Homestead exemptions, proposed amendment to the Constitution 1852 CHILD SUPPORT Office of child support receiver created 1400 CIVIL COURTS Judges' salaries in certain counties (145,000-165,000) 4195

Page 5091

CIVIL PRACTICE ACT Amended, discovery 1041 CIVIL SERVICE BOARDS Members in certain counties (600,000 or more) 4346 CLAIMS ADVISORY BOARD ACT Amended 797 CLARKE COUNTY Audits of board of commissioners 4311 Coroner's compensation 4315 Responsibility for feeding county prisoners 4313 CLAY COUNTY Sheriff's budget, etc. 3246 CLAYTON COUNTY Civil service system amended 4056 Compensation of board of commissioners 3668 Compensation of probate judge 3649 Compensation of sheriff and clerk of superior court 3654 Compensation of tax commissioner 3651 Homestead exemptions, proposed amendment to the Constitution 1812 CLAYTON COUNTY, STATE OF Judges' salaries, procedure, etc. 3838 CLINCH COUNTY Sheriff's compensation, deputies, etc. 3211 COASTAL MANAGEMENT ACT OF 1978 Amended 1302 COBB COUNTY Board of education, terms 3851 Compensation of clerk of probate court 4239 Compensation of judge of probate court 4499 Compensation of named officials 4172 Compensation of tax commissioner, etc. 4629 District Attorney's employees 541 Sheriff's compensation, etc. 3214

Page 5092

COBB COUNTY, STATE COURT OF Clerk's compensation 4200 Judges' compensation 4141 Jurisdiction, procedure, etc. 3481 Magistrates' salaries 4506 Marshal's costs 3218 Solicitor's compensation 4197 CODE OF PUBLIC TRANSPORTATION Authority of enforcement officers 814 Removal of advertising devices 803 COGENERATION ACT OF 1979 Enacted 389 COLLEGE PARK, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. COLQUITT COUNTY, STATE COURT OF Judge and solicitor 3191 COLUMBIA COUNTY See also Tabular IndexCounty MattersHome Rule Actions. Homestead exemptions, proposed amendment to the Constitution 1815 Probate judge placed on salary basis 3931 COLUMBUS, CITY OF Corporate limits 3735 COMMERCIAL TRANSACTIONS Accord and satisfaction of debt defined 1051 COMMERCIAL VEHICLES Proportional registration 1015 COMMON CARRIERS Separate cars, etc. Acts repealed 945

Page 5093

COMMUNITY AFFAIRS, DEPARTMENT OF Compensation of Director 392 Members of board, etc. 1063 Office of Housing 1062 COMPENSATION OF CERTAIN STATE OFFICIALS Procedure, etc. 392 CONCEALED WEAPONS Carrying regulated 1019 CONSOLIDATED ATLANTA PROPERTIES, LTD. Lease amendment 1339 CONSUMERS' UTILITY COUNSEL Compensation, etc. 1056 CONTAGIOUS DISEASES Immunization of school children 1284 CONTROLLED SUBSTANCES ACT Amended 1258 Amended, forfeitures of money under certain circumstances 879 COOK COUNTY Land conveyance authorized 569 CORNELIA, CITY OF Recorder's qualifications 3050 CORONERS Compensation in certain counties (165-000-175,000) 3742 Salaries in certain counties (10,600-10,900) 529 Salaries in certain counties (145,000-165,000) 4195 CORPORATIONS Mergers and consolidations 435 COSMETOLOGY Act regulating, amended 1327

Page 5094

COUNTIES Commissioners' salaries in certain counties (145,000-165,000) 4195 Members of civil service boards in certain counties (600,000 or more) 4346 Ordinances relating to sexual offenses 131 Placement of trash receptacles, etc., in certain counties (8,100-8,230) 3983 COUNTY BOARDS OF ELECTIONS Terms of members in certain counties (170,000-195,000) 3604 COUNTY COMMISSIONERS Compensation in certain counties (8,335-8,725) 3456 COUNTY GOVERNMENTS Endorsement of fiscal standards 1366 COURTS Costs in certain counties (600,000 or more) 507 Office of child support receiver created 1400 COVINGTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Taxes on insurance companies 3986 COWETA COUNTY Compensation of superior court court reporter 530 COWETA COUNTY WATER AND SEWER AUTHORITY Created 4447 CREDIT UNIONS Third party payment services 417 CRIME INFORMATION CENTER Membership of council 613 CRIMES Arson 935 Carrying of concealed weapons 1019 Controlled Substances Act amended, marijuana 1258

Page 5095

County and municipal ordinances relating to sexual offenses 131 Criminal trespass 764 Damaging, etc., mailboxes 618 Dumping, etc., garbage 831 False statements 1068 Fines as condition precedent to probation in felony cases 848 Serious injury by vehicle 768 CRIMINAL PROCEDURE Capital Felony Expense Act 509 Distribution of moneys received as result of commission of crime 1262 Fines as condition precedent to probation in felony cases 848 Interstate agreement on detainers 652 Rewards for arrest of felons 1173 Videotape as evidence 761 Voir dire questions 1047 CRISP COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 1801 CRUELTY TO DOMESTIC ANIMALS Enabling legislation for certain counties (400,000 or more) 516 CURRENT INCOME TAX PAYMENT ACT OF 1960 Amended 926 D DADE COUNTY Commissioner's compensation 4586 Compensation of deputy clerk of superior court 3969 Salary of superior court court reporter 523 DALTON, CITY OF Land conveyance authorized 1372 DAWSON COUNTY Compensation of deputy clerk of superior court 4051

Page 5096

DAWSONVILLE, CITY OF Compensation of mayor and councilmen 3022 DECATUR, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . DECATUR COUNTY, STATE COURT OF Compensation of judge and solicitor, etc. 3848 DEKALB COUNTY Government reorganization commission 4650 Penalties for violating ordinances 3563 Recorder's court, fines and punishment 3565 DEKALB COUNTY AIRPORT AUTHORITY Amended, members, etc. 3656 DEKALB COUNTY, STATE COURT OF Jury trials 3060 DENTISTS AND DENTAL HYGIENISTS Licensing Act amended 853 DEPARTMENT OF OFFENDER REHABILITATION Costs of maintaining certain prisoners 376 DEVELOPMENT AUTHORITIES LAW Amended 413 DISABILITY INSURANCE Group policies 1289 DISTRICT ATTORNEY EMERITUS Reappointment to office 971 DISTRICT ATTORNEYS Compensation and duties of assistant district attorneys 639 DIVORCE AND ALIMONY Procedure, rights, etc. 466

Page 5097

DOCTOR Use of term regulated 628 DOMESTIC ANIMAL CONTROL Enabling legislation for certain counties (400,000 or more) 516 DOOLY COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 1796 DOUGHERTY COUNTY Albany-Dougherty County Payroll Development Authority Act amended 3639 DOUGHERTY COUNTY STADIUM AUTHORITY Name changed from Albany Stadium Authority, etc. 4545 DOUGLAS COUNTY Homestead exemptions, proposed amendment to the Constitution 1808 Terms of superior court 518 DRIVER'S LICENSING ACT Amended 1049 DRUG ABUSERS Hospitalization 744 DRUG DEPENDENT INDIVIDUALS Hospitalization 744 DUBLIN, CITY OF City of Dublin and County of Laurens Development Authority Amended 3109 New charter 3568 DULUTH, CITY OF Charter amended 3555 E EARLY COUNTY, STATE COURT OF Judge's salary 3611

Page 5098

EASTERN JUDICIAL CIRCUIT Additional judge 876 EASTMAN, CITY OF New charter 4593 EAST POINT, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . ECHOLS COUNTY Small claims court 4077 EDUCATION See also Adequate Program for Education Act Grants to local public school systems 1001 Health insurance for public school employees 1290 Immunization of school children from contagious diseases 1284 Local units of administration 1279 Public School Disciplinary Tribunal Act 663 Sale of school facilities by county boards 657 School bus drivers 1055 School psychologists and psychometrists 1077 EFFINGHAM COUNTY Small claims court 3758 ELBERT COUNTY Compensation of chairman of board of commissioners 4557 Compensation of tax commissioner 4555 ELECTIONS Absentee ballots 629 , 633 , 677 Boards of elections in certain counties (22,312-22,825) 4165 Dates of runoff elections 904 Election Code amended 955 Elections in certain counties (250,000-500,000) 1053 Georgia Election Code amended 962 , 963 Hours of opening and closing polls in certain municipalities (300,000 or more) 1010 Lists of electors 1080 Nomination petitions 617

Page 5099

Office hours of election superintendents in certain counties (600,000 or more) 765 Presidential preference primary 1316 Public Officers Recall Act 1612 Unopposed candidates 624 ELLIJAY, CITY OF New charter 3881 EMERGENCY MEDICAL SERVICES Joint study committee created 1381 EMPLOYEES' HEALTH INSURANCE COVERAGE ACT Amended 667 EMPLOYEES OF STATE Travel reimbursement policies 1365 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Accumulated sick leave 1022 Amended 415 Compensation of Director 392 Group term life insurance 1259 ENERGY RESOURCES COUNCIL Members 391 ESTATES Renunciation of succession 1292 Year's support, etc. 1325 EVANS COUNTY Compensation of district attorney, etc. 584 Probate judge's compensation 3475 EVIDENCE Persons competent and compellable to testify 1261 EXECUTIVE REORGANIZATION ACT OF 1972 Amended 1027 EXTRADITION Uniform Act amended 412

Page 5100

F FACADE AND CONSERVATION EASEMENTS ACT OF 1976 Amended 637 FALSE ARREST OR FALSE IMPRISONMENT Defenses 762 FALSE STATEMENTS Crimes 1068 FAMILY AND DOMESTIC RELATIONS LAW Amended 466 FINANCIAL INSTITUTIONS CODE OF GEORGIA Amended 950 , 951 FINANCING AND INVESTMENT COMMISSION ACT Amended 401 FIREMEN'S RETIREMENT SYSTEM ACT Amended 364 FITZGERALD, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments . Charter amended 4469 FLOWERY BRANCH, CITY OF New charter 3404 FLOYD COUNTY Compensation of chief deputy clerk of superior court 4362 Compensation of chief deputy tax commissioner 4359 Homestead exemptions, proposed amendment to the Constitution 1819 , 1822 FOLKSTON, CITY OF New charter 4390 FOOD SERVICE ESTABLISHMENTS Assistance to persons choking 1272

Page 5101

FORESTRY COMMISSION, STATE Director's compensation 392 FORSYTH COUNTY Business Licenses, proposed amendment to the Constitution 1828 Police powers 4001 FORSYTH COUNTY AIRPORT AUTHORITY ACT Repealed 3757 FRANCHISE PRACTICES COMMISSION Executive Director's compensation 392 FRANKLIN D. ROOSEVELT WARM SPRINGS POOLS AND SPRINGS SITE COMMISSION Created 997 FULTON COUNTY Board of education pension system Act amended 3248 Easement authorized 1374 Taxes for educational purposes, proposed amendment to the Constitution 1797 FULTON COUNTY, STATE COURT OF Compensation of assistant solicitors-general 3822 FUR DEALERS Trappers and Fur Dealers Act amended 800 G GAINESVILLE, CITY OF Land conveyance authorized 138 New charter 3302 GALLANT, WILLIAM J. Compensation 4689 GAME AND FISH See also Natural Resources Code amended 420 , 678 Coastal Management Act of 1978 amended 1302

Page 5102

Commercial fishing, crabbing, etc. 893 Elimination of wild or abandoned dogs 849 Firearms used in hunting deer 828 Hunter education 1177 Hunting licenses, etc. 1320 Hunting Seasons, etc. 394 Inspection of vessels and boats 1283 Nonresident big game licenses 1255 Sale of licenses, etc. 924 Weapons used in turkey hunting 591 Wild animal defined, etc. 1094 GARBAGE Dumping garbage, etc. 831 General Appropriations Act enacted 1427 GENERAL ASSEMBLY Legislative Retirement System Act amended 931 Legislative Services Committee membership 795 Georgia Cogeneration Act of 1979 enacted 389 GEORGIA COUNCIL FOR ENERGY RESOURCES Members 391 GEORGIA COUNCIL FOR THE ARTS AND HUMANITIES Reestablishment of Arts Council 388 GEORGIA CRIME INFORMATION CENTER Membership of council 613 GEORGIA INDIGENT DEFENSE ACT Enacted 367 GEORGIA INSURANCE CODE Amended 786 GEORGIA MEAT INSPECTION ACT Amended 1037 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 623

Page 5103

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 594 GEORGIA ON MY MIND Designated as State song 1425 GEORGIA POWER COMPANY Land conveyance authorized 1423 GEORGIA PROFESSIONAL STANDARDS ACT Members, etc. 1065 GEORGIA PUBLIC REVENUE CODE Amended, nonprofit bingo games 1075 GEORGIA PUBLIC SERVICE COMMISSION Fuel Adjustment Clauses 1312 GEORGIA RADIATION CONTROL ACT Amended 1059 GILLSVILLE, CITY OF New charter 3421 GINSENG PROTECTION ACT OF 1979 Enacted 919 GLASCOCK COUNTY Sheriff's deputies, etc. 3550 Small Claims Court Act amended 3860 GLYNN COUNTY Brunswick-Glynn County Charter Commission 3378 Compensation of tax commissioners, etc. 4123 Education districts, referendum 3467 Employees of clerk of superior court 4120 Homestead exemptions, proposed amendment to the Constitution 1849 Magistrate's Court Act amended 3106 Sheriff's compensation. etc. 4116 GLYNN COUNTY, STATE COURT OF Salaries, etc. 4541

Page 5104

GORDON COUNTY Budget and fiscal year 4144 GOVERNOR Security for Governor's family 143 GRADY COUNTY Salary of clerk of superior court, etc. 3240 GRADY COUNTY, STATE COURT OF Compensation of judge and solicitor 3238 GRAND JURIES Report by foreman or clerk 676 GRANTVILLE, CITY OF Town clerk 4442 GREAT SEAL OF STATE Governor may authorize display 411 GREENE COUNTY Additional superior court judge 769 GREENSBORO, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . GRIFFIN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . GRIFFIN DEVELOPMENT AUTHORITY Created 4532 GUARDIAN AND WARD Appointment of guardians 1012 GUM BRANCH, CITY OF Incorporated 3222

Page 5105

GWINNETT, BUTTON Exhibit honoring Button Gwinnett 500 GWINNETT COUNTY Compensation of named officials 4488 Compensation of tax commissioner 4486 GWINNETT COUNTY, STATE COURT OF Vacancies, etc. 3010 H HABERSHAM COUNTY Small Claims Court Act amended 3206 Terms of superior court, etc. 578 HABERSHAM COUNTY, STATE COURT OF Compensation of judge and solicitor 3025 Compensation of solicitor's secretary 3029 HABILITATION OF MENTALLY RETARDED PERSONS Code amended 734 HALL COUNTY See Tabular IndexCounty MattersHome Rule Actions . HAMRICK, MRS. MARGARET B. Compensation 4695 HANCOCK COUNTY Additional superior court judge 769 Compensation of board of commissioners 3271 Compensation of deputy sheriffs 4539 Salary of secretary of clerk of superior court 3269 Small Claims Court Act amended 4014 HAPEVILLE, CITY OF Charter amended 3458 HAPEVILLE WATER AND SEWER AUTHORITY Created 3461

Page 5106

HARALSON COUNTY Terms of superior court 518 Treasurer's compensation 3971 HARRIS COUNTY Compensation of named officials 4573 HART COUNTY Small claims court 3828 HART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Act amended 3052 HAZARDOUS MATERIALS Transportation regulated 789 HAZARDOUS WASTE MANAGEMENT ACT Enacted 1127 HEALTH See also Human Resources, Department of. Immunization of school children from contagious diseases 1284 Medical Assistance of 1977, amended 1293 Nonresident Indigent Health Care Fund 1234 Ombudsman program within long-term care facilities 1240 Public Health Code amended 1042 , 1109 HEALTH INSURANCE PLAN FOR PUBLIC SCHOOL TEACHERS ACT Amended 672 HEALTH MAINTENANCE ORGANIZATIONS Insurance Code amended 1148 HEALTH PLANNING AND DEVELOPMENT Health Code amended 1109 HEARD COUNTY Compensation of superior court court reporter 530 HELEN, CITY OF Land conveyance authorized 561

Page 5107

HENRY COUNTY Board of Commissioners 3003 , 4186 Compensation of named officials 4189 HIGHWAYS Welcome stations 132 HIGHWAY AND TOLLING AUTHORITIES Toll powers, etc. 1091 HOMESTEAD EXEMPTIONS Exemptions from ad valorem taxation 830 HORSES Slaughter regulated 846 HOSCHTON, CITY OF Elections, etc. 4153 HOSPITALIZATION, ETC.FOR ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, DRUG ABUSERS, ETC. Code amended 744 HOSPITALIZATION, TREATMENT, ETC., FOR THE MENTALLY ILL Code amended 723 HOUSING AUTHORITIES LAW Amended, members in certain municipalities (10,800-11,200) 513 HUMAN RESOURCES, DEPARTMENT OF See also Health Commissioner's salary 392 Fees for laboratory services 823 Patient Cost of Care Act 834 Posters showing method of assisting persons choking 1272 HUSBAND AND WIFE See also Divorce and Alimony Proof of age, etc. 872

Page 5108

I INCOME TAX Computation of tax, etc. 888 Definitions 901 INDENTURED SERVANTS AND APPRENTICES Code sections repealed 943 INDUSTRY AND TRADE Welcome centers 132 Commissioner's salary 392 INSURANCE Georgia Insurance Code amended 786 , 1407 Group disability policies 1289 Health insurance for public school employees 1290 Health maintenance organizations 1148 Insurance Premium Finance Company Act amended 1076 Licensing of agents, etc. 882 Property insurance defined 804 Taxation of premiums 850 INSURANCE PREMIUM FINANCE COMPANY ACT Maximum service charges 1076 INTEREST AND USURY Interest on real estate loans 357 Legal rate of interest 355 Rates on loans secured by secondary security deeds 1281 INTERSTATE AGREEMENT ON DETAINERS Act amended 652 IRWIN COUNTY Salaries of clerical assistants 3681 Small claims court 3696 J JACKSON COUNTY Compensation of named officials 4147

Page 5109

JASPER COUNTY Additional superior court judge 769 Deputy coroner 3263 Small claims court 4322 Terms of superior court 503 JASPER COUNTY, SUPERIOR COURT OF Terms of court 503 JEFF DAVIS COUNTY Compensation of board of commissioners 4308 JEFFERSON COUNTY Compensation of clerk of superior court 3743 Sheriff's compensation 3642 JEFFERSON COUNTY, STATE COURT OF Compensation of judge and solicitor 3640 JENKINS COUNTY Compensation of board of commissioners 4342 Coroner's compensation 4344 Small claims court jurisdiction 4054 JOHNSON, MRS. PENNY D. Compensation 4685 JONES COUNTY Additional superior court judge 769 JURIES Oath of jury on voir dire 1048 Revision of jury lists 3 JUVENILE COURTS Jurisdiction over juveniles 1179 , 1404 JUVENILES Places of detention 774 K KELLEY, MRS. SUSIE B. Compensation 4698

Page 5110

KENNESAW, CITY OF Corporate limits 4332 KIDD, J. L. Land conveyance authorized 567 L LABOR, DEPARTMENT OF Supplemental appropriation 1081 LAMAR COUNTY Compensation of tax commissioner 4155 Probate judge's compensation 4157 LANDSCAPE ARCHITECTS, STATE BOARD OF Members 378 LAURENS COUNTY City of Dublin and Laurens County Development Authority amended 3109 Compensation of judge of probate court 3953 Compensation of tax commissioner 3956 Small claims court created 3071 LAURENS COUNTY, STATE COURT OF Practice of law by judge 3065 LEE COUNTY Clerical assistants for probate court 3663 Compensation of sheriff, etc. 3661 Personnel in tax commissioner's office 3665 LEGAL SERVICES FOR THE POOR Program in certain counties (600,000 or more) 3131 LEGISLATIVE RETIREMENT SYSTEM ACT Amended 931 LEGISLATIVE SERVICES COMMITTEE Membership 795

Page 5111

LIABILITY INSURANCE FOR STATE EMPLOYEES ACT Amended 674 LIBERTY COUNTY Compensation of clerk of judge of probate court 4425 Compensation of clerk of superior court 4454 Compensation of district attorney, etc. 584 LIBERTY COUNTY, STATE COURT OF Salaries of judge and solicitor 3280 LIBRARIES, PUBLIC Expenses of board members 636 LIENS Mechanics' liens on personalty 902 LIVESTOCK Eradication and control of diseases 1035 LOCAL OPTION SALES TAX Code Chapter 91A-46 amended 446 LONE OAK, TOWN OF Elections of mayor and council, etc. 4203 LONG COUNTY Compensation of clerk of superior court 4047 Compensation of district attorney, etc. 584 Compensation of judge of probate court 4024 Compensation of tax commissioner 4045 Sheriff's salary 4030 LONG COUNTY, STATE COURT OF Compensation, selection, etc. of judge and solicitor 4379 LOUISVILLE, CITY OF Compensation of named officials 3746 LOWNDES COUNTY Small Claims Court Act amended 4094

Page 5112

LOWNDES COUNTY, STATE COURT OF Compensation of judge and solicitor 4097 LUMBER CITY, CITY OF Municipal court, etc. 3490 LUMPKIN COUNTY Compensation of county commissioner 4511 Compensation of judge of probate court and clerk of superior court 4508 Compensation of tax commissioner 4513 LYONS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments M MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT Act amended 3816 MACON, CITY OF Land conveyance authorized 1386 Municipal warrant clerks 3867 MADISON, CITY OF Charter amended 4018 MALT BEVERAGES Sale by Coliseum authorities in certain counties (145,000-165,000) 349 MARIETTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Board of lights and waterworks 4698 MARIJUANA Controlled Substances Act amended 1258 MARRIAGE Persons able to contract 872

Page 5113

MATERNAL AND INFANT HEALTH COUNCIL Membership 766 McDUFFIE COUNTY Compensation of chairman of board of commissioners 3998 Compensation of named officials 3994 Small Claims Court Act amended 3844 McINTOSH COUNTY Compensation of clerk of superior court 4427 Compensation of district attorney, etc. 584 Compensation of judge of probate court 4429 Compensation of tax commissioner 4423 Small claims court 4431 McMILLAN, GEORGE H. George H. McMillan Bridge designated 1371 McRAE, CITY OF Police court, penalties 3488 MEAT INSPECTION ACT Amended 1037 MECHANICS' LIENS Liens on personalty 902 MEDAL OF HONOR WINNERS' LICENSE PLATES ACT Enacted 887 MEDICAL ASSISTANCE ACT OF 1977 Amended 1293 MEDICAL ASSOCIATION OF ATLANTA Commended 498 MEDICAL EXAMINERS, COMPOSITE BOARD OF Members, etc. 382 MEDICINE, PRACTICE OF Joint advisory board of family practice 642

Page 5114

MENTAL HEALTH Provisional licenses 1023 MENTAL HEALTH Hospitalization, treatment, etc. for the mentally ill 723 MENTALLY RETARDED PERSONS Habilitation 734 MERIWETHER COUNTY Compensation of clerical help in office of clerk of superior court 3041 Compensation of superior court court reporter 530 Compensation of tax commissioner 3044 Small claims court created 3031 METROPOLITAN ATLANTA RAPID TRANSIT SYSTEM Amended 4634 MIDWAY MUSEUM, INC. Land conveyance authorized 1397 MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 886 MILKEY, HERBERT C., SR. Compensation 4683 MILLEDGEVILLE-BALDWIN COUNTY RECREATION COMMISSION Lease agreement authorized 575 MILLEDGEVILLE, CITY OF Recorder's residence 3261 Tax assessments 3373 MOBILE HOMES Uniform Standards Code amended 1286 MONROE, CITY OF Water, Light and Gas Commission 3869

Page 5115

MONROE COUNTY Compensation of judge of probate court 4032 Office of treasurer abolished 4034 MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Bonds, etc. 4319 MONTGOMERY COUNTY Selection of board of education, referendum 3151 MORGAN COUNTY Additional superior court judge 769 MORVEN, CITY OF New charter 3716 MOTION PICTURE FAIR COMPETITION ACT Enacted 427 MOTOR CONTRACT CARRIERS Definitions, etc. 651 MOTOR FUEL TAXES Taxes, etc. 1274 , 1278 MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 594 MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISE PRACTICES ACT Amended 1625 MOTOR VEHICLE SAFETY INSPECTION ACT Amended 906 MOTOR VEHICLES Act regulating traffic on highways amended 775 Certificate of title Act amended 1108 Serious injuries, crimes 768 Motor Vehicle Emission Inspection and Maintenance Act 1213

Page 5116

Reports of accidents 826 Serion injuries, crimes 768 Seven year license plates 615 Trailer license fees 1038 MOULTRIE, CITY OF Corporate limits 3872 MULLINS HOMES, INC. Land conveyance 1367 MUNICIPAL ELECTION CODE Amended 960 , 964 , 967 , 968 , 970 Absentee ballots 631 Hours of opening and closing polls in certain municipalities (300,000 or more) 1010 Public Officers Recall Act 1612 MUNICIPAL PENSION SYSTEMS Amended as to certain municipalities (more than 300,000) 3613 , 3625 , 3627 , 3637 MUNICIPALITIES Contracts by certain municipal governmental authorities (120,000-150,000) 521 Endorsement of fiscal standards 1366 Ordinances relating to sexual offenses 131 Powers 645 Sales by employees to certain municipalities (3,760-3,850) 536 MYRICK, JAMES R. Compensation 4691 N NATURAL RESOURCES See also Game and Fish Coastal Management Act of 1978 amended 1302 Shore Assistance Act of 1979 1636 NON RESIDENT INDIGENT HEALTH CARE FUND Act amended 1234 NORTHROP, BRUCE D. Compensation 4690

Page 5117

NUISANCES Houses of prostitution 1025 NURSING, STATE BOARD OF Members, etc. 380 NURSING HOMES, STATE BOARD OF Members, etc. 385 O OAKWOOD, CITY OF New charter 3089 OCCUPATIONAL THERAPY Recreational therapists 1233 OCMULGEE JUDICIAL CIRCUIT Additional judge 769 Terms in Jasper County 503 OCONEE COUNTY Expenses of sheriff's office, etc. 4550 Small claims court 4575 ODUM, CITY OF Elections, etc. 4660 OFFENDER REHABILITATION, DEPARTMENT OF Cost of maintaining certain prisoners 376 OGLETHORPE ELECTRIC MEMBERSHIP CORPORATION Easement authorized 546 OIL CHEMIST, STATE Duties, etc. 981 OMBUDSMAN PROGRAM IN LONG-TERM CARE FACILITIES Health Code amended 1240

Page 5118

OUTDOOR ADVERTISING Department of Transportation 1086 OXFORD, TOWN OF Taxes on insurance companies 3984 P PARDONS AND PAROLES Execution of warrants 1020 Reimbursement of certain expenses to counties 798 PATIENT COST OF CARE ACT Enacted 834 PAULDING COUNTY Compensation of tax commissioner 4559 Terms of superior court 518 PAUPERS Interment in certain counties (60,000-65,000) 3554 PAYNE, JAMES S., JR. Compensation 4688 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 430 PEACH COUNTY Byron Development Authority Act 4175 PEARSON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments PERRY, CITY OF Electors 3056 Homestead exemptions, proposed Amendment to the Constitution 1817

Page 5119

PERRY DEVELOPMENT AUTHORITY Act amended 3058 PERSONNEL BOARD, STATE Duties, etc. 780 Health insurance for public school employees 1290 PETERSON, WILLIAM T. Compensation 4684 PHARMACISTS, PHARMACY AND DRUGS Act regulating, amended 859 PIERCE COUNTY Clerk of superior court placed on salary basis 3988 PIKE COUNTY Compensation of clerk of superior court 4009 Compensation of judge of probate court 4006 Retirement home authority, proposed amendment to the constitution 1832 Sheriff's salary 4012 Tax commissioner's compensation 4004 PINEVIEW, TOWN OF Ad valorem taxation 4131 PLUMBING FACILITIES Exceptions to 1978 Act 776 PODIATRY, BOARD OF EXAMINERS Members 612 POLITICAL SUBDIVISION EMPLOYEES Deferred compensation 592 POLK COUNTY Sheriff's deputies 3707 Tax commissioner's compensation, etc. 4370 Terms of superior court 518 POLK COUNTY WATER AUTHORITY Revenue bonds 3478

Page 5120

POOLER, TOWN OF Corporate limits 4242 POST MORTEM EXAMINATION ACT Amended 1321 POWDER SPRINGS, CITY OF New charter 3437 POWER, MRS. MATTIE LEE Compensation 4644 PRACTICE AND PROCEDURE Adoption Code amended 1182 Appellate and other posttrial procedure 619 Discovery 1041 Persons competent and compellable to testify 1261 Sheriff's fees 988 PRESIDENTIAL PREFERENCE PRIMARY Election Code amended 1316 PRIVACY Exemption of law enforcement officers, etc. 824 PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY ACT Project defined 1069 PROBATE COURTS Clerks' bonds 875 Judges' compensation in certain counties (15,300-15,800) 4456 Judges' qualifications in certain counties (100,000 or more) 954 Judges' salaries in certain counties (145,000-165,000) 4195 PROBATE JUDGES Vacancies in certain counties (180,000-190,000) 537 PROBATE JUDGES RETIREMENT ACT Amended 596

Page 5121

PROFESSIONAL STANDARDS ACT Members, etc. 1065 PROPERTIES CODE, STATE Amended 1028 PROPERTY INSURANCE Defined 804 PROPERTY, STATE Inventory of personal property owned by State 1245 PROSTITUTION, HOUSES OF Abatement of nuisances 1025 PSYCHOLOGISTS, APPLIED Licensing Act amended 843 PUBLIC HEALTH CODE Amended 1042 PUBLIC LIBRARIES Expenses of board members 636 PUBLIC OFFICERS RECALL ACT Enacted 1612 PUBLIC REVENUE CODE See also Revenue Amended 5 Integrated tax administration 1078 PUBLIC SAFETY, DEPARTMENT OF Clothing allowances 1072 Commissioner's salary 392 Driver's records 142 Driving with suspended or revoked license 1049 Motor Vehicle Safety Inspection Act 906 Regulation of use of Radar speed detection devices 771 Report of Accidents 826 Security, etc. for Governor's family 143

Page 5122

PUBLIC SALES Hours of holding 833 PUBLIC SCHOOL DISCIPLINARY TRIBUNAL ACT Enacted 663 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 884 PUBLIC SERVICE COMMISSION Discovery rights 1084 Fuel adjustment clauses 1312 PUBLIC TRANSPORTATION CODE Amended 973 PULASKI COUNTY Compensation of named county officers 4129 PUTNAM COUNTY Additional superior court judge 769 Compensation of board of commissioners 3496 Sheriff's compensation 3394 R RABUN COUNTY Compensation of Tax Commissioner 3472 Sheriff's salary, etc. 3473 Terms of superior court, etc. 578 RACES, REGISTRATION BY Repealed 948 RADAR SPEED DETECTION DEVICES Use regulated 771 RADIATION CONTROL ACT Amended 1059 RANGER, TOWN OF New charter 4208

Page 5123

REAL ESTATE Certain practices prohibited 345 Legal interest rates 357 Real Estate Commission Act amended 1203 RECALL Public Officers Recall Act 1612 Salaries in certain counties (180,000-190,000) 3085 RECORDERS Judges in certain counties (180,000-190,000) 4185 RECREATIONAL THERAPISTS Occupational Therapy Licensing Act amended 1233 REGISTRATION OF INDIVIDUALS BY RACE Repealed 948 REIDSVILLE, CITY OF Election of mayor, etc. 4388 RESIDENTIAL FINANCIAL AUTHORITY ACT Amended, bonds 1266 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES Powers 1006 RESTAURANTS Assistance to persons choking 1272 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1011 RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, local option sales tax 446 RETIREMENT See also name of retirement system . Pension systems for members of paid fire departments in certain municipalities amended (more than 300,000) 3618 , 3620 , 3630 , 3633

Page 5124

Pension system for members of police departments amended (more than 300,000) 3616 , 3623 , 3629 , 3635 Systems amended as to certain municipalities (more than 300,000) 3613 , 3265 , 3627 , 3732 , 3737 REVENUE See also Public Revenue Alcoholic beverages, brokers and importers 923 Alcoholic beverages, licenses in certain counties (175,000-195,000) 929 Computation of income tax, etc. 888 Current Income Tax Payment Act of 1960 amended 926 Homestead exemption from ad valorem taxation 830 Income tax, definitions 901 Integrated Tax Administration 1078 Licensing, etc. of nonprofit bingo games 1265 Medal of Honor Winners' License Plates 887 Members of Boards of Tax Assessors in certain counties (10,500-10,600) 514 Motor fuel taxes 1274 , 1278 Motor Vehicle Certificate of Title Act amended 1108 Proportional registration of commercial vehicles 1015 Public Revenue Code amended 5 Public Revenue Code amended, nonprofit bingo games 1075 Quarterly returns and payment of taxes 1178 Review of tax assessments in certain counties (400,000-550,000) 519 Sale of alcoholic beverages in certain counties (145,000-165,000) 351 Sale of alcoholic beverages on Sundays in certain counties (6,530-6,600) 510 Sale of malt beverages by Coliseum Authorities in certain counties (145,000-165,000) 349 Seven year motor vehicle licenses plates 615 Tax returns in certain counties (63,000-72,000) 538 Taxation of insurance premiums 850 Trailer license fees 1038 Wine tax law amended 922 REWARDS Arrest of felons 1173 REYNOLDS, CITY OF Municipal Court 3645

Page 5125

RICHMOND COUNTY Board of education 3990 Homestead exemptions, proposed amendment to the Constitution 1802 RINCON, TOWN OF Qualifications of recorder 3083 RIVERDALE, CITY OF Charter amended 4460 , 4462 Elections 4464 ROBBINS, MRS. ANNA L. Compensation 4693 ROCKDALE COUNTY See also Tabular IndexCounty MattersHome Rule Actions Act abolishing office of treasurer amended 3172 Compensation of board of commissioners 3166 Coroner's salary 3159 Jurisdiction of magistrate's court 3169 Probate judge's salary 3164 Salary of clerk of superior court 3162 Sheriff's compensation 3161 Tax Commissioner's salary 3168 ROCKMART, CITY OF Homestead exemptions, proposed amendment to the Constitution 1792 Recorder's Court 4373 ROME, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Homestead exemptions, proposed amendment to the Constitution 1825 ROOSEVELT, FRANKLIN D. Warm Springs Pools and Springs Site Commission 997 ROSWELL, CITY OF Corporate limits 3113

Page 5126

S ST. MARYS AIRPORT AUTHORITY Act amended 3278 ST. MARYS, CITY OF City Court 3273 SAND HILL, CITY OF New charter, referendum 4245 SARDIS, CITY OF Elections, etc. 3865 SASSER, TOWN OF Corporate limits 3769 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Land conveyance authorized 565 SCHOOL BUS DRIVERS Compensation 1055 SECRETARY OF STATE Act providing for registration and regulation of cemeteries amended 1305 Securities Act of 1973 amended 1296 SECURITIES Securities Act of 1973 amended 1296 SECURITY DEEDS Interest rates 1281 SEMINOLE COUNTY Coroner's salary 3819 SERVICES FOR THE AGED Study Committee created 1369

Page 5127

SHERIFFS Fees 988 Minimum salaries 1248 Salaries in certain counties (145,000-165,000) 4195 SHERIFF'S RETIREMENT FUND OF GEORGIA ACT Amended 994 SHORE ASSISTANCE ACT OF 1979 Enacted 1636 SOIL AND WATER CONSERVATION COMMISSION Executive Director's salary 392 SOUTHERN INTERSTATE NUCLEAR COMPACT Amended, name changed 806 SOUTHERN STATES ENERGY COMPACT Name changed from Southern Interstate Nuclear Compact 806 SMYRNA, CITY OF Homestead exemptions, proposed amendment to the Constitution 1844 SPALDING COUNTY Compensation of Board of Commissioners 3454 Compensation of Tax Commissioner 4135 Compensation of named officials 4138 Coroner's compensation 3452 School district ad valorem taxes, proposed amendment to the constitution 1793 SPALDING COUNTY, STATE COURT OF Compensation of judge and solicitor 4301 SPIRIT CREEK CATTLE FARM, INC. Lease of land authorized 1382 STATE BUILDING ADMINISTRATIVE BOARD Termination date 821

Page 5128

STATE PROPERTIES CODE Amended 816 STATE PROPERTY Inventory of personal property 1295 STATE COURTS See also named court Judge's salaries in certain counties (145,000-165,000) 4195 STATE DEPOSITS Funds, etc. 399 STATE EMPLOYEES Deferred compensation 592 STATE EMPLOYEES' LIABILITY INSURANCE ACT Amended 674 STATE OIL CHEMIST Duties, etc. 981 STATE OWNED SURPLUS PROPERTY Disposition 1071 STATE PERSONNEL BOARD ACT Amended, duties, etc. 780 STATE PROPERTIES CODE Amended 1028 STATE SCHOLARSHIP COMMISSION Director's salary 392 STATE SONG Georgia on My Mind designated as State song 1425 STATE WILD FLOWER Azalea designated 1387 STATESBORO, CITY OF Downtown Statesboro Development Authority, proposed amendment to the Constitution 1841

Page 5129

STEPHENS COUNTY Terms of Board of Commissioners, referendum 3047 Terms of Superior Court, etc. 578 STEWART COUNTY Compensation of Commissioner 4089 SUMTER COUNTY Small Claims Court created 3194 Treasurer's compensation 3175 SUMTER COUNTY, STATE COURT OF Terms of court, solicitor, etc. 3173 SUPERIOR COURT CLERKS See also named county Compensation in certain counties (15,300-15,800) 4456 Salaries in certain counties (145,000-165,000) 4195 Salaries in certain counties (180,000-190,000) 3085 SUPERVISOR OF PURCHASES Merchandise produced by training centers, etc. 1318 SUPPLEMENTAL APPROPRIATIONS ACT Enacted 144 , 778 SUPREME COURT Fee to take bar examination 502 Places of holding oral arguments 1107 SURPLUS PROPERTY Disposition of State owned surplus property 1071 SWAINSBORO, CITY OF Corporate limits 4466 SWINE MYCOBACTERIOSIS INDEMNIFICATION ACT Enacted 1032 T TALBOTTON, CITY OF Charter amended 4376

Page 5130

TALIAFERRO COUNTY Compensation, etc. of deputy sheriffs 4368 Probate judge placed on salary basis 3486 Tax Commissioner placed on salary basis 4365 TATTNALL COUNTY Compensation of district attorney, etc. 584 TATTNALL COUNTY, STATE COURT OF Judge's compensation, etc. 4026 TAX ASSESSORS Members of boards in certain counties (10,500-10,600) 514 TAX COLLECTORS Minimum salaries 1250 TAX COMMISSIONERS Minimum salaries 1250 Salaries in certain counties (180,000-190,000) 3085 Secretaries in certain counties (9,000-9,200) 3457 Salaries in certain counties (145,000-165,000) 4195 TAX REFORM COMMISSION Authority to employees 129 TAYLOR COUNTY Compensation of Tax Commissioner 4457 Sheriff's compensation 4206 TEACHER'S RETIREMENT SYSTEM ACT Amended 918 , 930 , 1196 Membership 1007 Minimum retirement benefits, etc. 1004 Salary of Executive Secretary-Treasurer 392 Transfer of credit from certain municipal systems (more than 300,000) 3606 TELFAIR COUNTY School districts, referendum 3539 Small Claims Court 3527 , 4562 TERRELL COUNTY Small Claims Court created 3012

Page 5131

THOMAS COUNTY Higher Education Authority Act 3288 Higher Education Authority, proposed amendment to the Constitution 1788 THOMASTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits 3686 THURMOND, CHARLES, JR. Land conveyance authorized 563 TOLLWAYS Toll powers of highway and tollway authorities 1091 TOOMBS COUNTY Board of Commissioners 3086 Compensation of Tax Commissioner 3977 Sheriff's compensation 3980 Small Claims Court Act, amended 4384 TOOMBS COUNTY, STATE COURT OF Compensation of judge and solicitor 3974 TOOMSBORO, CITY OF New charter 3499 TOWNS COUNTY Compensation of clerk of Superior Court 3400 Compensation of sheriff and deputies 3398 Tax collector's salary 3402 Terms of Superior Court, etc. 578 TRANSPORTATION CODE, GEORGIA Amended 439 TRANSPORTATION, COMMISSIONER OF Salary 392 TRANSPORTATION, DEPARTMENT OF Outdoor advertising signs 1086

Page 5132

TRANSPORTATION OF HAZARDOUS MATERIALS ACT Enacted 789 TRAPPERS AND FUR DEALERS ACT Amended 800 TRASH RECEPTACLES Placement, etc. in certain counties (8,100-8,230) 3983 TREUTLEN COUNTY Clerk of Superior Court placed on salary basis 3134 Compensation of Board of Commissioners 3140 Probate judge placed on salary basis 3137 Sheriff's compensation, etc. 3145 Tax Commissioner placed on salary basis 3148 TREUTLEN COUNTY, STATE COURT OF Salaries of judge and solicitor 3142 TRIBBLE, RONALD L. Compensation 4687 TROUP COUNTY Compensation of specified officers 4101 Compensation of Superior Court court reporter 530 Coroner's salary 4113 Small Claims Court judge's salary 4106 TROUP COUNTY, STATE COURT OF Salaries of judge and solicitor 4109 TUCKER, W. R. Land conveyance authorized 571 TURNER COUNTY Compensation of sheriff, etc. 3006 Deputy clerk of Superior Court 3008 TYRONE, TOWN OF Public Facilities Authority 3938

Page 5133

U UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended 775 UNIFORM COMMERCIAL CODE Modification of Warranties 756 Security interest in carpeting and padding 626 UNIFORM CRIMINAL EXTRADITION ACT Amended 412 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Amended 938 , 941 UNIFORM STANDARDS CODE FOR MOBILE HOMES Amended 1286 UNION COUNTY Terms of Superior Court, etc. 578 UNITED STATES OF AMERICA Land conveyance authorized 1377 UNIVERSITIES Campus and University policemen 1323 UNIVERSITY SYSTEM Chancellor's salary 392 UPSON COUNTY Homestead exemptions, proposed amendment to the Constitution 1854 Jurisdiction of justices of the peace, proposed amendment to the Constitution 1839 URBAN RESIDENTIAL FINANCE AUTHORITY ACT FOR LARGE MUNICIPALITIES Created in certain municipalities (400,000 or more) 4662

Page 5134

USURY Interest rates on loans secured by secondary security deeds 1281 Interest on real estate loans 357 Legal rate of interest 355 V VARNELL, CITY OF Corporate limits 3243 VESSELS Inspection by game and fish authorities 1283 VICKERS, JIMMY Compensation 4696 VIDEOTAPE Evidence, etc. in criminal cases 761 VOIR DIRE Jury Oath 1048 Questions in criminal cases 1047 W WALKER COUNTY Commissioner's compensation 4492 Compensation of employees of clerk of Superior Court 3966 Salaries of Tax Commissioner's employees, etc. 3963 Salary of Superior Court court reporter 523 WALKER COUNTY, STATE COURT OF Compensation of judge and solicitor, etc. 3959 WALLIS, H. W. Land conveyance authorized 563 WARM SPRINGS FOUNDATION Sale or lease of land authorized 1393

Page 5135

WARNER ROBINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments WARRANTIES Modification under Uniform Commercial Code 756 WASHINGTON COUNTY Compensation of clerk of Superior Court, deputies, etc. 3854 Compensation of judge of Probate Court 3858 Compensation of Tax Commissioner 3863 WASTE Hazardous Waste Management Act enacted 1127 WATER AUTHORITIES Compensation of members in certain counties (31,000-31,500) 4050 WAYNE COUNTY Compensation of clerk of Superior Court 4632 WEBSTER COUNTY Commissioner's compensation 3733 Tax Commissioner placed on salary basis 4091 Treasurer's compensation 4354 WEIGHTS AND MEASURES Penalties by Commissioner of Agriculture 655 WELCOME CENTERS Near Federal Highways 132 WHITE, CITY OF Mayor's Court 3934 WHITE, JULIUS Compensation 4692 WHITFIELD COUNTY Land conveyance authorized 559 Lease of land in Whitfield County authorized 1373 Small Claims Court Act amended 3068

Page 5136

WILD DOGS Elimination of wild or abandoned dogs 849 WILKES COUNTY Clerical assistance for judge of probate court 3375 Compensation of board of commissioners 3377 WILKINSON COUNTY Additional superior court judge 769 Compensation of board of commissioners 3267 Compensation of deputy sheriffs, etc. 3265 Small claims court 3257 WILLS AND ADMINISTRATION OF ESTATES Renunciation of succession 1292 Year's support, etc. 1325 WINE TAX LAW Amended 922 WITNESSES Persons competent and compellable to testify 1261 WORKERS' COMPENSATION SUBSEQUENT INJURY TRUST FUND ACT Amended 891

Page 5137

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 5140

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 5142

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 Pen 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 5144

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1978-1979 Name District Address Allgood, Thomas F. 22nd P.O. Box 1523 Augusta 30903 Ballard, W. D. Don 45th Home: 405 Haygood St. Oxford 30267 Office: 1122 Monticello St. Covington 30209 Barker, Ed 18th 244 Peachtree Cir. P.O. Box KK 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 Bryant, Glenn E. 3rd P.O. Box 585 Hinesville 31313 Carter, Hugh A. 14th P.O. Box 99 Plains 31780 Cobb, Kyle T. 28th 1504 Kalamazoo Drive Griffin 30223 Coverdell, Paul D. 40th Suite 607, 1447 Peachtree St., N.E., Atlanta 30309 Dean, Nathan 31st Box 606 Rockmart 30153 Duncan, J. Ebb 30th W. Club Drive Carrollton 30117 Eldridge, Frank, Jr. 7th P.O. Box 1968 Waycross 31501 English, Bill 21st P.O. Box 521 Swainsboro 30401 Evans, Todd 37th P.O. Box 8276, Station F Atlanta 30306 Fincher, Dan H. 52nd Rt. 10, Horseleg Creek Rd. Rome 30161 Fincher, W. W. (Bill), Jr. 54th 615 Green Rd. Chatsworth 30705 Foster, John C. 50th Box 100 Cornelia 30531 Gillis, Hugh M., Sr. 20th 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 31702 Horton, Janice 17th 430 Burke Circle McDonough 30253 Howard, Pierre 42nd 600 First Nat Bank Bldg. Decatur 30030 Hudgins, Floyd 15th P.O. Box 12127 Columbus 31907 Hudson, Perry J. 35th 3380 Old Jonesboro Road, Hapeville 30354 Johnson, Edward H. (Ed) 34th 506 Locke St. Palmetto 30268 Kennedy, Joseph E. 4th P.O. Box 246 Claxton 30417 Kidd, Culver 25th P.O. Box 370, Milledgeville 31061 Land, Ted J. 16th 3736 Woodruff Rd. Columbus 31904 Langford, James Beverly 51st P.O. Box 277 Calhoun 30701 Lester, Jimmy 23rd 1st Federal Bldg. 985 Broad St. Augusta 30902 Littlefield, Bill 6th First Federal Plaza, Suite 404, 777 Gloucester St. Brunswick 31520 McGill, Sam P. 24th Washington 30673 Overby, Howard T. 49th 1173 Riverside Dr., N.E. Gainesville 30501 Paulk, James L. (Jimmy) 13th P.O. Box M Fitzgerald 31750 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 31210 Russell, Henry P., Jr. 10th Route 1 Boston 31626 Scott, Thomas R. (Tom) 43rd 2887 Alameda Trail Decatur 30034 Starr, Terrell A. 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Dr., 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 Woodlawn Blakely 31723 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 H. 2nd P.O. Box 8002 Savannah 31412

Page 5147

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1978-1979 District Name Address 1 John R. Riley P.O. Box 9641, Savannah 31402 2 Charles H. Wessels P.O. Box 8002, Savannah 31412 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Robert H. Bob Bell 2535 Henderson Mill Road, N.E., Atlanta 30345 6 Bill Littlefield First Federal Plaza - Suite 404 777 Gloucester St., Brunswick 31520 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 Janice Horton 430 Burke Circle, McDonough 30253 14 Hugh A. Carter P.O. Box 99, Plains 31780 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 16 Ted J. Land 3736 Woodruff Rd., Columbus 31904 17 Janice Horton 430 Burke Circle, McDonough 30253 18 Ed Barker P.O. Box KK, 244 Peachtree Cir., Warner Robins 31093 19 James Ronald Ronnie Walker Sweet Gum Rd., P.O. Box 461, McRae 31055 20 Hugh M. Gillis, Sr. Soperton 30457 21 Bill English P.O. Box 521, Swainsboro 30401 22 Thomas F. Allgood P.O. Box 1523, Augusta 30903 23 Jimmy Lester First Federal Bldg., 985 Broad St., Augusta 30902 24 Sam P. McGill Washington 30603 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 Cir., Macon 31210 28 Kyle T. Cobb 1504 Kalamazoo Dr., Griffin 30223 29 Render Hill P.O. Box 246, Greenville 30222 30 J. Ebb Duncan West Club Dr., Carrollton 30117 31 Nathan Dean Box 606, Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Edward H. (Ed) Johnson 506 Locke St., Palmetto 30268 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484 Macon Dr., Atlanta 30315 37 Todd Evans P.O. Box 8276, Station F, Atlanta 30306 38 Dr. Horace E. Tate 621 Lilla Dr., S.W., Atlanta 30310 39 Julian Bond 361 Westview Dr., S.W., Atlanta 30310 40 Paul D. Coverdell Suite 607 - 1447 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. (Tom) Scott 2887 Alameda Tr., Deactur 30034 44 Terrell A. 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 30215 49 Howard T. Overby 1173 Riverside Dr., N.E., Gainesville 30501 50 John C. Foster Box 100, Cornelia 30531 51 James Beverly Langford P.O. Box 277, Calhoun 30701 52 Dan H. Fincher Rt. 10, Horseleg Creek Rd., Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W. (Bill) Fincher, Jr. 615 Greene 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 5149

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 99-104 Bleckley 117 Brantley 138, 152 Brooks 147 Bryan 107 Bulloch 81, 82 Burke 82, 83 Butts 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 Sthepens 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 5151

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1978-1979 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 30603 Auten, Dean G. 154 628 King Cotton Row Brunswick 31520 Balkcom, Ralph J. 140 Route 1 Blakely 31723 Bargeron, Emory E. 83 801 Walnut St. P.O. Box #447 Louisville 30434 Battle, Joseph A. 124 2308 Ranchland Drive Savannah 31404 Baugh, Wilbur Edwin 108 Box 926 - Gordon Road Milledgeville 31061 Beal, Alveda King 28 385 Pine St., N.E. Atlanta 30308 Beck, James M. 148 2427 Westwood Drive Valdosta 31601 Benefield, Jimmy D. 72-Post 2 Home: 6656 Morning Dove Place Jonesboro 30236 Bus: Amoco Oil Co. P.O. Box 5077 Atlanta 30302 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 Bostick, Henry 146-Post 1 P.O. Box 94 Tifton 31794 Branch, Paul S., Jr. 137 P.O. Box 99 Fitzgerald 31750 Bray, Claude A., Jr. 70 617 Mayes Way Manchester 31816 Buck, Thomas B., III 95 P.O. Box 196 Columbus 31902 Burruss, A. L. (Al) 21-Post 2 P.O. Box 6338-A Marietta 30065 Burton, Joe 47 2598 Woodwardia Road, N.E. Atlanta 30345 Canty, Mrs. Henrietta Mathis 38 2211 Cascade Rd., S.W. Atlanta 30311 Carnes, Charles L. 43-Post 1 1079 Spring St., N.W. Atlanta 30309 Carrell, Bobby 75 P.O. Box 690 Monroe 30655 Cason, Gary C. 96 3128 College Dr. Columbus 31907 Castleberry, Don 111 P.O. Box 377 Richland 31825 Chamblin, Richard 73 630 North Henry Blvd. Stockbridge 30281 Chance, George 129 P.O. Box 373 Springfield 31329 Cheeks, Donald E. 89 714 Westminster Court Augusta 30909 Childers, E. M. (Buddy) 15 15 Kirkwood St. Rome 30161 Childs, Mrs. Mobley (Peggy) 51 520 Westchester Dr. Decatur 30030 Clark, Betty J. 55 P.O. Box 17852 Atlanta 30316 Clark, Louie Max 13-Post 1 RFD #2 Danielsville 30633 Clifton, A. D. 107 Route 2 Metter 30439 Clifton, Thomas B. (Tommy), Jr. 121 P.O. Box 660 Lyons 30436 Colbert, Luther S. 23 140 Calais Court Roscwell 30075 Coleman, Terry L. 118 1201 Fourth Ave. Eastman 31023 Collins, Marcus E., Sr. 144 Route 1 Pelham 31779 Colwell, Carlton 4-Post 1 P.O. Box 6 Blairsville 30512 Connell, Jack 87 P.O. Box 308 Augusta 30903 Res.: 706 Montrose Ct. Augusta 30904 Cooper, Bill 19-Post 3 2432 Powder Springs Rd., Marietta 30064 Cox, Walter E. 141 202 West St. Bainbridge 31717 Crawford, John G. 5 Rural Rte. 1, Box 404 Lyerly 30730 Crosby, Tom, Jr. 150 705 Wacona Dr. Waycross 31501 Culpepper, Bryant 98 Quail Hollow Fort Valley 31030 Daniel, G. F. (Danny), Jr. 88 803 Johns Road Augusta 30904 Daugherty, J. C., Sr. 33 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Davis, Burl 99 Law Plaza 740 Mulberry St. Macon 31201 Dean, Douglas C. 29 356 Arthur St., S.W. Atlanta 30310 Dent, R. A. 85 1120 Pine Street Augusta 30901 Dixon, Harry D. 151 1303 Coral Road Waycross 31501 Dover, William J. (Bill) 11 Timbrook Hollywood 30523 Edwards, Ward 110 P.O. Box 146 Butler 31006 Elliott, Ewell (Hank), Jr. 49 411 Decatur Fed. Bldg., Decatur 30030 Evans, Warren D. 84 P.O. Box 539 Thomson 30824 Felton, Mrs. Dorothy 22 465 Tanacrest Drive, N.W., Atlanta 30328 Fortune, James R. (Jim), Jr. 71-Post 1 P.O. Box 116 Griffin 30224 Foster, R. L. 6-Post 2 4899 Tibbs Bridge Rd., S.E., Dalton 30720 Fuller, Ken 16 5 Lenox Circle Rome 30161 Galer, Mary Jane 97 7236 Lullwater Rd., Columbus 31904 Gammage, Lynn 17 106 N. College St. Cedartown 30125 Gignilliat, Arthur M., Jr. 122 36 Althea Pkwy. Savannah 31405 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 Bldg. Atlanta 30303 Ham, Benson 80 20 E. Main St. Forsyth 31029 Hamilton, Mrs. Grace T. 31 582 University Pl., N.W., Atlanta 30314 Hanner, Bob 130 Route 1 Parrott 31777 Harris, Joe Frank 8-Post 1 712 West Avenue Cartersville 30120 Harrison, Carl 20-Post 2 P.O. Box 1374 Marietta 30060 Hasty, William G. Bill, Jr. 8-Post 2 R-8 Hilton Drive Canton 30114 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 Rt. #3 Chattanooga, Tenn. 37409 Hill, Bobby L. 127 923 W. 37th St. Savannah 31401 Holmes, Bob 39 2073 Cascade Rd., S.W. Atlanta 30311 Horne, Frank 104 612 Ga. Power Bldg. Macon 31201 Horton, Gerald T. 43-Post 2 1230 Healey Bldg. 57 Forsyth St., N.W. Atlanta 30303 Housley, Eugene (Gene) 21-Post 1 1011 Housley Rd. Marietta 30066 Hutchinson, R. S. Dick 133 915 6th Avenue Albany 31701 Irvin, Jack 10 Route 1 Baldwin 30511 Isakson, Johnny 20-Post 1 1584 Roswell Rd. Marietta 30060 Jackson, Jerry D. 9-Post 3 P.O. Box 7275 Chestnut Mtn. 30502 Jackson, William S. (Bill) 77 3907 Washington Rd. Martinez 30907 Jessup, Ben 117 101 Cherry St. Cochran 31014 Johnson, Gerald L. 66-Post 1 P.O. Box 815 Carrollton 30117 Johnson, Philip A. 74 P.O. Box 846 Covington 30209 Johnson, Rudolph 72-Post 4 5604 Reynolds Rd. Morrow 30260 Johnston, Joe J. 56-Post 2 4190 Kimlie Cove Decatur 30035 Jones, Bill 78 233 McDonough Rd. Jackson 30233 Jones, Herbert, Jr. 126 413 Arlington Rd. Savannah 31406 Kaley, Max D. 19-Post 2 260 Washington Ave. Marietta 30061 Karrh, Randolph C. 106 P.O. Drawer K Swainsboro 30401 Kemp, Ren D. 139 P.O. Box 497 Hinesville 31313 Kilgore, Thomas Mac 65 1992 Tara Circle Douglasville 30135 Knight, Nathan G. 67 P.O. Box 1175 Newnan 30263 Lambert E. Roy 112 Home: 543 N. Main St. Office: P.O. Box 169 Madison 30650 Lane, Dick 40 2704 Humphries St. East Point 30344 Lane, W. Jones 81 P.O. Box 484 Statesboro 30458 Lawson, Bobby 9-Post 2 660 Fulton Drive Gainesville 30501 Lee, Wm. J. Bill 72-Post 1 5325 Hillside Dr. Forest Park 30050 Linder, John 44 5039 Winding Branch Drive, Dunwoody 30338 Logan, Hugh 62 1328 Prince Ave. Athens 30601 Long, Bobby 142 6th Street, N.W. P.O. Box 202 Cairo 31728 Lord, Jimmy 105 P.O. Box 254 Sandersville 31082 Lucas, David E. 102 448 Woolfolk St. Macon 31201 Mangum, Wm. C. (Bill), Jr. 56-Post 1 4320 Pleasant Forest Drive, Decatur 30034 Mann, Charles C. 13-Post 3 238 Elbert Street Elberton 30635 Marcus, Sidney J. 26 845 Canterbury Rd., N.E., Atlanta 30324 Martin, Charles 60 470 Hill Street Buford 30518 Matthews, Hugh D. 145 Route 1 Moultrie 31768 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 Moody, Lundsford 138-Post 1 P. O. Box 32 Baxley 31513 Moore, James C. 152-Post 1 Route 2 West Green 31567 Mostiler, John L. 71-Post 2 150 Meadowvista Dr. Griffin 30223 Mullinax, Edwin G. (Ed) 69 P.O. Drawer 1649 LaGrange 30241 Murphy, Thomas B. 18 P.O. Land 163 Bremen 30110 Murray, Bill 116 124 W. Forsyth Street Americus 31709 Nessmith, Paul E., Sr. 82 Route #4 Statesboro 30458 Nichols, Michael C. 27 825 Penn Ave., N.E. Atlanta 30308 Nix, Ken 20-Post 3 3878 Manson Ave. Smyrna 30080 Oldham, Lucian K. 14 Home: 5 Vineland Dr. Bus.: Central Plaza Shopping Center Rome 30161 Padgett, M. J. Mike 86 Bennock Mill Rd. Augusta 30906 Paham, Bobby Eugene 109 P.O. Box 606 Milledgeville 31061 Parkman, Lillian H. 134 106 Holley Drive Albany 31705 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 P.O. Box 166 Soperton 30457 Phillips, Robert P. Bobby III 125 P.O. Box 8305 Savannah 31412 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. 135 913 Third Ave., E. 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 P.O. Box 245 Lincolnton 30817 Rowland, J. Roy 119 103 Woodridge Road Dublin 31021 Russell, John D. 64 P.O. Box 588 Winder 30680 Savage, John 25 69 Inman Circle Atlanta 30309 Scott, Albert (Al) 123 859 East 31st St. P.O. Box 1704 Savannah 31402 Scott, David 37 190 Wendell Dr., S.E. Atlanta 30315 Sise, Robert C. (Bob) 143 P.O. Box 881 Thomasville 31792 Sizemore, Earleen Wilkerson 136 Route 3 Sylvester 31791 Smith, Tommy 152-Post 2 Route 1 Alma 31510 Smith, Virlyn B. 42 330 Rivertown Road Fairburn 30213 Smyre, Calvin 92 P.O. Box 181 Columbus 31902 Snow, Wayne, Jr. 1-Post - Mailing: P.O. Box 26 Rossville 30741 Res.: Route 2, Chickamauga 30707 Steinberg, Cathey W. 46 1732 Dunwoody Place, N.E., Atlanta 30324 Swann, David J. 90 804 Camellia Rd. Augusta 30909 Thomas, Charles A., Jr. 66-Post 2 P.O. Box 686 Temple 30179 Thompson, Albert W. 93 P.O. Box 587 Columbus 31902 Tolbert, Tommy 56-Post 3 1569 Austin Dr. Decatur 30032 Townsend, Kiliaen V. R. 24 214 Townsend Place Atlanta 30327 Triplett, Tom 128 P.O. Box 9586 Savannah 31402 Tuten, James R., Jr. 153 528 Newcastle St. Brunswick 31520 Twiggs, Ralph 4-Post 2 P.O. Box 432 Hiawassee 30546 Vandiford, Douglas 53 3201 Kensington Road Avondale Estates 30002 Vaughn, Clarence R., Jr. 57 2150 Miller Chapel Rd. 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 1694 Little Fawn Drive Lawrenceville 30245 Ware, J. Crawford 68 P.O. Box 305 Hogansville 30230 Watkins, Mrs. Lottie Heywood 34 107 Mathewson Place, S.W., Atlanta 30314 Watson, Roy H. (Sonny), Jr. 114 P.O. Box 1905 Warner Robins 31093 White, John 132 P.O. Box 3506 Albany 31706 Williams, Mrs. Betty Jo 48 2024 Castleway Drive, N.E., Atlanta 30345 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 1417 Gainesville 30501

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1978-1979 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 1-Post 2 Forest P. 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 Chatsworth 30705 4-Post 1 Carlton Colwell P.O. Box 6 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 John G. Crawford RFD #1, Box 404 Lyerly 30730 6-Post 1 Roger Williams 132 Huntington Rd. 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 Ave. Cartersville 30120 8-Post 2 William G. Bill Hasty, Sr. R-8 Hilton Dr. Canton 30114 8-Post 3 Wendell T. Anderson, Sr. Route 4 Canton 30114 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30501 9-Post 2 Bobby Lawson 660 Fulton Drive Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mtn. 30502 10 Jack Irvin Route 1 Baldwin 30511 11 William J. (Bill) Dover Timbrook Hollywood 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 Ken Fuller 5 Lenox Circle Rome 30161 17 Lynn Gammage 106 North College St. Cedartown 30125 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19 Joe Mack Wilson 77 Church Street Marietta 30060 19-Post 2 Max D. Kaley 260 Washington Ave. Marietta 30060 19-Post 3 Bill Cooper 2432 Powder Springs Rd., Marietta 30064 20-Post 1 Johnny Isakson 1584 Roswell Road Marietta 30060 20-Post 2 Carl Harrison P. O. Box 1374 Marietta 30061 20-Post 3 Ken Nix 3878 Manson Avenue Smyrna 30080 21-Post 1 Eugene (Gene) Housley 1011 Housley Road Marietta 30066 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr., N.W., Atlanta 30328 23 Luther S. Colbert 140 Calais Court Roswell 30075 24 Kiliaen V. R. Townsend 214 Townsend Place Atlanta 30327 25 John Savage 69 Inman Circle Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Rd., N.E., Atlanta 30324 27 Michael C. Nichols 825 Penn Ave., N.E. Atlanta 30308 28 Alveda King Beal 385 Pine St., N.E. 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., N.W. Atlanta 30314 33 J. C. Daugherty, Sr. 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 34 Mrs. Lottie Heywood Watkins 107 Mathewson Pl., 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 Dr., S.E. Atlanta 30315 38 Mrs. Henrietta Mathis Canty 2211 Cascade Rd., S.W. Atlanta 30311 39 Bob Holmes 2073 Cascade Rd., S.W. Atlanta 30311 40 Dick Lane 2704 Humphries St. East Point 30344 41 Greg Pilewicz 2307 Plantation Dr. East Point 30344 42 Virlyn B. Smith 330 Rivertown Road Fairburn 30213 43-Post 1 Charles L. Carnes 1079 Spring St., N.W. Atlanta 30309 43-Post 2 Gerald T. Horton 1230 Healey Building 57 Forsyth St., N.W. Atlanta 30303 43-Post 3 John J. Greer 802 Healey Building Atlanta 30303 44 John Linder 5039 Winding Branch Dr., Dunwoody 30338 45 George Williamson 3358 Rennes Drive Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place, N.E., Atlanta 30324 47 Joe Burton 2598 Woodwardia Rd., N.E., Atlanta 30345 48 Mrs. Betty Jo Williams 2024 Castleway Dr., N.E., Atlanta 30345 49 Ewell (Hank) Elliott, Jr. 411 Decatur Fed. Bldg. Decatur 30030 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 Douglas Vandiford 3201 Kensington Road Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Drive, N.E. Atlanta 30317 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr., Decatur 30034 56-Post 2 Joe J. Johnston 4190 Kimlie Cove Decatur 30035 56-Post 3 Tommy Tolbert 1569 Austin Drive Decatur 30032 57 Clarence R. Vaughn, Jr. 2150 Miller Chapel Rd. Conyers 30207 58 Cas Robinson 4720 Fellswood Drive Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Road Stone Mountain 30087 60 Charles C. Martin 470 Hill Street Buford 30518 61 Vinson Wall 1694 Little Fawn Dr. Lawrenceville 30245 62 Hugh Logan 1328 Prince Avenue Athens 30601 63 Bob Argo P.O. Box 509 Athens 30603 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 Charles A. Thomas, Jr. P.O. Box 686 Temple 30179 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 James R. (Jim) Fortune, Jr. P.O. Box 116 Griffin 30224 71-Post 2 John L. Mostiler 150 Meadowvista Dr. Griffin 30223 72-Post 1 Wm. J. Bill Lee 5325 Hillside Drive Forest Park 30050 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 5604 Reynolds Rd. Morrow 30260 73 G. Richard Chamberlin 630 North Henry Blvd. Stockbridge 30281 74 Philip A. Johnson P.O. Box 846 Covington 30209 75 Bobby Carrell P.O. Box 690 Monroe 30655 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 77 William S. (Bill) Jackson 3907 Washington Road Martinez 30907 78 Bill Jones 233 McDonough Rd. 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 P.O. Box 447 Louisville 30434 84 Warren D. Evans P.O. Box 539 Thomson 30824 85 R. A. Dent 1120 Pine St. Augusta 30901 86 M. J. Mike Padgett Bennock Mill Road Augusta 30906 87 Jack Connell Res: 706 Montrose Ct. Augusta 30904 Mailing: P.O. Box 308 Augusta 30903 88 G. F. (Danny) Daniel, Jr. 803 Johns Road Augusta 30904 89 Donald E. Cheeks 714 Westminster Ct. Augusta 30909 90 David J. Swann 804 Camilla 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. P.O. Box 709 Columbus 31902 95 Thomas B. Buck, III P.O. 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 Law Plaza740 Mulberry St. 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 Metter 30439 108 Wilbur Edwin Baugh Box 926Gordon Road Milledgeville 31061 109 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 110 Ward Edwards P.O. Box 146 Butler 31006 111 Don Castleberry P.O. Box 377 Richland 31825 112 E. Roy Lambert Home: 543 N. Main St. Office: P.O. Box 169 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 P.O. Box 166 Soperton 30457 121 Thomas B. Tommy Clifton, Jr. P.O. Box 660 Lyons 30436 122 Arthur M. Gignilliat Jr. 36 Althea Parkway Savannah 31405 123 Albert (Al) Scott 859 East 31st St. P.O. Box 1704 Savannah 31402 124 Joseph A. (Joe) Battle 2308 Ranchland Drive Savannah 31404 125 Robert P. (Bobby) Phillips, III P.O. Box 8305 Savannah 31412 126 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 127 Bobby L. Hill 923 W. 37th St. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George Chance P.O. Box 373 Springfield 31329 130 Bob Hanner Route 1 Parrott 31777 131 Charles Hatcher P.O. Box 750 Albany 31702 132 John White P.O. Box 3506 Albany 31706 133 R. S. Dick Hutchinson 915 6th Avenue Albany 31701 134 Lillian H. Parkman 106 Holley Drive Albany 31705 135 Howard H. Rainey 913 3rd Avenue, E. Cordele 31015 136 Earleen Wilkerson Sizemore Route 3 Sylvester 31791 137 Paul S. Branch, Jr. P. O. Box 99 Fitzgerald 31750 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 138-Post 2 Joe R. Greene P.O. Box 497 Jesup 31545 139 Rene D. Kemp P.O. Box 497 Hinesville 31313 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West Street Bainbridge 31717 142 Bobby Long P.O. Box 202 Cairo 31728 143 Robert C. (Bob) Sise P.O. Box 881 Thomasville 31792 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 145 Hugh D. Matthews Route 1 Moultrie 31768 146-Post 1 Henry Bostick P.O. Box 94 Tifton 31794 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. 705 Wacona Dr. Waycross 31501 151 Harry D. Dixon 1303 Coral Road Waycross 31501 152-Post 1 James C. Moore Route 2 West Green 31567 152-Post 2 Tommy Smith Route 1 Alma 31510 153 James R. Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean G. Auten 628 King Cotton Row Brunswick 31520

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1978 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 1978 25 1 24 TOTALS 870 46 43 781

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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 For466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11-2-54 For 161 Agn 626

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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4-5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For 107 Agn 58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For 463 Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393 Agn 2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a) 4,743 For:(b) 15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11-6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For516; 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: For948; Agn595 Affected area: For365; Agn400 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: For216; Agn117 Outside city vote: For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831

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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

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Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Chattahoochee 2554 Sheriffcompensation 11-4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5-7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5-7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6-3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7-9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11-4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11-4-58 For 749 Agn 98 White 3224 County Commissioners Not held

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Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4-8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4-8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5-4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5-9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4-1-59 For 109 Agn 30 Newton 2780 City of Oxford 5-1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629

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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 For151 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 For 2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn 959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3-2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn 918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 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 For1227 Agn 746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn 806

Page 5188

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4-1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5-3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10-4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page 5191

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 5194

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 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 5197

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For 55 Agn 71 Fulton 2478 City of Union City 5-8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4-1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 For 93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For 933 Agn 863

Page 5200

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 5201

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 5203

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 For 1004 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 For 1459 Agn 3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn 4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page 5205

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11-7-67 For 1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4-3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5-3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9-6-67 For 454 Agn 52 Pike 3152 County Board of Education 9-6-67 For 441 Agn 65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5-2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page 5208

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5-7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11-5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5-1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6-5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11-5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11-5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5-1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7-3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11-5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4-9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4-3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5-9-68 For 299 Agn 252 Walker 2235 County Board of Education 5-9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page 5212

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6-4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11-3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7-2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 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 5216

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 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537

Page 5219

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 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6-7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6-7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7-6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11-7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11-7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11-7-72 For 768 Agn 540 Pierce 2496 Sheriff 11-7-72 For 813 Agn 477 Pierce 2888 County CommissionerChrm. 11-7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10-2-71 For 586 Agn 254 Polk 3770 City of Aragon 6-2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6-9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6-9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8-8-72 For 403 Agn 1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12-1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page 5223

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election. For 1,309 Agn 708 Baldwin 3325 County Board of Education 11-7-72 * For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ----- ----- 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8-8-72 * For 940 Agn 1,377 Brantley 3145 Salary of deputy sheriffs 8-8-72 * For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For 841 Agn 1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results not known Camden 3138 Certain county officers salary 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 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 * For 348 Agn 901 Wilkinson 333 County Board of Education 11-7-72 * For 654 Agn 608

Page 5228

Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page 5229

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 Yes 45 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 5231

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 5233

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 5235

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 5236

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 * * 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 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 * (This election act was on a population basis and affects only Chatham County)

Page 5237

1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9-9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

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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

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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.

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Referendum Election Results: Acts of the 1978 Session of the General Assembly County Page No. SUBJECT Date of Election Result Bryan 3774 Board of Education 5-2-78 Yes: 739 No: 259 Butts 3368 Board of Education 11-7-78 * * Date of General Election 1978 Yes: 886 No: 539 Chatham 932 Alcoholic beverages on Sunday 8-8-78 ** ** Date of General Primary 1978 Yes: 2,022 No: 1,863 Chatham County (Unincorporated area) Yes: 154 No: 318 Garden City Yes: 89 No: 171 Port Wentworth Yes: 23 No: 50 Bloomingdale Yes: 85 No: 152 Pooler Yes: 142 No: 77 Thunderbolt Yes: 307 No: 171 Tybee Island Yes: 25 No: 14 Vernonburg Yes: 6,870 No: 4,768 Savannah Yes: 663 No: 166 Chatham 4132 City of Garden City 5-22-78 Yes: 14,407 No: 8,091 Chatham 4073 City of Bloomingdale Not Held Yes: 6,783 No: 9,753 Chatham 3998 City of Savannah 4-19-78 Yes: 778 No: 1,446 Chatham 4466 Municipal Court of Savannah 8-8-78 ** Yes: 2,449 No: 2,308 Chattooga 3848 Board of Education 11-7-78 * Yes: 3,710 No: 3,268 Cherokee 3029 County Commissioners 4-4-78 Yes: 887 No: 1,569 Clarke 4573 Use of School Tax in Clarke County 11-7-78 * Yes: 95 No: 96 Columbia 3359 Board of Education 11-7-78 * Yes: 18,829 No: 34,766 DeKalb 3639 City of Clarkston 10-18-78 Yes: 643 No: 1,018 DeKalb 4104 Board of Education 11-7-78 * Yes: 737 No: 232 Hart 3177 County Commissioners 11-7-78 * Yes: 202 No: 131 Macon 4217 Tax Commissioner 11-7-78 * Yes: 861 No: 300 McDuffie 3666 Board of Education 5-16-78 Yes: 453 No: 692 Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 179 No 167 Rabun 3430 Board of Education 11-7-78 * #1 386 Rockdale 3868 City of Conyers 7-8-78 #2 231 Telfair 3445 School Board and Superintendent 11-7-78 * #3 323 Thomas 3746 Tax Commissioner 11-7-78 * Yes: 2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11-7-78 * Yes: 2,683 No: 802 Thomas 3752 Clerk Superior Court, Compensation 11-7-78 * Yes: 2,674 No. 797 Twiggs 3408 County Commissioners 8-8-78 ** Yes: 1,067 No: 805 Whitfield 3365 City of Varnell Not Held (Civil Action File No. 18,462)

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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 refer to the Act which called for the referendum.

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A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976, thirty-six (36) general Constitutional Amendments and eighty-seven (87) local Constitutional Amendments were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 7, 1978; and WHEREAS: The number of votes cast for and against the ratification of the one hundred and twenty-three (123) Constitutional Amendments voted on in the General Election held on November 7, 1978, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Section 34-1511 (f) of the Georgia Election Code provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitutional Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendments numbers 8, 9, 10, 11, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 34, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 53, 54, 56, 57, 58, 59, 61, 62, 63, 64, 65, 66, 67, 69, 71, 72, 73, 74, 75, 76, 77, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 91, 92, 93, 95, 96, 97, 99, 102, 104, 106, 107, 108, 109, 110, 111, 113, 115, 116, 118, 119, 122 and 123 which appeared upon the 1978 General Election ballot, having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1978 General Election held on Tuesday, November 7, 1978, are a part of the Constitution of the State of Georgia of 1976. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1979. FURTHER: I do proclaim that proposed Constitutional Amendments numbers 1, 2, 3, 4, 5, 6, 7, 12, 13, 17, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 51, 55, 60, 68, 70, 78, 82, 90, 94, 98, 100, 101, 103, 105, 112, 114, 117, 120, 121 and 124 which appeared upon the 1978 General Election ballot, not having been ratified according to the Constitution of the State of Georgia of 1976

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according to the results of the November 1978 General Election held on Tuesday, November 7, 1978, are not a part of the Constitution of the State of Georgia of 1976. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This seventh day of December, 1978. I, BEN W. FORTSON, Jr., Secretary of State of the State of Georgia, do hereby certify, that in the General Election held in this State November 7, 1978, the number of votes cast for and against the thirty-six (36) General Constitutional Amendments voted on in said election are tabulated on the five typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capital, in the City of Atlanta, this 23rd day of November, in the year of our Lord One Thousand Nine Hundred and Seventy-eight and of the Independence of the United States of America the Two Hundred and Third.

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YES NO 1. Shall the Constitution be amended so as to completely revise Article II relating to the elective franchise? 210,846 252,194 2. Shall the Constitution be amended so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revision? 231,146 236,779 3. Shall the Constitution be amended so as to provide that a special commission shall be authorized to incorporate amendments into the Constitution? 165,722 306,827 4. Shall the Constitution be amended so as to provide for four-year terms for members of the General Assembly effective with those members elected at the general election in 1978 and thereafter? 136,223 411,957 5. Shall the Constitution be amended so as to permit the issuance of general obligation debt of the State for the purpose of constructing, acquiring, improving, extending and enlarging buildings and facilities for public and independent school systems? 220,679 258,268 6. Shall the Constitution be amended so as to authorize the State Board of Education to establish and maintain a curriculum laboratory, to charge reasonable fees, and to retain the revenues produced therefrom for the purposes of such curriculum laboratory? 221,766 257,718 7. Shall the Constitution be amended so as to provide the circumstances under which the authority and obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1 mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties shall be terminated? 161,290 289,851 8. Shall the Constitution be amended so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia? 334,045 172,187 9. Shall the Constitution be amended so as to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the purposes of providing training to law enforcement officers and prosecuting officials? 269,765 218,476 10. Shall the Constitution be amended so as to provide that when private property is taken or damaged for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor may be paid when the same has been finally fixed and determined as provided by law? 293,891 189,565 11. Shall the Constitution be amended so as to authorize the General Assembly to exempt from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax? 277,333 191,599 12. Shall the Constitution be amended so as to authorize the General Assembly to exempt swine, bovines (cattle), and horses from all ad valorem taxation? 199,005 291,436 13. Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto? 217,028 251,111 14. Shall the Constitution be amended so as to change the provisions relating to nonprofit bingo games so as to authorize the General Assembly to legalize, define, and regulate nonprofit bingo games? 275,330 214,692 15. Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for the recall of public officials who hold elective office? 328,765 152,332 16. Shall the Constitution be amended so as to provide for the effective date of amendments to the Constitution? 293,146 165,407 17. Shall the Constitution be amended so as to provide that certain property located within 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 which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, county, municipal and school taxation, including such taxation to pay interest on and retire bonded indebtedness? 153,802 300,733 18. Shall the Constitution be amended so as to increase the homestead exemption from $12,500.00 to $25,000.00 for disabled veterans who have been disabled 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 wheelchair, 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 affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair and to provide for a homestead exemption equal to the homestead exemption received by the veteran during his lifetime for his unremarried widow or minor children so long as his unremarried widow or minor children continue to actually occupy the home as a residence and homestead? 312,755 177,450 19. Shall the Constitution be amended so as to authorize the General Assembly to provide by law for compensating innocent victims of crime and to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime? 304,113 175,271 20. Shall the Constitution be amended so as to provide for the publication of a summary of each proposed general amendment to the Constitution? 245,202 216,317 21. Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00? 270,173 183,973 22. Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers and to further authorize the General Assembly to appropriate funds to finance the administration of the plan and the employer constributions of such retired persons? 304,984 206,658 23. Shall the Constitution be amended so as to provide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty? 331,877 152,437 24. Shall the Constitution be amended so as to require a notice of candidacy of write-in candidates in special elections? 237,594 228,856 25. Shall the Constitution be amended so as to change the methods and procedures for overriding the Governor's veto of bills enacted by the General Assembly? 144,109 315,347 26. Shall the Constitution be amended so as to provide 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 any such county, together with the personal property, debts, assets and employees thereof to such county for operation of said sanitary landfills or garbage disposal systems; and to provide that no municipality located wholly or partially within any such county may operate a sanitary landfill or garbage disposal system? 179,204 240,516 27. Shall the Constitution be amended so as to authorize the General Assembly to create a unified municipal/county water and sewer system between any county having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and the largest municipality lying wholly or partially therein? 181,225 239,910 28. Shall the Constitution be amended so as to authorize the General Assembly to enact general, local or special laws applicable 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, and applicable to any municipality located wholly or partially within such county, so as to provide for the preparation and annual updating, by such county governing authority, of a comprehensive plan for all of the unincorporated county, and to provide for a countywide framework plan which shall consist of the adopted comprehensive plans of each municipality in such county, which has developed a comprehensive plan along with the comprehensive plan for the unincorporated portion of such county? 153,862 255,250 29. Shall the Constitution be amended so as to provide that under certain conditions the General Assembly shall be authorized by law to provide requirements relative to the financing of services by 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 and for other matters relative thereto? 164,961 242,767 30. Shall the Constitution be amended so as to provide 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 States Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within any such county, together with the property, with certain exceptions, debts, assets, and employees thereof, to the countywide library service; to designate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding government of the countywide library service; and to provide for a library board of trustees who shall administer the countywide library service? 176,178 244,147 31. Shall the Constitution be amended so as to authorize the General Assembly to enact general, local or special laws applicable 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, and applicable to any municipality located wholly or partially within such county, so as to provide for the assessment of property in any such county or municipality by a board of assessors; to establish county boards of equalization within any such county and for other matters relative thereto? 165,701 243,982 32. Shall the Constitution be amended so as to authorize the General Assembly by law 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 of and collect taxes due to the largest municipality located wholly or partially within any such county and to any or all other consenting municipalities located wholly or partially within such county at no charge to said municipalities? 162,030 248,200 33. Shall the Constitution be amended so as to provide that the requirement that 51% of the registered voters in each county school district or independent school system concerned in a proposed merger thereof shall apply only in counties having a population of more than 600,000 according to the United States Decennial Census of 1970? 149,551 264,272 34. Shall the Constitution be amended so as to change the definition of the term `income' with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term `income' shall not include Federal old-age, survivors or disability insurance benefits and benefits under the Federal Railroad Retirement Act? 233,960 186,295 35. Shall the Constitution be amended so as to create the City of Conyers Public Facilities Authority, to provide for the powers, authorities and duties of such Authority, to authorize such Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, to authorize the Authority to contract with the City of Conyers and other public bodies, and to authorize the City of Conyers to contract with the Authority for the use by said City or its residents of any facilities or services of the Authority? 156,911 218,043 36. Shall the Constitution be amended so as to create the Downtown Americus Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Americus to contract with the Authority? 155,196 215,652

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A PROCLAMATION I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify that the attached fifteen pages of typewritten matter constitute a true and correct copy of the votes cast in this State in the General Election held on November 7, 1978, for and against Local Constitutional Amendments number thirty-seven (37) through one hundred twenty-four (124), excluding number fifty-two (52); all as same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 1st day of December, in the year of our Lord One Thousand Nine Hundred and Seventy-eight and of the Independence of the United States of America the Two Hundred and Third.

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YES NO 37. ATKINSON COUNTY 92 150 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Atkinson County shall have jurisdiction? 38. BANKS COUNTY 605 144 Shall the Constitution be amended so as to provide that each resident of Banks County who is 65 years of age or over shall be granted an exemption from all Banks County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence? 39. BIBB COUNTY AND JONES COUNTY City of Macon (Bibb County) 7,133 2,322 City of Macon (Jones County) 6 2 Shall the Constitution be amended so as to increase the pensions paid to certain widows and children of deceased members of the Firemen and Police Pension Fund of the City of Macon? 40. BIBB COUNTY AND JONES COUNTY City of Macon (Bibb County) 7,825 1,691 City of Macon (Jones County) 5 3 Shall the Constitution be amended so as to authorize the governing authority of the City of Macon to grant to each person who is 65 years of age or over an exemption from all ad valorem taxes levied by the City of Macon in an amount not to exceed $2,000.00 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, from all sources, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes? 41. BIBB COUNTY AND JONES COUNTY Bibb County 6,810 4,440 Each City within Bibb County: City of Macon (Bibb County) 4,845 2,792 City of Bayne City (Bibb County) 13 5 City of Macon (Jones County) 3 3 Shall the Constitution be amended so as to extend homestead exemptions from local property taxes to owner occupants of nonprofit cooperative housing corporations in Bibb County? 42. BROOKS COUNTY 435 397 Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Brooks County from $200.00 to $500.00? 43. BUTTS COUNTY 1,111 401 Shall the Constitution be amended so as to exempt from Butts County School Taxes the value of a homestead owned by an individual 62 years of age or older and having an income of not more than $8,000.00 exclusive of retirment benefits? 44. CARROLL COUNTY City of Whitesburg (Carroll County) 63 19 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes? 45. CARROLL COUNTY City of Carrollton (Carroll County) 1,193 399 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes? 46. CARROLL COUNTY City of Temple (Carroll County) 152 30 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes? 47. CARROLL COUNTY AND DOUGLAS COUNTY City of Villa Rica (Carroll County) 323 58 City of Villa Rica (Douglas County) 5 1 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Villa Rica in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Rica ad valorem taxes? 48. CARROLL COUNTY City of Bowdon (Carroll County) 166 37 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowdon ad valorem taxes? 49. CARROLL COUNTY Town of Roopville (Carroll County) 36 11 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes? 50. CARROLL COUNTY 2,647 1,691 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Carroll County? 51. CATOOSA COUNTY AND WALKER COUNTY Catoosa County 597 1,449 City of Fort Oglethorpe (Within Catoosa County) 193 292 City of Fort Oglethorpe (Within Walker County) 2 0 Shall the Constitution be amended so as to authorize the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority to direct the election superintendent of Catoosa County to conduct additional referendums for the establishment of the Lakeview-Fort Oglethorpe Tax District and to authorize the issuance of bonds for the purpose of building a stadium and recreational facilities? 53. CHARLTON COUNTY 290 199 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Carlton County shall have jurisdiction? 54. CHATHAM COUNTY City of Savannah (Chatham County) 2,853 2,186 Shall the Constitution be amended so as to authorize the Mayor and Aldermen of the City of Savannah to issue an additional ten (10%) percent of its total unused bond capacity, but not more than one million ($1,000,000.00) dollars in general obligation bonds in any fiscal year without a referendum, but subject to a public hearing and the limitations imposed, for street and drainage improvements? 55. CHATHAM COUNTY 3,925 4,322 City of Savannah (Chatham County) 2,929 2,669 Shall the Constitution be amended so as to provide that the compensation of the members of the Board of Education of Chatham County may be changed by local law without the necessity of a referendum? 56. CHATHAM COUNTY 5,610 2,660 City of Savannah 3,918 1,671 Shall the Constitution be amended so as to exempt the independent school system of Chatham County and the City of Savannah from the Paragraph of the Constitution providing that the Constitution shall not affect school systems established prior to the adoption of the Constitution of 1877 and to provide that such school system shall be deemed to be a county school system within the meaning of the Constitution and general laws of this State? 57. CHATHAM COUNTY 7,134 1,965 Shall the Constitution be amended so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County? 58. CHATHAM COUNTY 7,288 1,893 Shall the Constitution be amended so as to exempt from, ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, $12,000 of the assessed value of the homestead of each resident of Chatham County who is sixty-two 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 his family residing within the homestead, exceeding $10,000? 59. CHEROKEE COUNTY 1,418 1,096 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Cherokee County shall have jurisdiction from two hundred dollars to five hundred dollars? 60. CLARKE COUNTY 2,768 3,430 Shall the Constitution be amended so as to provide that the General Assembly may provide by local law for the powers and duties of the Sheriff of Clarke County without respect to uniformity? 61. CLAYTON COUNTY City of Morrow 617 120 Shall the Constitution be amended so as to provide that residents of the City of Morrow who are sixty-five years of age or over or who are totally disabled, and whose gross income does not exceed $4,000.00 per annum, shall be granted a homestead exemption of $8,000.00 from ad valorem taxation by said city? 62. CLINCH COUNTY 180 146 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Clinch County shall have jurisdiction? 63. COBB COUNTY 15,839 15,412 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Cobb County shall have jurisdiction from two hundred dollars to one thousand dollars? 64. COBB COUNTY AND DOUGLAS COUNTY City of Austell (Cobb County) 412 141 City of Austell (Douglas County) 2 0 Shall the Constitution be amended so as to authorize the City of Austell to grant a discount of up to two percent for prompt payment of ad valorem taxes? 65. COBB AND DOUGLAS COUNTY City of Austell (Cobb County) 421 145 City of Austell (Douglas County) 2 0 Shall the Constitution be amended so as to authorize the City of Austell to grant a $2,000.00 homestead exemption to persons aged sixty-five or over and to place an income limitation as a qualification for such exemption? 66. COBB COUNTY Cobb County School District 19.722 7,778 Shall the Constitution be amended so as to provide that all residents of the Cobb County School District who are 62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb County School District ad valorem taxes? 67. COWETA COUNTY City of Newnan 997 413 Shall the Constitution be amended so as to prohibit the Board of Water, Sewerage and Light Commissioners of the City of Newnan from discontinuing services to the City of Newnan or charging any fees for said services, from taking title to and holding real property in its name, and from setting the salaries of the individuals serving as commissioners on said board? 68. CRISP COUNTY 474 343 City of Cordele No votes certified Shall the Constitution be amended so as to provide for the increase in membership of the Crisp County-Cordele Industrial Development Authority? 69. DE KALB COUNTY 39,238 22,283 DeKalb County School District 35,647 21,040 Shall the Constitution be amended so as to provide that effective with tax years beginning after December 31, 1978, the county authorities of DeKalb County shall not levy the one mill tax for educational purposes which was authorized by an amendment to the Constitution of 1877, proposed by Ga. Laws 1943, p. 20, and ratified August 10, 1943, within the territory embraced in operating independent school systems? 70. DE KALB COUNTY 27,669 31,723 DeKalb County School District 25,918 30,694 Decatur School District 1,751 1,029 Shall the Constitution be amended so as to extend homestead exemptions from local property taxes to owner occupants of nonprofit cooperative housing corporations in DeKalb County? Each City within DeKalb County (excluding Atlanta) City of Avondale 194 248 City of Chamblee 299 373 City of Clarkston 176 186 City of Decatur 1,751 1,029 Dity of Doraville 350 492 City of Lithonia 72 61 City of Pine Lake 43 57 City of Stone Mountain 181 264 71. DE KALB COUNTY 32,998 26,955 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the form of government of DeKalb County which shall include an elective governing body and an elective chief executive officer if legislative and executive powers are separated, and in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County? 72. DE KALB COUNTY City of Lithonia 119 26 Shall the Constitution be amended so as to provide for a homestead exemption for resident homeowners of the City of Lithonia in an amount of $2,000.00 and to provide an additional homestead exemption in the amount of $2,000.00 for persons who are 65 years of age or older or who are totally disabled and who have a net income not exceeding $4,000.00 for the immediately preceding taxable year? 73. DE KALB COUNTY 35,203 26,341 DeKalb County School District 32,009 24,731 Shall the Constitution be amended so as to authorize the governing authority of DeKabl County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements made to real property, subject to certain limitations? 74. DE KALB COUNTY 30,604 29,977 Shall the Constitution be amended so as to increase the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed twelve hundred fifty dollars? 75. DE KALB COUNTY DeKalb County School District 43,498 16,038 Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence? 76. DE KALB COUNTY 39,002 22,069 Shall the Constitution be amended so as to provide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental services provided therein by said county and to authorize the General Assembly to provide by law for such matters? 77. DE KALB COUNTY 35,014 24,313 DeKalb County School District 32,134 22,641 Shall the Constitution be amended so as to provide requirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb County? 78. DE KALB COUNTY 24,915 34,570 Shall the Constitution be amended so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to non-profit, tax exempt religious or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing? 79. DE KALB COUNTY 43,528 17,903 DeKalb County School District 40,122 16,494 Shall the Constitution be amended so as to provide that the DeKalb County homestead exemption from taxes levied for county and school purposes shall be increased by annual steps from 15 percent of the assessed value of the homestead in 1979, but not less than $3,000.00 and not more than $4,000.00, to 25 percent of the assessed value of the homestead in 1983, but not less than $5,000.00 and not more than $8,000.00? 80. DE KALB COUNTY DeKalb County School District 42,600 14,021 Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the recall and removal of members of the DeKalb County Board of Education? 81. DOUGLAS COUNTY City of Douglasville 538 158 Shall the Constitution be amended so as to provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Douglasville? 82. FAYETTE COUNTY 1,936 2,934 Shall the Constitution be amended so as to increase the number of members of the Fayette County Industrial Building Authority and to change the method of appointing members of such Authority? 83. FULTON COUNTY 37,131 27,020 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the increase of retirement and pension benefits for individuals retired pursuant to an Act providing a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, and their beneficiaries, and ratifying any such increases heretofore authorized by the General Assembly? 84. FULTON COUNTY 41,764 24,934 Shall the Constitution be amended so as to create within Fulton County the Fulton County Industrial District? 85. FULTON COUNTY City of Union City 380 101 Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of Union City in an amount of four thousand dollars ($4,000.00) for resident homeowners who are 65 years of age or older and have an annual income of six thousand dollars ($6,000.00) or less? 86. FULTON COUNTY AND DE KALB COUNTY City of Atlanta (DeKalb County) 1,328 547 City of Atlanta (Fulton County) 25,385 12,515 Shall the Constitution be amended so as to provide that social security income and Federal railroad retirement income shall not be included as adjusted gross income for the purpose of qualifying for City of Atlanta homestead exemptions for elderly persons with low incomes? 87. FULTON COUNTY 46,531 21,277 Fulton County School District 20,628 9,498 Shall the Constitution be amended so as to provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County School District ad valorem taxes for each resident of Fulton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security Act? 88. FULTON COUNTY 34,297 29,733 Shall the Constitution be amended so as to authorize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes? 89. FULTON COUNTY 37,611 27,986 Shall the Constitution be amended so as to provide for a seven-member Fulton County Planning Commission; to provide for their appointment by the Fulton County Board of Commissioners; to provide guidelines for their appointment thereto so that one member, who will be appointed Chairman of the Fulton County Planning Commission, shall reside anywhere within Fulton County, two members shall be appointed who are residents of north Fulton County, two members shall be appointed who are residents of the City of Atlanta, and two members shall be appointed who are residents of south Fulton County? 90. FULTON COUNTY, CHEROKEE COUNTY, CLAYTON COUNTY, COWETA COUNTY, DE KALB COUNTY City of Mountain Park (Cherokee County) 0 0 City of Mountain Park (Fulton County) 30 49 City of College Park (Clayton County) 142 158 City of College Park (Fulton County) 860 941 City of Palmetto (Coweta County) 0 0 City of Palmetto (Fulton County) 89 154 City of Atlanta (DeKalb County) 1,103 616 City of Atlanta (Fulton County) 24,220 13,039 Fulton County 37,451 28,621 City of Alpharetta (Fulton County) 257 368 City of Red Oak* (Fulton County) *Not Required to Show this breakdown on advice of Attorney General City of Roswell (Fulton County) 1,581 1,346 City of Stonewall * (Fulton County) *Not Required to Show this breakdown on advice of Attorney General City of Union City (Fulton County) 185 256 City of East Point (Fulton County) 2,357 3,042 City of Fairburn (Fulton County) 195 315 City of Hapeville (Fulton County) 511 566 Shall the Constitution be amended so as to establish a method for providing prompt traffic engineering services, to be performed by the City of Atlanta at cost, in Fulton County and municipalities located wholly or partially within Fulton County; to authorize the governing authority of Fulton County or any municipality located wholly or partially within Fulton County to call on the City of Atlanta to provide traffic engineering services; and to require the City of Atlanta to provide a reasonable estimate of the cost of providing the requested traffic engineering services? 91. FULTON COUNTY 37,761 26,448 Fulton County School District 17,225 11,570 Shall the Constitution be amended so as to provide that in Fulton County in addition to the county seat, not more than two branch offices may be established by the governing authority of the county for the conduct of county business and by the Board of Education for the conduct of matters pertaining to education? 92. FULTON COUNTY City of Roswell 2,408 675 Shall the Constitution be amended so as to provide that residents of the City of Roswell who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city? 93. GLASCOCK COUNTY 77 55 Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all Glascock County ad valorem property taxes, except school taxes for a period of five years following their establishment or addition? 94. GWINNETT COUNTY Gwinnett County School District 5,398 11,998 Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the amount of compensation and expenses to be paid to members of the Gwinnett County Board of Education without the necessity of such local law being approved in a referendum election? 95. GWINNETT COUNTY 9,222 8,273 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Gwinnett County shall have jurisdiction from two hundred dollars to five hundred dollars? 96. HABERSHAM COUNTY City of Clarkesville 1,328 571 Shall the Constitution be amended so as to provide that residents of the City of Clarkesville who are 65 years of age or older shall be granted an exemption of not more than $10,000.00 as fixed by the mayor and council from time to time on their homestead from all ad valorem taxation? 97. HABERSHAM COUNTY 1,650 464 Shall the Constitution be amended so as to provide that each resident of Habersham County who is 65 years of age or over shall be granted an exemption from all Habersham County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence? 98. HOUSTON COUNTY 2,686 5,377 Shall the Constitution be amended so as to provide that the County School Superintendent of Houston County shall be appointed by the Board of Education of Houston County? 99. HOUSTON COUNTY 4,765 3,373 Shall the Constitution be amended so as to provide for the election of a seven-member Board of Education of Houston County? 100. HOUSTON COUNTY 1,743 6,333 Shall the Constitution be amended so as to provide that each member of the Board of Education of Houston County shall receive compensation of $350.00 per month, payable in equal monthly installments from the funds of the board of education? 101. HOUSTON COUNTY 3,039 4,770 Shall the Constitution be amended so as to provide for a Board of Arbitration for Houston County, when necessary, to arbitrate certain budget and salary matters concerning constitutional or county officers? 102. JACKSON COUNTY 756 674 Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Jackson County from $200.00 to $500.00? 103. JONES COUNTY 377 715 Shall the Constitution be amended so as to authorize the governing authority of Jones County to levy and collect an ad valorem property tax, not to exceed one-half mill, for the exclusive use of the Development Authority of Jones County? 104. LAMAR COUNTY 876 378 City of Barnesville 550 229 Shall the Constitution be amended so as to provide that if the City of Barnesville and County of Lamar Development Authority is dissolved for any reason, title to all property held by the Authority shall be conveyed to Lamar County and the City of Barnesville in the same proportion as their respective contributions to the Authority? 105. LANIER COUNTY 125 133 Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Lanier County from $200.00 to $500.00? 106 LOWNDES COUNTY 1,887 1,159 Shall the Constitution be amended so as to authorize the Board of Commissioners of Lowndes County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in said County? 107. LOWNDES COUNTY 1,805 1,255 Shall the Constitution be amended so as to authorize Lowndes County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, streetlights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of abutting property owners owning not less than two-thirds of the front footage of the abutting property to be improved? 108. MONROE COUNTY 636 218 Shall the Constitution be amended so as to provide that in Monroe County the grand jury shall be authorized to arbitrate and resolve certain disputes relating to certain county matters, as the General Assembly by local law may provide? 109. OCONEE COUNTY 1,784 673 Shall the Constitution be amended so as to provide for the President of the Oconee County Chamber of Commerce to be a member of the Oconee County Industrial Development Authority in lieu of having the President of the Athens Area Chamber of Commerce serve on such Authority? 110. PAULDING COUNTY 1,184 1,045 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County? 111 PIKE COUNTY 740 405 Shall the Constitution be amended so as to authorize the governing authority of Pike County to require that ad valorem tax returns be made to the county board of tax assessors? 112. POLK COUNTY 1,007 1,217 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Polk County have jurisdiction from two hundred dollars to one thousand dollars? 113. RICHMOND COUNTY 7,102 6,206 Shall the Constitution be amended so as to authorize Richmond County to acquire, construct, add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing? 114. ROCKDALE COUNTY 2,953 947 Each Municipality in Rockdale County (Conyers) No votes certified Shall the Constitution be amended so as to provide for the recall of elected officials of Rockdale County and of municipalities within Rockdale County? 115. ROCKDALE COUNTY City of Conyers 1,946 1,751 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers, and to provide for the powers, privileges, duties and immunities of said Authority and of the City of Conyers in relation to said Authority? 116. SPALDING COUNTY 2,808 2,016 Shall the Constitution be amended so as to authorize and empower the governing authority of Spalding County to adopt ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the governing and policing of the unincorporated areas of said county and to provide for the enactment of punishment or penalties for the violation of such ordinances and the designation of a court which shall have jurisdiction over such ordinances and regulations? 117. STEPHENS COUNTY 687 877 City of Toccoa No votes certified Shall the Constitution be amended so as to change the provisions relative to referendum approval of contracts between the Toccoa-Stephens County Building and Parks Authority and the City of Toccoa or Stephens County and the maximum interest rate payable on revenue bonds issued by said Authority? 118. STEPHENS COUNTY 1,372 332 Shall the Constitution be amended so as to provide that each resident of Stephens County who is 65 years of age or over shall be granted an exemption from all Stephens County ad valorem taxes, including taxes for education, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence? 119. TROUP COUNTY AND HARRIS COUNTY City of West Point (Harris County) 176 34 City of West Point (Troup County) 286 51 Shall the Constitution be amended so as to provide for the establishment of a Downtown West Point Development Authority and to provide for the powers, duties, and responsibilities of said Authority? 120. UPSON COUNTY 897 2,248 Shall the Constitution be amended so as to authorize the General Assembly to impose an additional tax of one percent of all items, uses and transactions subject to the Georgia Retailers' and Consumers' Sales and Use Tax Act which occur in Upson County, Georgia, and to provide for the reduction of the mill rate of ad valorem taxation upon property in Upson County, Georgia, which reduction shall be the same both for property lying inside any municipality or outside any municipality? 121. WALKER COUNTY 1,155 1,218 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Walker County shall have jurisdiction from $200.00 to $500.00? 122. WARE COUNTY 871 822 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Ware County shall have jurisdiction? 123. WAYNE COUNTY 698 434 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Wayne County shall have jurisdiction from $200.00 to $2,000.00? 124. WHITE COUNTY 560 643 Shall the Constitution be amended so as to provide that each resident of White County who is 65 years of age or over shall be granted an exemption from all White County ad valorem taxes, including taxes for education, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence?

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For any information regarding these ACTS and RESOLUTIONS please contact: DAVID B. POYTHRESS Secretary of State