Local and special acts and resolutions of the General Assembly of the state of Georgia 1980 [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 19800000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1980 19800000 Compiled and Published by Authority of The State

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GEORGIA LAWS 1980 TABLE OF CONTENTS VOLUME ONE Acts and Resolutions by NumbersPage Reference iv Bills and ResolutionsAct Number References xiii Acts and Resolutions of General Application 3 Resolutions Proposing Amendments to the Constitution 2017 Vetoes by the Governor, 1980 Session 2341 Map of Counties and Judicial Circuits 2347 Appellate CourtsPersonnel 2348 Superior CourtsPersonnel and Calendars 2350 IndexTabular 2360 IndexGeneral 2372 Population of Georgia CountiesAlphabetically 2444 Population of Georgia CountiesNumerically 2447 Georgia Senate Districts, Alphabetically by County 2449 Georgia Senators, Alphabetically by Name 2451 Georgia Senators, Numerically by District 2454 Georgia Representative Districts, Alphabetically by County 2456 Georgia Representatives, Alphabetically by Name 2458 Georgia Representatives, Numerically by District 2466 VOLUME TWO Acts and Resolutions by NumbersPage Reference iv Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3001 County Home Rule Actions 4569 Municipal Home Rule Actions 4633 Vetoes by the Governor, 1980 Session 4751 Map of Counties and Judicial Circuits 4760 Appellate CourtsPersonnel 4761 Superior CourtsPersonnel and Calendars 4763 IndexTabular 4773 IndexGeneral 4785 Population of Georgia CountiesAlphabetically 4857 Population of Georgia CountiesNumerically 4860 Georgia Senate Districts, Alphabetically by County 4862 Georgia Senators, Alphabetically by Name 4864 Georgia Senators, Numerically by District 4867 Georgia Representative Districts, Alphabetically by County 4869 Georgia Representatives, Alphabetically by Name 4871 Georgia Representatives, Numerically by District 4879 Status of Referendum Elections for the Years 1953-1979 4887

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Compiler's Note General Acts and Resolutions of the 1980 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 2017, 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 1979 are printed in Volume Two beginning on page 4633. Home Rule Actions by Counties filed in the office of the Secretary of State during 1979 are printed in Volume Two beginning on page 4569. There are no numbered pages between 2473 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 673 3 674 5 675 7 676 3003 677 3007 678 9 679 3009 680 3016 681 3027 682 10 683 3030 684 3034 685 47 686 49 687 50 688 52 689 53 690 54 691 55 692 57 693 58 694 59 695 60 696 61 697 62 698 63 696 61 700 65 701 67 702 3038 703 68 704 3041 705 69 706 70 707 3043 708 72 709 3048 710 82 711 88 712 90 713 3053 714 3058 715 3060 716 3063 717 94 718 95 719 98 720 303 721 304 722 312 723 314 724 3075 725 316 726 321 727 3085 728 3087 729 3102 730 323 731 324 732 326 733 3105 734 328 735 3112 736 332 737 335 738 346 739 348 740 350 741 351 742 3116 743 3119 744 3125 745 3131 746 3133 747 3134 748 3150 749 3153 750 353 751 355 752 3156 753 3159 754 3161 755 3164 756 356 757 357 758 362 759 3184 760 3186 761 3189 762 3194 763 3196 764 3198 765 3201 766 3204 767 3205

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768 3208 769 3211 770 3215 771 364 772 3242 773 3248 774 3250 775 3253 776 365 777 3257 778 3259 779 3262 780 3265 781 3268 782 3272 783 3275 784 3278 785 3281 786 3309 787 3316 788 3318 789 3320 790 3323 791 3329 792 3331 793 3363 794 3367 795 3369 796 3372 797 3376 798 3380 799 3384 800 3386 801 366 802 3389 803 3392 804 3395 805 3398 806 3400 807 3403 808 3406 809 3407 810 3423 811 3426 812 3429 813 367 814 3447 815 3463 816 3465 817 3468 818 3470 819 3473 820 3475 821 369 822 3480 823 3482 824 3484 825 3486 826 3490 827 3492 828 3494 829 3496 830 374 831 3499 832 3502 833 3505 834 3508 835 3511 836 3513 837 3514 838 3517 839 3519 840 375 841 378 842 3521 843 3523 844 3527 845 380 846 3530 847 3533 848 3539 849 3542 850 3545 851 3555 852 383 853 3557 854 3559 855 3562 856 3564 857 3567 858 3570 859 3575 860 3577 861 3579 862 3582 863 3586

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864 3588 865 3590 866 3593 867 3595 868 3597 869 3600 870 387 871 388 872 390 873 393 874 394 875 396 876 399 877 400 878 402 879 404 880 405 881 415 882 416 883 420 884 422 885 426 886 429 887 431 888 432 889 436 890 437 891 438 892 439 893 441 894 443 895 448 896 450 897 451 898 452 899 455 900 458 901 459 902 461 903 463 904 465 905 470 906 472 907 473 908 475 909 479 910 485 911 487 912 489 913 491 914 493 915 495 916 497 917 498 918 501 919 503 920 505 921 507 922 509 923 511 924 514 925 516 926 518 927 519 928 523 929 526 930 527 931 528 932 530 933 534 934 536 935 542 936 543 937 547 938 550 939 551 940 553 941 555 942 556 943 561 944 563 945 566 946 568 947 571 948 572 949 576 950 581 951 585 952 586 953 587 954 589 955 590 956 591 957 593 958 595 959 596 960 598 961 600 962 601 963 603

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964 611 965 616 966 618 967 620 968 623 969 635 970 638 971 639 972 640 973 644 974 645 975 649 976 675 977 678 978 680 979 684 980 685 981 687 982 690 983 691 984 698 985 699 986 700 987 707 988 709 989 710 990 712 991 713 992 715 993 719 994 722 995 724 996 731 997 733 998 736 999 738 1000 746 1001 747 1002 749 1003 753 1004 755 1005 756 1006 758 1007 759 1008 760 1009 763 1010 765 1011 768 1012 770 1013 771 1014 773 1015 775 1016 782 1017 784 1018 3605 1019 3607 1020 3608 1021 3611 1022 3613 1023 3617 1024 3621 1025 3625 1026 3628 1027 3631 1028 3633 1029 3635 1030 3637 1031 3640 1032 3646 1033 3644 1034 3651 1035 3653 1036 3658 1037 3661 1038 3664 1039 3667 1040 3689 1041 3691 1042 3692 1043 3695 1044 3698 1045 805 1046 3700 1047 3702 1048 806 1049 3707 1050 3716 1051 3720 1052 3723 1053 3724 1054 3727 1055 3730 1056 820 1057 822 1058 824 1059 826 1060 828 1061 830

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1062 831 1063 833 1064 834 1065 835 1066 917 1067 919 1068 921 1069 922 1070 924 1071 925 1072 936 1073 938 1074 939 1075 942 1076 952 1077 956 1078 959 1079 963 1080 965 1081 966 1082 968 1083 969 1084 972 1085 976 1086 979 1087 981 1088 995 1089 1004 1090 1005 1091 1008 1092 1010 1093 1011 1094 1013 1095 1017 1096 1034 1097 1038 1098 1040 1099 1043 1100 1045 1101 1046 1102 1048 1103 1049 1104 3735 1105 1050 1106 1053 1107 3742 1108 1059 1109 3753 1110 1061 1111 3757 1112 1062 1113 3766 1114 1063 1115 3769 1116 3805 1117 3809 1118 1065 1119 1075 1120 1076 1121 1081 1122 1082 1123 1083 1124 1094 1125 1095 1126 1097 1127 1101 1128 1107 1129 1108 1136 3812 1131 1118 1132 1119 1133 1121 1134 3815 1135 1124 1136 1126 1137 1127 1138 1128 1139 1131 1140 1134 1141 1136 1142 1142 1143 1145 1144 1147 1145 1149 1146 1150 1147 1154 1148 1157 1149 1159 1150 3827 1151 1160 1152 3831 1153 1162 1154 3841 1155 1163 1156 3852 1157 1169 1158 1170 1159 1173 1160 1174 1161 1175

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1162 1176 1163 1178 1164 3855 1165 3858 1166 3860 1167 3863 1168 3866 1169 3880 1170 3887 1171 3890 1172 3894 1173 3896 1174 3899 1175 1179 1176 3903 1177 3905 1178 1185 1179 3907 1180 3911 1181 1181 1182 3914 1183 3918 1184 3921 1185 3924 1186 3927 1187 3929 1188 3932 1189 1188 1190 3935 1191 3939 1192 3941 1193 3950 1194 3954 1195 3958 1196 3961 1197 3963 1198 3967 1199 3970 1200 3972 1201 3976 1202 3978 1203 3981 1204 3983 1205 3994 1206 1206 1207 3996 1208 4000 1209 1212 1210 4001 1211 1214 1212 4002 1213 4004 1214 4012 1215 4045 1216 4050 1217 4071 1218 4075 1219 4080 1220 4085 1221 4088 1222 4091 1223 4110 1224 4120 1225 4122 1226 4127 1227 1222 1228 4133 1229 4136 1230 4138 1231 4140 1232 4143 1233 4147 1234 4149 1235 4152 1236 4158 1237 4158 1238 4160 1239 4163 1240 4166 1241 4169 1242 4173 1243 4177 1244 4180 1245 4184 1246 4184 1247 4187 1248 4189 1249 4192 1250 4194 1251 1232 1252 4199 1253 4201 1254 4205 1255 4224 1256 4226 1257 4230 1258 4232 1259 4235

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1260 4237 1261 4241 1262 4244 1263 4247 1264 4250 1265 4255 1266 4258 1267 4262 1268 4265 1269 4270 1270 4273 1271 4275 1272 4278 1273 4281 1274 4285 1275 4288 1276 4290 1277 4293 1278 4296 1279 4298 1280 4301 1281 4307 1282 4310 1283 4311 1284 4313 1285 4324 1286 4327 1287 4330 1288 4332 1289 4333 1290 4340 1291 1233 1292 1242 1293 1245 1294 1247 1295 1249 1296 1251 1297 1297 1298 1254 1299 1256 1300 1261 1301 1266 1302 1269 1303 1279 1304 1280 1305 1282 1306 1286 1307 1288 1308 1292 1309 1298 1310 1299 1311 1311 1312 1328 1313 1332 1314 1334 1315 1337 1316 1343 1317 1344 1318 4343 1319 4344 1320 4347 1321 1346 1322 1352 1323 1355 1324 1357 1325 1358 1326 4350 1327 1359 1328 4354 1329 4357 1330 1361 1331 1374 1332 1382 1333 1388 1334 1390 1335 1393 1336 1395 1337 1398 1338 1406 1339 1413 1340 1418 1341 1420 1342 1428 1343 1432 1344 1434 1345 4358 1346 1436 1347 4361 1348 1446 1349 4371 1350 1447 1351 1451 1352 4378 1353 4380 1354 4384 1355 4388 1356 4402 1357 4407 1358 4411 1359 4413

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1360 4419 1361 4422 1362 4455 1363 4457 1364 4461 1365 1456 1366 4463 1367 4467 1368 4469 1369 4472 1370 4483 1371 1459 1372 1466 1373 4488 1374 4502 1375 4517 1376 4520 1377 4537 1378 4540 1379 1508 1380 1509 1381 1511 1382 1538 1383 1541 1384 1543 1385 1544 1386 1547 1387 1550 1388 1553 1389 1555 1390 1561 1391 1562 1392 1563 1393 1565 1394 1573 1395 1661 1396 1683 1397 4565 1398 1686 1399 1707 1400 1715 1401 1722 1402 1723 1403 1735 1404 1736 1405 1738 1406 1746 1407 1758 1408 1759 1409 1761 1410 1764 1411 1765 1412 1767 1413 1769 1414 1783 1415 1784 1416 1787 1417 1789 1418 1790 1419 1795 1420 1799 1421 2001 1422 2002 1423 2004 1424 2008 RESOLUTIONS BY NUMBER 84 41 85 43 86 46 87 3104 88 359 89 385 90 785 91 787 92 788 93 789 94 790 95 791 96 794 97 796 98 3603 99 799 100 3604 101 803 102 807 103 808 104 3734 105 810 106 812 107 815

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108 819 109 1192 110 1194 111 1197 112 3989 113 1199 114 1201 115 3990 116 1202 117 1205 118 3992 119 4543 120 1480 121 4543 122 4544 123 4546 124 4547 125 4548 126 4549 127 4550 128 4551 129 4552 130 4554 131 4555 132 1482 133 1484 134 4556 135 4557 136 1486 137 4558 138 4559 139 4560 140 4561 141 1489 142 1490 143 1493 144 4562 145 1495 146 4563 147 1499 148 1500 149 1501 150 1503 151 4564 152 1506 153 2009 154 2010 155 2024 156 2026 157 2027 158 2029 159 2032 160 2033 161 2035 162 2045 163 2048 164 2050 165 2052 166 2053 167 2055 168 2071 169 2087 170 2089 171 2092 172 2094 173 2096 174 2098 175 2102 176 2103 177 2105 178 2106 179 2108 180 2109 181 2111 182 2112 183 2114 184 2118 185 2119 186 2121 187 2123 188 2125 189 2127 190 2128 191 2133 192 2134 193 2144 194 2146 195 2148 196 2150 197 2151 198 2154 199 2158 200 2159 201 2160 202 2162 203 2163 204 2166 205 2168

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206 2169 207 2171 208 2173 209 2174 210 2176 211 2177 212 2180 213 2184 214 2185 215 2187 216 2190 217 2194 218 2196 219 2198 220 2200 221 2202 222 2203 223 2205 224 2207 225 2209 226 2211 227 2215 228 2216 229 2219 230 2221 231 2223 232 2225 233 2227 234 2232 235 2247 236 2250 237 2252 238 2255 239 2257 240 2260 241 2261 242 2263 243 2266 244 2268 245 2271 246 2273 247 2276 248 2280 249 2283 250 2286 251 2288 252 2290 253 2292 254 2295 255 2297 256 2299 257 2301 258 2303 259 2305 260 2307 261 2310 262 2312 263 2315 264 2333 265 2337 266 2338 267 1520 268 1684 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 11 736 40 1056 42 889 50 1385 51 890 62 1401 104 1386 109 1138 112 891 116 892 169 893 180 894 184 895 195 896 206 Veto 12 228 1303 253 897 273 898 274 899 275 900 277 1387 279 1330 284 1139 308 901 327 902 362 658

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387 903 390 1331 393 904 407 1291 457 1402 463 Veto 13 476 1057 488 905 492 1140 497 906 499 1304 523 1332 540 907 553 1305 572 908 573 909 590 910 599 673 610 1403 611 1404 629 912 651 913 655 914 656 915 672 1333 688 916 696 917 698 1388 701 1413 708 924 709 678 711 1141 717 918 748 919 751 748 765 1421 772 920 776 1405 785 921 791 925 803 880 813 1142 815 926 816 1306 831 1143 835 1211 842 1144 845 1307 860 721 873 1058 875 927 887 742 895 Veto 14 906 928 919 929 957 930 1008 743 1012 744 1020 931 1030 676 1035 1059 1038 745 1039 746 1057 932 1062 1145 1071 682 1074 705 1077 710 1078 738 1079 1308 1080 739 1081 740 1082 741 1083 1309 1084 1310 1085 1311 1086 684 1088 958 1090 959 1091 960 1092 674 1093 1060 1096 747 1099 Veto 15 1100 961 1101 703 1103 962 1104 963 1105 964 1107 965 1108 966 1109 967 1110 968 1111 969 1113 970 1116 971 1117 972 1118 973 1119 974 1120 975

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1121 Veto 16 1123 976 1125 748 1127 704 1128 749 1131 977 1135 1389 1137 978 1138 1061 1140 1334 1142 1146 1143 979 1144 980 1145 981 1146 881 1147 882 1148 883 1149 884 1150 885 1151 886 1152 887 1153 Veto 17 1155 888 1156 732 1159 750 1165 1390 1166 982 1167 675 1174 751 1177 983 1178 1391 1180 706 1182 1062 1184 984 1185 752 1186 1312 1187 753 1189 985 1190 986 1192 987 1193 988 1194 989 1195 990 1199 1147 1200 1148 1203 719 line item Vetoes 1205 991 1207 1423 1208 754 1209 1149 1210 Veto 18 1211 708 1212 1392 1213 1393 1214 1414 1218 992 1225 1406 1229 1063 1233 993 1234 1150 1237 755 1239 758 1242 677 1243 759 1245 994 1248 760 1249 995 1250 1407 1251 1335 1256 996 1259 1064 1260 1313 1265 997 1268 1420 1270 761 1271 998 1277 1336 1278 999 1280 1151 1283 1000 1284 1152 1285 762 1286 1001 1287 1002 1289 1153 1291 1003 1292 1154 1293 713 1294 1004 1298 1005 1299 1006 1300 1007 1301 Veto 19 1302 1314 1305 763 1312 1408 1315 1155 1317 1008 1319 764 1320 765

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1321 1041 1322 766 1323 767 1324 1156 1325 1042 1326 768 1330 1394 1332 769 1339 1415 1340 1009 1341 770 1345 1157 1349 1010 1352 771 1364 1011 1365 1416 1370 1012 1372 1417 1373 1337 1376 1158 1383 772 1386 773 1387 774 1391 1418 1392 1013 1394 775 1402 776 1406 1395 1407 722 1408 723 1409 1338 1411 777 1412 1043 1416 1339 1418 714 1419 1044 1420 1014 1421 1015 1422 1315 1423 726 1424 1048 1428 1065 1430 1016 1432 731 1435 1017 1436 1159 1439 1340 1445 1160 1447 933 1449 934 1450 1371 1451 1341 1453 1212 1455 935 1456 778 1457 779 1458 1161 1460 1162 1463 1066 1470 936 1471 937 1473 938 1474 939 1475 940 1476 780 1478 1163 1479 941 1481 725 1482 781 1483 715 1484 942 1485 1372 1486 782 1487 1316 1489 679 1490 783 1491 784 1492 785 1494 1396 1496 1419 1499 943 1500 Vetoed No. 6 1501 786 1503 1164 1504 787 1505 788 1506 944 1507 1165 1508 945 1509 946 1510 947 1511 789 1512 1409 1514 790 1515 791 1516 792 1517 793 1518 794 1519 795 1520 796

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1521 797 1524 798 1525 799 1526 800 1528 1166 1530 727 1531 1167 1532 720 1539 801 1542 1342 1544 680 1545 802 1546 803 1547 804 1548 805 1549 806 1550 807 1551 808 1552 1373 1554 948 1556 733 1561 1067 1563 949 1564 1045 1565 809 1568 950 1570 1343 1573 810 1575 951 1577 952 1578 Veto 20 1590 1168 1592 1344 1595 681 1596 735 1597 811 1598 812 1599 813 1600 814 1601 953 1602 815 1608 816 1609 817 1612 954 1613 818 1614 819 1615 820 1616 709 1617 821 1620 822 1624 823 1625 824 1626 825 1627 626 1628 827 1629 828 1630 829 1631 1374 1632 1345 1633 830 1636 716 1640 1346 1641 1317 1643 831 1645 1169 1646 832 1648 1213 1650 833 1651 834 1652 835 1653 836 1654 837 1655 838 1656 839 1657 1170 1658 1171 1659 840 1660 841 1661 842 1662 843 1663 844 1666 1318 1670 845 1672 711 1673 846 1676 1068 1678 1172 1679 734 1680 847 1682 848 1683 1410 1685 1214 1686 1289 1688 1173 1689 849 1690 850 1691 851 1692 852 1693 853 1697 854

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1698 855 1699 1215 1701 955 1703 1319 1704 856 1705 1216 1706 1174 1708 1217 1709 1175 1710 1218 1711 729 1712 1176 1714 1347 1717 857 1718 1177 1719 1046 1720 1047 1721 858 1723 859 1724 860 1728 1219 1730 1049 1731 956 1732 1348 1733 1220 1734 1050 1735 1221 1736 1222 1738 1223 1739 861 1740 1224 1741 1349 1743 862 1745 1051 1746 863 1747 864 1748 1069 1751 1350 1754 1225 1755 1052 1756 1226 1757 865 1758 866 1759 867 1760 868 1761 1178 1762 1179 1764 957 1767 1053 1768 1054 1769 728 1771 1351 1772 1227 1773 1228 1775 1180 1776 1181 1777 1182 1780 1229 1781 1183 1782 1184 1783 1185 1784 1230 1785 1231 1786 1232 1787 1186 1788 1187 1789 1233 1790 1234 1791 1235 1792 1236 1793 1237 1794 1238 1795 1352 1797 724 1798 1188 1800 1189 1801 1070 1802 1239 1803 1190 1804 1240 1805 1191 1806 1192 1807 1353 1808 1354 1809 1241 1810 1242 1811 1243 1812 1244 1813 1245 1815 1355 1816 1193 1817 1194 1818 1246 1819 1247 1820 1248 1821 1249 1822 1250 1823 1195 1824 1251 1825 1252

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1826 1253 1827 1196 1828 1197 1829 1254 1831 1255 1832 1320 1833 1198 1834 1055 1835 1199 1836 1200 1837 1201 1838 1202 1839 1256 1840 1257 1841 1203 1847 1258 1848 1259 1849 1260 1850 1261 1851 1356 1852 1262 1853 1263 1854 1204 1855 1264 1856 1265 1857 1357 1858 1266 1859 1267 1860 1268 1861 1375 1862 869 1864 1269 1865 1270 1866 1271 1867 1272 1868 1376 1869 1273 1870 1205 1871 1274 1874 1275 1875 1276 1876 1277 1879 1358 1880 1278 1881 1279 1882 1397 1883 1280 1884 1281 1885 1359 1886 1282 1887 1360 1888 1377 1889 1283 1890 1284 1891 1290 1892 1361 1894 1285 1895 1362 1897 1363 1898 1364 1899 1365 1900 1366 1901 1367 1902 1286 1903 1378 1904 1368 1905 1287 1906 1369 1907 1370 1908 1288 11 1293 31 685 42 1071 43 1072 52 1294 60 1073 68 1206 106 1074 137 1075 145 1382 169 1295 217 1296 218 1018 249 1076 250 1398 271 1379 290 1077 296 1380 298 1118 326 1078 328 Veto 7 329 1383 330 1079 331 1080 333 1019 338 Veto 8 346 1081 348 1297 355 922 357 756 359 686 360 687 361 1082 362 688 363 Veto 9 364 689 365 690 366 691 367 692 368 693 369 694 370 1119 371 695 372 696 374 697 375 698 376 699 377 700 378 701 380 1120 381 1083

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382 1084 383 1121 384 1122 385 1411 386 1123 387 1085 388 1124 389 923 391 1086 392 1207 401 1125 403 757 404 871 405 870 406 872 407 873 408 874 409 875 411 876 414 730 415 1087 416 1088 418 712 424 1126 425 1127 428 1089 430 1128 431 1298 432 1129 433 1090 434 1299 438 1130 439 1131 440 1020 442 1321 443 1021 450 1300 451 1301 453 1132 454 1381 457 1091 458 1092 460 1133 461 702 462 1022 463 1023 464 1024 465 1025 466 1026 468 1093 469 1399 470 1400 473 1292 474 717 476 1134 486 1135 489 1094 491 1136 494 1137 498 Veto 10 501 1095 511 1027 512 1028 513 1029 514 1030 515 1322 517 1031 519 877 520 878 521 879 522 1323 523 1096 524 1032 525 1104 527 683 532 1105 533 1097 536 1106 537 1107 538 1108 541 1098 544 1302 546 1033 547 1034 548 707 549 1035 553 1099 557 Veto 11 559 1109 560 1036 561 1208 562 718 566 1110 567 1324 569 1100 570 1325 572 1111 574 1209 576 1412 577 1112 580 1101 582 1422 583 1326 584 1102 587 1103 588 1327 594 1113 595 1114 596 1384 597 1328 599 1037 604 1329 606 1210 610 1115 613 1116 614 1038 615 1039 616 1040 618 1117

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41-124 169 CA 79-311 90 152-551 119 159-621 120 204-794 121 296-998 91 297-1009 122 313-1031 170 CA 429-1103 171 CA 430-1103 172 CA 432-1103 92 433-1103 124 434-1103 173 CA 435-1103 94 438-1103 125 443-1103 123 448-1145 126 449-1145 93 450-1145 200 CA 453-1145 201 CA 454-1145 127 456-1162 202 CA 458-1171 203 CA 459-1190 204 CA 460-1190 174 CA 461-1190 205 CA 462-1200 128 463-1200 87 470-1232 175 CA 471-1232 176 CA 472-1232 177 CA 473-1238 178 CA 476-1248 206 CA 478-1260 207 CA 479-1260 129 480-1260 179 CA 481-1260 208 CA 482-1270 95 483-1270 209 CA 485-1270 130 491-1284 86 492-1291 210 CA 493-1291 131 494-1306 132 507-1312 133 508-1317 134 509-1319 135 510-1346 180 CA 511-1346 181 CA 512-1346 84 513-1346 85 514-1350 136 516-1355 211 CA 517-1361 182 CA 518-1361 212 CA 519-1361 213 CA 520-1361 214 CA 521-1370 215 CA 525-1379 216 CA 526-1383 183 CA 527-1392 217 CA 542-1416 96 543-1416 218 CA 544-1416 219 CA 545-1416 137 546-1416 138 547-1416 139 549-1427 97 551-1437 220 CA 552-1437 221 CA 563-1500 222 CA 564-1512 140 565-1512 223 CA 568-1523 224 CA 569-1529 225 CA 570-1531 226 CA 573-1536 98 574-1539 141 576-1539 99 578-1550 227 CA 581-1570 228 CA 582-1582 229 CA 586-1591 142 587-1593 230 CA 589-1600 143 590-1600 144 591-1600 231 CA 592-1600 185 CA 596-1603 186 CA 621-1612 145 622-1614 187 CA 623-1616 232 CA 624-1616 188 CA 625-1617 233 CA 626-1623 146 631-1630 234 632-1630 147 634-1636 235 CA 635-1636 236 CA 636-1641 189 CA 643-1651 237 CA 644-1666 238 CA 645-1666 239 CA 668-1666 190 CA 669-1672 240 CA 674-1686 191 CA 676-1686 241 CA 678-1700 242 CA 679-1700 243 CA 680-1700 244 CA 681-1706 192 CA 682-1706 100 683-1706 245 CA 684-1706 193 CA 716-1716 88 718-1716 148 722-1739 149 724-1743 194 CA 725-1743 195 CA 726-1743 196 CA 727-1743 101 728-1753 246 CA 729-1753 197 CA 730-1753 247 CA

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731-1753 198 CA 750-1772 150 753-1776 151 754-1776 248 CA 755-1776 249 CA 756-1778 152 757-1778 250 CA 758-1796 251 CA 771-1805 252 CA 772-1805 253 CA 773-1805 254 CA 774-1805 255 CA 775-1805 256 CA 776-1805 257 CA 778-1823 258 CA 781-1830 259 CA 785-1850 260 CA 807-1870 261 CA 823-1875 262 CA 826-1885 263 CA 827-1887 264 CA 828-1891 265 CA 831-1900 199 CA 864-1901 266 CA 227 153 CA 247 154 CA 248 155 CA 249 89 250 109 256 110 258 111 262 112 264 102 265 103 269 104 271 268 277 113 280 156 CA 281 114 282 157 CA 283 115 284 116 285 117 289 105 290 158 CA 291 159 CA 294 106 298 118 307 160 CA 311 162 CA 314 163 CA 318 161 CA 321 267 332 164 CA 338 165 CA 339 107 342 166 CA 343 167 CA 348 168 CA 358 108

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1980 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 1980 BOARDS OF ELECTIONS CREATED IN CERTAIN COUNTIES (11,340 - 11,390). No. 676 (House Bill No. 1030). AN ACT To provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members; to provide for a chairman, clerical assistants and other employees; to provide for compensation for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in each county in this State having a population of not less than 11,340 nor more than 11,390, according to the United States Decennial Census of 1970, or any such future census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such county. Section 2. The board of elections in each such county shall be composed of three members, each of whom shall be an elector and resident of the county, and who shall be appointed as hereinafter

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provided. One member of the board of elections shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member of the board of elections shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each of the above appointments shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above designated political parties at least thirty (30) days before the beginning of the term of office or within thirty (30) days after the creation of vacancy in the office. The remaining member of the board shall be selected by the county governing authority. In making the initial appointments to the board, the member selected by the governing authority shall be appointed for a term beginning on February 1, 1980, and ending on January 31, 1982, and until his successor is duly appointed and qualified and the remaining two members shall be appointed for initial terms beginning on February 1, 1980, and ending on January 31, 1984, and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. Terms of office shall begin on the first day of February following the expiration of the immediately preceding term of office. The board shall select one of their members to serve as chairman at the pleasure of the board. 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. Certification of the appointment of each member shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court, no later than fifteen (15) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State

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and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. Section 5. Each member of the board shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 7. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. The board of elections shall: (a) With regard to the preparation for, conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Code Title 34, as now or hereafter amended, or any other provision of law, or both. (b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Code Title 34, as now or hereafter amended. Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.

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Section 10. Upon the effective date of this Act, the judge of the probate court shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Section 11. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Section 12. Compensation for the members of the board of elections, clerical assistants and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds. 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 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 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1980.

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DOUGHERTY COUNTY BOARD OF EDUCATION CONTRACTS WITH DOUGHERTY COUNTY STADIUM AUTHORITY. No. 677 (House Bill No. 1242). AN ACT To amend an Act providing for the merger of the then existing independent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945, (said amendment designated as Article VIII, Section V, Paragraph I of said Constitution), and Section 12 thereof, approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), and amended by the act approved January 24, 1964 (Ga. L. 1964, pp. 2006-2009), and all other acts amendatory thereof so as to more definitely define the right, authority, duties and powers of the Board of Education of the Dougherty County School System; to authorize said Board of Education to enter into contracts with the Dougherty County Stadium Authority relative to the use of said property, its maintenance and its control for periods of time not exceeding 30 years from the date of any such contract; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the merger of the then existing independent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945, (said amendment designated as Article VIII, Section V, Paragraph I of said Constitution), and Section 12 thereof, approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), and amended by the act

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approved January 24, 1964 (Ga. L. 1964, pp. 2006-2009), and all other acts amendatory thereof is hereby amended by striking from Section 12 thereof the words in its discretion, to enter into contracts with said Stadium Authority relative to the use, maintenance and control of said property for periods of time not exceeding 20 years from the date of the approval of this Act as said words were added to said Section 12 by an Act approved January 24, 1964 (Ga. Laws 1964, p. 2006-2009) and by substituting in lieu thereof the words: in its discretion, to enter into contracts with the Dougherty County Stadium Authority relative to the use, maintenance and control of said property for periods of time not exceeding 30 years from the date of any such contract. 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 1980 session of the General Assembly of Georgia, a bill to amend the Act creating the Dougherty School System (Ga. L. 1951, pp. 2233, et seq.) and all Acts amendatory thereof, so as to more definitely define the right, authority, duties and powers of the Dougherty County Board of Education; to authorize said Board of Education to enter into contracts with the Dougherty County Stadium Authority relative to the use of said property, its maintenance and its control for period of time not exceeding 30 years from the date of any such contract; to repeal conflicting laws; and for other purposes. Charles F. Hatcher Representative Dougherty County

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. 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 The Albany Herald which is the official organ of Dougherty County, on the following dates: December 28, 1979, January 4, 1980, January 11, 1980. /s/ Charles F. Hatcher Representative, 131st District Sworn to and subscribed before me, this 17th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 1, 1980. HENRY COUNTY BOARD OF COUNTY COMMISSIONERS, REFERENDUM. No. 679 (House Bill No. 1489). AN ACT To amend an Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680),

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as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3615), by an Act approved February 9, 1979 (Ga. Laws 1979, p. 3003), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4186), so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts; to change other provisions in conformity with the foregoing; to provide a method of apportioning the territory of Henry County for the purpose of creating single member Commissioner Districts; to provide for a referendum; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new Board of Commissioners of 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), by an Act approved February 9, 1979 (Ga. Laws 1979, p. 3003), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4186), is hereby amended by striking Sections 2, 3, 3A, and 4 in their entirety and substituting in lieu thereof new Sections 2, 3, and 4 to read as follows: Section 2. (a) The Board of Commissioners of Henry County shall be composed of a Chairman and five additional members. The Chairman shall be a full voting member of the Board. The members of the Board shall be elected by the electors of Henry County as hereinafter provided. For the purpose of electing the members of the Board, other than the Chairman, Henry County shall be divided into five Commissioner Districts as follows: Commissioner District 1 shall consist of the following portion of Henry County: McDonough CCD 15 ED's 6 through 9 and ED's 15 and 16. Commissioner District 2 shall consist of the following portion of Henry County:

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Hampton CCD 5 McDonough CCD 15 ED's 13 and 14. Commissioner District 3 shall consist of the following portion of Henry County: Locust Grove CCD 10 McDonough CCD 15 ED 10, that portion thereof east of Ga. Highway 155. ED 11, that portion there east of Ga. Highway 155. ED 12. Commissioner District 4 shall consist of the following portion of Henry County: McDonough CCD 15 ED 10, that portion thereof west of Ga. Highway 155. ED 11, that portion thereof west of Ga. Highway 155. Stockbridge CCD 20 ED 3. Commissioner District 5 shall consist of the following portion of Henry County: Stockbridge CCD 20 ED's 1, 2, 4 and 5. (b) As used in subsection (a) 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. Any portion of Henry County which is not included in Commissioner Districts 1 through 5 as described in subsection (a) of this Section shall be included within that district contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia. (c) The Chairman of the Board may reside anywhere within [Illegible Text]

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Henry County voting on a countywide basis. Any person elected Chairman must be a qualified elector of Henry County and must have been a resident of Henry County for at least two years immediately preceding the date of his election. (d) There shall be one commissioner elected from each of the Commissioner Districts 1 through 5. Any person elected from a Commissioner District must be a qualified elector of Henry County and must have been a resident of the Commissioner District from which elected for at least two years immediately preceding the date of his election. Each commissioner from a Commissioner District shall be elected by a majority of the voters voting within the respective Commissioner District. (e) No person shall be eligible to seek election to or serve as a member of the Board if he holds or is seeking election to any other federal, State, county, or local office. Section 3. (a) The first members of the Board of Commissioners of Henry County provided for by Section 2 of this Act shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The heretofore existing Board of Commissioners of Henry County shall stand abolished effective on January 1, 1981, when the Board of Commissioners elected at the 1980 general election, as provided herein, take office. (b) 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. If the vacancy is in the office of

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Chairman, the Vice-Chairman shall serve as Chairman until a successor shall be elected as provided herein and, during such period, the Board of Commissioners shall be composed of five members. (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. Only the qualified electors of Henry County residing within the Commissioner District wherein the vacancy occurred shall be eligible to vote at such election. 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. If the vacancy is in the office of Chairman, the special election provided for herein shall apply to filling such vacancy, except that the qualified electors of Henry County voting on a countywide basis shall be eligible to vote at said special election. Section 4. At the first meeting of the Board in January after the election of the members, the Board shall organize by electing one of its members Vice-Chairman and another person, not a member of said Board, as Clerk of said Board. The Chairman shall preside at all meetings of the Board when he is present and shall be the executive officer of said Board. He shall sign, as Chairman thereof, all contracts and county warrants when so ordered by the Board. Such instruments shall also be countersigned by the Clerk of the Board. The Chairman shall, when deemed necessary, call special meetings of the Board and shall, through the Clerk of said Board, give to the other members thereof sufficient notice. The Vice-Chairman, in the absence of the Chairman, shall preside over the meetings of the Board and discharge all other duties required of the Chairman. Section 2. Said Act is further amended by striking Sections 17 and 18 in their entirety and substituting in lieu thereof one Section to be designated Section 17 to read as follows:

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Section 17. The Vice-Chairman and Clerk of the Board shall hold their offices at the pleasure of the members of the Board and may be removed at any time by a majority vote of the full membership of the Board. Section 3. Not later than one day 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 Henry County to issue the call for an election for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The superintendent shall set the date of such election for March 11, 1980, if legally possible. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for a Board of Commissioners of Henry County consisting of an elected chairman and five commissioners elected from single member districts created from portions of Henry County based on Census County Divisions 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 Henry 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. If this Act is approved at the election provided for in Section 3 above, it shall become effective immediately thereafter for the purpose of electing the Board of Commissioners of Henry County in accordance with the provisions of Section 1. For all other purposes, except the holding of the election provided for in Section 3, this Act shall become effective January 1, 1981.

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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 1980 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, and for other purposes. This 14th day of December 1979. G. Richard Chamberlin State Representative 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 The Henry Herald which is the official organ of Henry County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980. /s/ G. Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 5, 1980.

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LAURENS COUNTY BOARD OF COUNTY COMMISSIONERS, REFERENDUM. No. 680 (House Bill No. 1544). AN ACT To amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, approved December 1, 1893 (Ga. Laws 1893, p. 362), as amended, particularly by an Act approved August 17, 1908 (Ga. Laws 1908, p. 336), an Act approved August 14, 1909 (Ga. Laws 1909, p. 420), an Act approved August 17, 1911 (Ga. Laws 1911, p. 453), an Act approved August 16, 1915 (Ga. Laws 1915, p. 277), an Act approved August 17, 1917 (Ga. Laws 1917, p. 369), an Act approved July 28, 1925 (Ga. Laws 1925, p. 690), an Act approved February 20, 1951 (Ga. Laws 1951, p. 2694), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2456), and an Act approved February 12, 1960 (Ga. Laws 1960, p. 2077), so as to provide for a five-member board of commissioners in Laurens County, Georgia; to provide for five districts; to provide that commissioners be elected by the voters of their district; to provide for the manner of the election of said members; to provide for qualifications and the terms of office of members; to provide for vacancies; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Laurens, approved December 1, 1893 (Ga. Laws 1893, p. 362), as amended, particularly by an Act approved August 17, 1908 (Ga. Laws 1908, p. 336), an Act approved August 14, 1909 (Ga. Laws 1909, p. 420), an Act approved August 17, 1911 (Ga. Laws 1911, p. 453), an Act approved August 16, 1915 (Ga. Laws 1915, p. 277), an Act approved August 17, 1917 (Ga. Laws 1917, p. 369), an Act approved July 28, 1925 (Ga. Laws 1925, p. 690), an Act approved February 20, 1951 (Ga. Laws 1951, p. 2694), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2456), and an Act approved February 12, 1960 (Ga. Laws 1960, p. 2077), is hereby amended by

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striking Sections 1 and 2 in their entirety and inserting in lieu thereof new Sections 1 and 2 to read as follows: Section 1. Laurens County shall be composed of five commissioner districts to be comprised as follows: COMMISSIONER DISTRICT NO. 1 shall be bounded as follows: Beginning at the intersection of the Oconee River and Hunger and Hardship Creek; Thence northwesterly along Hunger and Hardship Creek to its intersection with U. S. Highway #441 North; Thence in a Southerly direction along U. S. Highway #441 to its intersection with South Jefferson Street; Thence in a Southerly direction on South Jefferson Street to its intersection with Smith Street; Thence in a Southwesterly direction along Smith Street to its intersection with Pine Street; Thence in a Northwesterly direction along Pine Street to its intersection with Telfair Street; Thence in a Southwesterly direction on Telfair Street (U. S. Highway #441 South) to its intersection with Turkey Creek; Thence in an Easterly direction along the boundary of Turkey Creek to State Highway #19 (Glenwood Road);

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Thence in a Northerly direction along State Highway #19 (Glenwood Road) to Interstate Highway #16; Thence in an Easterly direction along Interstate Highway #16 to the boundary of the Oconee River; Thence in a Northerly direction along the boundary of the Oconee River to the point of beginning. COMMISSIONER DISTRICT NO. 2 shall be bounded as follows: Beginning at the intersection of Jackson and South Jefferson Street in the City of Dublin, Laurens County, Georgia; Thence in a Southerly direction along South Jefferson Street to its intersection with Smith Street; Thence in a Southwesterly direction on Smith Street to its intersection with Pine Street; Thence in a Northwesterly direction on Pine Street to its intersection with Telfair Street (U. S. Highway #441); Thence in a Southwesterly direction on Telfair Street to its intersection with Turkey Creek; Thence along the boundary of Turkey Creek in an Easterly direction to its intersection with State Highway #19 (Glenwood Road); Thence in a Northerly direction along State Highway #19 (Glenwood Road) to its intersection with Interstate Highway #16; Thence in an Easterly direction along Interstate Highway #16 to the boundary of the Oconee River; Thence in a Southeasterly direction along the boundary of the Oconee River to the Laurens County line where it borders Treutlen County;

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Thence in a Southerly direction along the boundary of the Oconee River here Laurens County borders Treutlen and Wheeler Counties; Thence in a Southwesterly direction along the County Line where Laurens County borders Wheeler County; Thence in a Westerly direction along the County Line between Laurens County and Dodge County; Thence in a Northwesterly direction along the boundary where Laurens County borders Dodge County to Whitley-Mt. Carmel Road (State Road 518); Thence in a Northeasterly direction on the Whitney-Mt. Carmel Road (State Road 518) to a point where it intersects the Dexter-Eastman Road (Highway #338); Thence in a Southeasterly direction along the Dexter-Eastman Road (State Highway #338) to a point where it intersects Bluewater Creek; Thence in a Northerly direction along Bluewater Creek to a point where it intersects Turkey Creek; Thence in a Northwesterly direction along the boundary of Turkey Creek to Interstate Highway #16; Thence in an Easterly direction along Interstate Highway #16 to its intersection with State Highway #257 (Dublin-Dexter Road); Thence in a Northeasterly direction on State Highway #257 (Dublin-Dexter Road) to the intersection with Marion Street; Thence in an Easterly direction on Marion Street to its intersection with Coney Street; Thence in a Northerly direction on Coney Street to its intersection with Bellevue Avenue; Thence in a Northeasterly direction along Bellevue Avenue to a point here it becomes Jackson Street;

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Thence in a Northeasterly direction on Jackson Street to its intersection with South Jefferson Street and the point of beginning. COMMISSIONER DISTRICT NO. 3 shall be bounded as follows: Beginning at the intersection of Bellevue Avenue and Coney Street in the City of Dublin, Laurens County, Georgia; Thence in a Southwesterly direction on Bellevue Avenue to its intersection with Lancaster Street; Thence in a Northerly direction on Lancaster Street to its intersection with Moore Street; Thence in a Northeasterly direction on Moore Street to its intersection with Claxton Dairy Road; Thence in a Northwesterly direction on Claxton Dairy Road to the boundary of Hunger and Hardship Creek; Thence in a Southwesterly direction along the boundary of Hunger and Hardship Creek to a point which marks the present City Limits of the City of Dublin; Thence in a Northwesterly direction along the present boundary of the City of Dublin to the intersection with Brookwood Drive; Thence in a Northeasterly direction on Brookwood Drive to its intersection with Claxton Dairy Road; Thence in a Northwesterly direction along Claxton Dairy Road to its intersection with Springdale Drive; Thence in a Southwesterly direction on Springdale Drive to its intersection with Brookhaven Drive; Thence in a Northerly direction on Brookhaven Drive to a point where it again intersects Springdale Drive; Thence in a Southwesterly direction on Springdale Drive to a point where it intersects Shamrock Drive;

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Thence in a Southerly direction on Shamrock Drive to a point where it intersects U. S. Highway #80; Thence in a Westerly direction along U. S. Highway #80 to a point where it intersects the Old Macon Road; Thence in a Northwesterly direction on the Old Macon Road to a point where it intersects State Route #413; Thence in a Northerly direction on State Route #413 to a point where it intersects Highway #338; Thence in a Southwesterly direction of Highway #338 to a point where it intersects the boundary of Turkey Creek; Thence in a Northwesterly direction along the boundary of Turkey Creek to its intersection with State Highway #26; Thence in a Southwesterly direction on State Highway #26 to the County Line where Laurens County borders Bleckley County; Thence in a Southerly direction on the County Line where Laurens County borders Bleckley and Dodge Counties to the point where said County Line intersects the Whitley-Mt. Carmel Road (State Road #518); Thence in a Northeasterly direction on the Whitney-Mt. Carmel Road (State Road #518) to its intersection with the Dexter-Eastman Road (State Highway #338); Thence in a Southeasterly direction on the Dexter-Eastman Road (Highway #338) to its intersection with Bluewater Creek; Thence in a Northeasterly direction on Bluewater Creek to its intersection with the boundary of Turkey Creek; Thence in a Northwesterly direction along the boundary of Turkey Creek to its intersection with Interstate Highway #16; Thence in an Easterly direction on Interstate Highway #16 to its intersection with State Highway #257;

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Thence in a Northeasterly direction on State Highway #257 to its intersection with Marion Street; Thence in an Easterly direction on Marion Street to its intersection with Coney Street; Thence in a Northerly direction on Coney Street to its intersection with Bellevue Avenue and the point of beginning. COMMISSIONER DISTRICT NO. 4 shall be bounded as follows: Beginning at the point where the Oconee River and Hunger and Hardship Creek intersect; Thence extending in a Westerly direction along the boundary of Hunger and Hardship Creek to U. S. Highway #441; Thence extending in a Southerly direction on U. S. Highway #441 to a point where it intersects West Jackson Street; Thence in a Westerly direction on West Jackson Street to a point where it meets Bellevue Avenue; Thence continuing in a Westerly direction on Bellevue Avenue to a point where it intersects Lancaster Street; Thence in a Northerly direction on Lancaster Street to a point where it intersects Moore Street; Thence in a Northeasterly direction on Moore Street to a point where it intersects Claxton Dairy Road; Thence in a Northwesterly direction on Claxton Dairy Road to a point where it intersects Hunger and Hardship Creek; Thence in a Southwesterly direction on the boundary of Hunger and Hardship Creek to a point where it intersects the present City Limits of Dublin; Thence in a Northwesterly direction along the boundary of the City of Dublin to the intersection with Brookwood Drive;

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Thence in a Northeasterly direction on Brookwood Drive to its intersection with Claxton Dairy Road; Thence in a Northwesterly direction along Claxton Dairy Road to its intersection with Springdale Drive; Thence in a Southwesterly direction on Springdale Drive to its intersection with Brookhaven Drive; Thence in a Northerly direction on Brookhaven Drive to a point where it again intersects Springdale Drive; Thence in a Southwesterly direction on Springdale Drive to a point where it intersects Shamrock Drive; Thence in a Southerly direction on Shamrock Drive to a point where it intersects U. S. Highway #80; Thence in a Westerly direction along U. S. Highway #80 to a point where it intersects the Old Macon Road; Thence in a Northwesterly direction on the Old Macon Road to a point where it intersects State Route #413; Thence in Northerly direction on State Route #413 to a point where it intersects State Highway #338; Thence in a Southwesterly direction on State Highway #338 to a point where it intersects the boundary of Turkey Creek; Thence in a Northwesterly direction along the boundary of Turkey Creek to its intersection with State Highway #26 to the County Line where Laurens County borders Bleckley; Thence in a Northwesterly direction on the County Line where Laurens County borders Bleckley County to the intersection where Laurens County borders Wheeler County; Thence in a Northeasterly direction on the county line where Laurens County borders Wilkinson County to the intersection of the county line and the Oconee River;

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Thence in a Southerly direction along the boundary of the Oconee River to its intersection with Hunger and Hardship Creek and the point of beginning. COMMISSIONER DISTRICT NO. 5 shall be bounded as follows: All of that portion of Laurens County lying East of the Oconee River. Section 2. (a) Those persons serving as members of the board of commissioners of Laurens County upon the effective date of this section shall serve until January 1, 1981, and until the election and qualification of their successors as herein provided. Thereafter, the board of commissioners of Laurens County shall be composed of five members. One commissioner shall be elected from each of the commissioner districts designated in Section 1. In any such election for members of the board of commissioners of Laurens County, at the time of qualifying each candidate shall designate the commissioner district for which such person is offering. No person shall be eligible to serve as a member of said board of commissioners unless at the time of election such person is a qualified voter and shall have been a resident of Laurens County at least two years and shall have been a resident of the commissioner district for which such person is offering for at least 30 days, and is at least 21 years of age. (b) The first persons to be elected under the provisions of this section shall be elected at the general election held in November, 1980, shall serve for a term of four years, beginning on January 1, 1981, and until their successors are elected and qualified. Each succeeding four years after 1980, their successors shall be elected at the general election immediately preceding the expiration of their respective terms and shall serve for terms of four years, beginning on the first day of January following their election, and until their successors are elected and qualified. (c) Any vacancy occurring on the board of commissioners within the last 12 months of a term of office shall be filled by a majority of the remaining members of the board appointing a person to serve out the unexpired term of office. Any vacancy occurring other than within the last 12 months of a term of office shall be filled for the unexpired term by a special election which

Page 3025

shall be held within 45 days after such vacancy occurs. Any person appointed or elected under this subsection (c) to fill a vacancy shall have been a resident of the commissioner district to which such person was appointed or elected for at least 30 days prior thereto. Section 3 . Not later than 30 days after the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Probate Judge of Laurens County to issue the call for election for purposes of submitting this Act to the electors of Laurens County for approval or rejection. The probate judge shall set the date of such election for March 11, 1980, provided such date is not less than 30 days after the date of the issuance of the call. The probate judge 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 Laurens County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for a five-member Laurens County Board of Commissioners, providing for five commissioner districts, providing that the commissioners be elected by the voters of their respective districts, and providing for the manner of the election of said commissioners be approved? All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Laurens County. It shall be the duty of the Probate Judge of Laurens County to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Probate Judge to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3026

Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Laurens County, Georgia, as amended, by increasing the number of districts from three (3) to five (5); to provide for the election of said commissioners by the qualified voters of their respective road districts; to define their powers and duties; to fix their compensation; to provide for an effective date; to repeal conflicting laws; and, for other purposes. Leon Green County Attorney Georgia, Laurens County. This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and That the attached was published on January 9, 16, and 23, 1980. Certified this the 24th day of January, 1980. /s/ Dahlia Wren, Editor and Publisher Laurens County News Sworn to and subscribed before me, this 24th day of January, 1980. /s/ Donald W. Gillis Notary Public, Georgia State at Large My Commission Expires Aug. 19, 1982 (Seal). Approved February 6, 1980.

Page 3027

UPSON COUNTY SCHOOL SUPERINTENDENT, REFERENDUM. No. 681 (House Bill No. 1595). AN ACT To provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to amend the residence requirements; to provide the procedures connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . At the expiration of the term of office of the present Upson County School Superintendent or in the event a vacancy shall occur in such office prior to the expiration of such term of office, the Board of Education of Upson County shall thereafter appoint the Upson County School Superintendent. Said appointment to be for a term to be set at the discretion of the Board of Education of Upson County but for not more than four years. The Upson County School Superintendent shall serve at the pleasure of the Board of Education of Upson County and be subject to removal as provided by law. Section 2 . Qualifications, powers, duties, and compensation of the Upson County School Superintendent shall be as provided by law. The Superintendent shall, at the time of appointment, not be required to be a resident of Upson County, Georgia; however, he shall be required to be a resident of Upson County, Georgia within six (6) months after his appointment.

Page 3028

Section 3 . Not less than 10 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Judge of the Probate Court of Upson County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Judge of the Probate Court shall set the date of such election for a day not less than 15 nor more than 45 days after the date of the issuance of the call. The Judge of the Probate Court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Upson County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing that at the expiration of the present term of office of the Upson County School Superintendent, the Board of Education of Upson County shall appoint the County School Superintendent be approved? All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Upson County. It shall be the duty of the Judge of the Probate Court to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3029

Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to provide the procedures connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Board of Education of Upson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Thomaston Times and Free Press which is the official organ of Upson County, on the following dates: January 16, 23, 30, 1980. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 11, 1980.

Page 3030

IRWIN COUNTY OFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 683 (Senate Bill No. 527). AN ACT To consolidate the offices of tax receiver and tax collector of Irwin County into the office of the tax commissioner of Irwin County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Irwin County are hereby consolidated and combined into the one office of the tax commissioner of Irwin County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this state. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Irwin County in 1980. The person so elected shall take office on the first day of January following his election for a term of four years and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of the present tax collector and tax receiver of Irwin County, and their terms of office shall continue through December 31, 1980.

Page 3031

Section 3. The tax commissioner shall receive for his services as such an annual salary of $12,000.00, payable in equal monthly installments from the funds of Irwin County. Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Irwin County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him together with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, which commissions the tax commissioner shall be entitled to receive and retain in addition to the salary provided for herein. Section 5. The governing authority of Irwin County shall have the authority to fix the number and compensation of such personnel as it 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. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures, and utility expenses, shall be paid by the county from county funds. Section 6. All taxes due and payable to Irwin County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued.

Page 3032

Section 7. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Irwin County to issue the call for an election for the purpose of submitting this Act to the electors of Irwin County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 100 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 Irwin County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act consolidating the offices of tax receiver and tax collector of Irwin County into the office of tax commissioner of Irwin County be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Irwin County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation Notice is hereby given that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to consolidate the offices of Tax Collector and Tax Receiver of Irwin County, Georgia into the office of Tax Commissioner of Irwin County, Georgia and to provide for the rights, duties and liabilities of said office; to provide

Page 3033

for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the Tax Commissioner; (to provide for personnel in the office of the Tax Commissioner, the compensation, and the payment of expenses); to make provisions relative to taxes and tax fi fas; (to provide for a referendum); to repeal conflicting laws; and for other purposes. This 2nd day of January, 1980. George W. Paulk, Chairman Of Board of County Commissioners of Roads and Revenue, Irwin County, GA Georgia, Irwin County. Personally appeared before the undersigned attesting officer, William S. Bradford, who being duly sworn to speak the truth, states under oath that he is the publisher of The Ocilla Star, which is the official organ of Irwin County, Georgia and that there has been deposited with said newspaper the cost of publishing therein once a week for three (3) consecutive weeks, on the 3rd, 10th, and 17th of January, 1980, a notice from the Irwin County Board of Commissioners of Roads and Revenue of its intention to introduce legislation to consolidate the offices of Tax Collector and Tax Receiver of Irwin County, Georgia into the office of Tax Commissioner of Irwin County, Georgia and to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the Tax Commissioner; (to provide for personnel in the office of the Tax Commissioner, the compensation, and the payment of expenses); to make provisions relative to taxes and tax fi fas; (to provide for a referendum); to repeal conflicting laws; and for other purposes. A copy of said notice as it appears in the official organ of Irwin County, Georgia is attached hereto as Exhibit A. This 21st day of January, 1980.

Page 3034

/s/ William S. Bradford(LS) Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Larry P. Harper Notary Public (Seal). Approved February 11, 1980. DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY ACT AMENDED. No. 684 (House Bill No. 1086). AN ACT To amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. Laws 1975, p. 2623), so as to change the limits of the Downtown LaGrange District; to change the provisions relating to the powers of the Authority; to change the provisions relating to debt obligations of the Authority and validation of the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. Laws 1975, p. 2623), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

Page 3035

Section 3. There is hereby created within the City of LaGrange the Downtown LaGrange District which shall be composed of all that territory embraced within the following description: `All that tract or parcel of land lying and being in the City of LaGrange, Georgia, and being more particularly described as follows: Beginning at the intersection of North Lewis Street and Smith Street and running thence in an easternly direction and along Smith Street to its intersection with Morgan Street; running thence in a southernly direction and along Morgan Street to its intersection with West Depot Street; running thence in a westernly direction and along West Depot Street to its intersection with South Lewis Street; running thence in a northernly direction and along South Lewis Street to its intersection with Vernon Street; running thence in a westernly direction and along Vernon Street to its intersection with Greenwood Street; running thence in a northernly direction and along Greenwood Street to North Greenwood Street; running thence in a northernly direction and along North Greenwood Street to its intersection with Haralson Street; running thence in a westernly direction and along Haralson Street to its intersection with Gordon Street; running thence in a northernly direction and along Gordon Street to a line formed by projecting the northern margin of Battle Street in a westernly direction to and across Gordon Street; running thence in an easternly direction and along said projection of the northern margin of Battle Street to Battle Street; running thence in an easternly direction and along Battle Street to its intersection with North Lewis Street; running thence in a northernly direction and along North Lewis Street to the point of beginning.' Section 2. Said Act is further amended by striking in its entirety subsection (c) of Section 5 and inserting in lieu thereof a new subsection (c) to read as follows: (c) To grant, loan and lease any of its funds and property to private persons and corporations for the purpose of making capital improvements to or acquisitions of real properties within the Downtown LaGrange District which, in the judgment of the governing body of this Authority, shall be of benefit to the economic improvement and development of said district or area;.

Page 3036

Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The revenue bonds and other obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of LaGrange or the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution (formerly Article VII, Section VII, Paragraph I of the Constitution of 1945), nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. Such obligations shall not be payable from, nor a charge upon, any funds of the city. All interest payable on obligations of the Authority is hereby declared to be tax exempt for any and all purposes. Section 4. Said Act is further amended by striking from Section 7 the following language in the next to last sentence: shall be validated in the Superior Court, and inserting in lieu thereof the following: may be validated in the Superior Court, so that when so amended Section 7 shall read as follows: 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

Page 3037

dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bond said governing authority then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the 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 may be validated in the Superior Court of Troup County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue. 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 1980 session of the General Assembly of Georgia, a bill to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. Laws 1975, p. 2623); and for other purposes. This 17th day of December, 1979. /s/ Nasor J. Mansour, Jr. Downtown LaGrange Development Authority c/o Howard R. Park, Jr. P. O. Box 250 LaGrange, Ga. 30241

Page 3038

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Mullinax who, on oath, deposes and says that he/she is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The LaGrange Daily News which is the official organ of Troup County, on the following dates: December 28, 1979, January 4, 11, 1980. /s/ Ed Mullinax Representative, 69th District Sworn to and subscribed before me, this 14th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 12, 1980. MILLER COUNTY COMPENSATION OF TAX COMMISSIONER. No. 702 (Senate Bill No. 461). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Miller County into the office of the tax commissioner

Page 3039

of Miller County, approved March 31, 1967 (Ga. Laws 1967, p. 2332), 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 consolidating the offices of tax receiver and tax collector of Miller County into the office of the tax commissioner of Miller County, approved March 31, 1967 (Ga. Laws 1967, p. 2332), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of not less than $12,000.00 nor more than $15,000.00, the exact amount to be determined by the board of commissioners of Miller County in January of each year. Said salary shall be paid in equal monthly installments from the funds of Miller 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. 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 Miller County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended.

Page 3040

Section 3. This Act shall become effective 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 I shall introduce a bill in the 1980 session of the General Assembly to change the compensation of the Tax Commissioner of Miller County, Georgia, and for other purposes. This 18th day of December, 1979. Rep. Ralph Balkcom Sen. Jimmy Hodge Timmons Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Timmons who, on oath, deposes and says that he/she is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Miller County Liberal which is the official organ of Miller County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980. /s/ J. H. Timmons Senator, 11th District Sworn to and subscribed before me, this 22nd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 14, 1980.

Page 3041

MURRAY COUNTY CORONER PLACED ON SALARY BASIS. No. 704 (House Bill No. 1127). AN ACT To place the coroner of Murray County on an annual salary; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The coroner of Murray County is hereby placed upon an annual salary of $1,800.00, payable in equal monthly installments out of the general funds of Murray County. Section 2. The necessary operating expenses of the office of the coroner 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 Murray 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.

Page 3042

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 1980 session of the General Assembly of Georgia a bill to place the coroner of Murray County upon an annual salary; to provide for the payment of the operating expenses of the office of the coroner of Murray County; and for other purposes. This 20th day of December, 1979. 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 The Chatsworth News which is the official organ of Murray County, on the following dates: December 20, 1979, December 27, 1979, January 3, 1980. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 15th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 15, 1980.

Page 3043

BALDWIN COUNTY ELECTION OF BOARD OF COUNTY COMMISSIONERS, REFERENDUM. No. 707 (Senate Bill No. 548). AN ACT To amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, so as to provide for the election of board members from districts; to provide for the election of the chairman; to provide for election districts; to provide for terms of office; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) There is hereby created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For the purpose of electing members of the board, Baldwin County shall be divided into four election districts as follows: Election District No. 1 shall consist of the following territory within Baldwin County:

Page 3044

Milledgeville CCD 20 ED's 5, 6, 7, and 8 ED 10, Blocks 202 through 207 and 211 through 215. Election District No. 2 shall consist of the following territory within Baldwin County: Midway-Hardwick CCD 15 ED 15 ED 16, that portion which lies east of a line described as follows: Beginning at a point where Georgia Highway 112 intersects Camp Creek; thence northerly along Georgia Highway 112 to a point where Georgia Highway 112 intersects Laboratory Drive; thence westerly along Laboratory Drive to a point where Laboratory Drive intersects Garrard Road; thence northerly along Garrard Road to a point where Garrard Road intersects Mobley Road; thence westerly along Mobley Road to a point where Mobley Road intersects Twin Road; thence northeasterly and northerly along Twin Road to a point where Twin Road intersects Broad Street; thence westerly along Broad Street to a point where Broad Street intersects Swint Avenue; thence northerly along Swint Avenue to a point where Swint Avenue intersects the northern boundary of ED 16 Milledgeville CCD 20 ED's 13 and 14 Union Point CCD 25. Election District No. 3 shall consist of the following territory within Baldwin County:

Page 3045

Coopers CCD 5 ED's 23, 24, and 25 Midway-Hardwick CCD 15 ED 16, except that portion included in District No. 2 ED's 17 and 18. Election District No. 4 shall consist of the following territory within Baldwin County: Coopers CCD 5 ED 26 Meriwether CCD 10 Milledgeville CCD 20 ED 9 ED 10, Blocks 217 and 301 through 304. For the purposes of the description of election districts as provided for above, the designation `CCD' shall mean `Census County Division'; the designation `ED' shall mean `Enumeration District.' The terms `Census County Division,' `Enumeration District,' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States decennial census of 1970 for the State of Georgia, County of Baldwin. Any portion of Baldwin County which is not included in any election district described above shall be included within that election district contiguous to such portion which contains the least population according to the United States decennial census of 1970. (b) There shall be one member of the board of commissioners elected from each election district. Each such member shall be elected by the qualified voters of Baldwin County residing solely within his election district. There shall be one member elected from the county at large who shall serve as the chairman of said board of commissioners. Any person qualifying as a candidate shall designate the election district for which he desires to qualify; or, if he desires to qualify for the post of chairman, he shall designate the `Chairman Post.' A person shall not be permitted to qualify as a candidate for an election district and the `Chairman Post.' A person offering as a candidate for election to the board from any election district shall be a legal resident of the district. A vacancy shall be created by any member of the board of commissioners who changes

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(c) The members of the board of commissioners of Baldwin County serving on the effective date of this Act, 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 members of the board of commissioners, including the chairman, elected in accordance with the provisions of subsections (a) and (b) shall be elected to take office on January 1, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, 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 for terms of four years and until their successors are elected and qualified. Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Baldwin County to issue the call for an election for the purpose of submitting this Act to the electors of Baldwin County for approval or rejection. The superintendent shall set the date of such election for Tuesday, March 11, 1980. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the election of the members of the board of commissioners of Baldwin County from election districts, with the exception of the chairman, who shall be elected from the county at large, 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 Baldwin County. It shall be the duty of the superintendent to hold and conduct such

Page 3047

election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended; and for other purposes. This 11th day of January, 1980. Wilbur E. Baugh Representative, 108th District Bobby Eugene Parham Representative, 109th District Culver Kidd Senator, 25th District Georgia, Baldwin County. I, Roger W. Coover, do solemnly swear that I am the Publisher of the Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Culver Kidd for: Bill to amend an Act creating a Board of Commissioners of Baldwin County, was inserted in space of legal advertisement as follows: January 18, 25, February 1, 1980. /s/ Roger W. Coover, Publisher

Page 3048

Subscribed and sworn before me, this 1st day of February, 1980. /s/ Patsy C. Smith Notary Public My Commission Expires May 4, 1982. (Seal). Approved February 15, 1980. STATE COURT OF SPALDING COUNTY TERMS, JURIES, ETC. No. 709 (House Bill No. 1616). AN ACT To amend an Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3441), so as to change the terms of said court; to provide for sixman juries and procedure related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3441), is hereby amended by striking in its entirety Section 17, which reads as follows: Section 17. The regular terms of the State Court of Spalding County shall be held quarterly, beginning on the first Monday in March and December of each year, on the third Monday of May of

Page 3049

each year, and on the first Tuesday of September of each year. Adjourned and special terms of court may be called as needed by the judge of said court., and inserting in its place a new Section 17 to read as follows: Section 17. The regular terms of the State Court of Spalding County shall begin on the first and second Mondays in March, the third and fourth Mondays in May, the first and second Mondays in August, and the first and second Mondays in November of each year. Adjourned and special terms of court may be called as needed by the judge of said court. Section 2. Said Act is further amended by striking in their entirety Sections 25 and 26, which read as follows: Sec. 25. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Griffin shall be procured in the following manner: The clerk of said court shall provide a city court jury box similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list, and of each person upon the traverse jury lists of the superior court of said county, and shall place all of said names in the city court jury box, from which shall be drawn twentyfour traverse jurors to serve in said court. All laws in reference to the drawing and summoning and impaneling traverse juries in the superior courts shall apply to the city court of Griffin, and the said city court judge shall have the same power to summons tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in said court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are, or may hereafter be paid. Sec. 26. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, impaneling, challenging and fining jurors now of force or hereafter be enacted, regulating the same in the superior courts, shall apply to and be observed in the said city court, except when inconsistent with the provisions of this Act. In cases where issues are to be tried by jury, the parties shall be entitled to the full panel of twenty-four (24) from which to strike. In civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to

Page 3050

serve seven peremptory challenges and the State five. And all laws and rules governing the selection of juries in the superior court shall apply to the city court of Griffin, unless inconsistent with this Act., and inserting in their place new sections to read as follows: Sec. 25. Be it further enacted by the authority aforesaid, That traverse juries in the State Court of Spalding County shall be procured, drawn, summoned, and paid pursuant to the same laws which apply to said matters in superior courts except as specifically provided otherwise in this Act. The judge shall have the same power to summon tales jurors as do the judges of superior courts. Sec. 26. Be it further enacted by the authority aforesaid as follows: (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 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 3. This Act shall become effective upon its approval by the Governor or upon its becoming 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 1980 Session of the General Assembly of Georgia a Bill to change the number of jurors required in the State Court of Spalding County and to change the various terms of said Court, and to repeal conflicting laws and for other purposes. This the 15th day of January, 1980. /s/ Maureen C. Jackson as Clerk of Spalding County Commissioners CERTIFICATE Georgia, Spalding County. I, Quimby Melton, Jr., the undersigned, as publisher of the Griffin Daily News, do hereby certify that the foregoing 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 19, 1980; January 26, 1980; and February 2, 1980. This 4th day of February, 1980. /s/ Quimby Melton, Jr., as Publisher of Griffin Daily News Griffin, Georgia

Page 3052

Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to change the number of jurors required in the State Court of Spalding County and to change the various terms of said Court, and to repeal conflicting laws and for other purposes. This the 15th day of January, 1980. 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 19, 1980, January 26, 1980, February 2, 1980. /s/ James R. Fortune, Jr. Representative, 71st District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Amela Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal). Approved February 21, 1980.

Page 3053

DOWNTOWN ATHENS DEVELOPMENT AUTHORITY ACT AMENDED. No. 713 (House Bill No. 1293). AN ACT To amend an Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. Laws 1977, p. 3533) so as to provide for powers 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 Downtown Athens Development Authority, approved March 23, 1977 (Ga. Laws 1977, p. 3533) is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof the following: Section 6. The Authority shall have the power: (1) To buy, acquire, construct, develop, rehabilitate, improve, own, operate, maintain, sell, lease and mortgage land, buildings, parking facilities, malls, arcades, roadways, street lights, sidewalks 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 Athens Area which promote the economic improvement and development or redevelopment of the Downtown Athens Area; (2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (3) To grant, loan, sell and lease any of its funds and property to private persons and corporations agreeing to operate, expand, acquire, construct, develop, rehabilitate, improve, own and maintain any commercial or business enterprise or establishment or any dwelling accommodations, cooperative apartments and condominiums within the Downtown Athens Area, which in the judgment of the governing body of the Authority will be of benefit to the economic improvement and development or redevelopment of said area;

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(4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign proceeds of tax levied within the Downtown Athens Area, and any and all of its funds, revenues, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (5) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act; (6) To encourage and promote the economic improvement, development, redevelopment and rehabilitation of the Downtown Athens Area and to make long-range plans therefor in cooperation with the planning developments of the Mayor and Council of the City and Clarke County; (7) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (8) To designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred; (9) 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; (10) To contract with the Mayor and Council of the City of Athens for the collection of any taxes levied pursuant to this Act; (11) To adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; (12) To exercise all of the powers vested in the Authority by Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976 and all other necessary and ancillary powers necessary to carry out the provisions of said paragraph as it pertains to the Downtown Athens Development Authority;

Page 3055

graph as it pertains to the Downtown Athens Development Authority; (13) The revenue bonds or other obligations herein authorized to be issued shall not be deemed to constitute a debt of the Mayor and Council of the City of Athens 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, funds of the City. If given as security for bonds or other obligations, any bondholder or lender shall have the right to compel the Authority and the City to levy the special tax herein provided for within the limit herein prescribed to pay the bonds or other obligations and interest thereon. (14) The Authority is hereby authorized to issue revenue bonds or other obligations from time to time, to carry out the purposes of this Act. Revenue bonds or other 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 the Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds or other obligations 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. The Authority is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Georgia, that the Authority is an institution of purely public charity and will be performing

Page 3056

an essential governmental function in the exercise of the power conferred upon it by this Act, and for such reasons, the State covenants with the holders from time to time of the bonds and other obligations issued hereunder that the Authority shall be required to pay no taxes or assessments imposed by the State or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase price, installments or otherwise, and that the bonds and other obligations of the Authority, their transfer and the income therefrom shall at all times be exempt from taxation within the State of Georgia. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds and other obligations shall bind said governing body 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 other obligations and to create and maintain a reserve for that purpose. Bonds issued by said Authority shall be validated in the Superior Court of Clarke County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1937, p. 761) as amended. There shall be no limitation upon the amount of revenue bonds or other obligations which the Authority may issue. 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 Legislation Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. Laws 1977, p. 3533) and for other purposes.

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This 2nd day of January, 1980. Paul C. Broun Senator Hugh Logan Robert Argo John Russell Representatives Georgia, Clarke County. Personally appeared before me, the undersigned Notary Public R. M. McCommons who after being duly sworn stated under each oath that he is the Publisher of The Athens Observer newspaper, a newspaper of general circulation published in the city of Athens, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Athens Observer on January 3, 10, 17, 1980. /s/ R. M. McCommons Sworn to and subscribed before me, this 18th day of January, 1980. /s/ Anne Brightwell Notary Public, Georgia State At Large. My Commission Expires May 17, 1982. (Seal). Approved February 29, 1980.

Page 3058

WHITFIELD COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT AND PROBATE JUDGE. No. 714 (House Bill No. 1418). AN ACT To amend an Act placing the sheriff, clerk of the superior court and judge of the probate court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended, particularly by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3510) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3106), so as to change the compensation of the clerk and the probate judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, clerk of the superior court and judge of the probate court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended, particularly by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3510) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3106), is hereby amended by striking in their entirety the second and third unnumbered paragraphs of subsection (a) of Section 2 thereof and substituting in lieu thereof the following: In addition to the salary of the clerk of the superior court and the judge of the probate court in effect on the effective date of this paragraph, the clerk and the judge shall each receive an additional $2,000.00 for the period beginning on the effective date of this paragraph and ending on December 31, 1980. Beginning January 1, 1981, the clerk of the superior court and the judge of the probate court shall each receive an annual salary in the amount of $22,176.00, which amount shall be increased by five percent for each four-year term completed by such officers after January 1, 1981. The salaries of the clerk and the judge shall be payable in equal monthly installments out of county funds. The provisions of subsection (b) of this section shall not apply to the clerk and the judge after December 31, 1980.

Page 3059

Section 2. This Act shall become effective on the first 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 1980 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, clerk of the superior court, and judge of probate court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3593); and for other purposes. This 21st day of December, 1979. /s/ Roger Williams Honorable Roger Williams Representative, 6th District /s/ R. L. Foster Honorable R. L. Foster Representative, 6th District /s/ Tom Ramsey Honorable Tom Ramsey Representative, 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. L. Foster who, on oath, deposes and says that he/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

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organ of Whitfield County, on the following dates: December 28, 1979, January 4, 1980, January 11, 1980. /s/ R. L. Foster Representative, 6th District Sworn to and subscribed before me, this 23rd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 29, 1980. ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY ACT AMENDED. No. 715 (House Bill No. 1483). AN ACT To provide for additional powers to the Rome-Floyd County Development Authority; to provide for definitions; to provide for additional projects of the authority; to remove certain interest rate ceilings; to provide for applicability; to specify the grounds for certain amendments; 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. For purposes of this Act, the Rome-Floyd County Development Authority is that authority established pursuant to a resolution amending Article VII, Section VII, Paragraph V of the Constitution of 1945, which resolution appears in Ga. Laws 1962, p. 1067, which resolution was ratified November 6, 1962, and which resolution was continued as part of the Constitution of 1976. This Act is based upon those powers granted by subsection P of Section 1 of said amendatory resolution. Section 2. In addition to any other powers granted to the Rome-Floyd County Development Authority and without limiting any such powers, said authority is hereby granted all powers granted to authorities under the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended. Section 3. In addition to any other projects regarding which the Rome-Floyd County Development Authority may exercise its powers and duties and without limiting any such projects, such powers and duties may also be exercised regarding any project as defined in the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended. Section 4. In addition to any other powers granted to the Rome-Floyd County Development Authority and without limiting any such powers, said authority is hereby authorized to set the rate or rates at which bonds of the authority bear interest without any ceiling as to such rate or rates. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent To Introduce Local Legislation Notice is hereby given that a local bill will be introduced in the 1980 Regular Session of the General Assembly to change the Rome-Floyd County Development Authority so as to provide additional

Page 3062

powers, to expand the definition of the word project; to remove the ceiling on the interest rate of seven (7%) per cent per annum on bonds and other obligations issued by said Authority; and for other purposes. This 8th day of January, 1980. Kenneth C. Fuller Representative, District 16 Georgia, Floyd County. I, Leatha Davenport do solemnly swear that I am the Treasurer of The Rome News-Tribune, printed and published at Rome, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice of Local Legislation was inserted in The Home News-Tribune in space of 100 words on dates as follows: January 10, 17, 24, 1980. /s/ Leatha Davenport Subscribed and sworn to before me, this 25th day of January 1980. /s/ Jean Mullinax Notary Public (Seal). Approved February 29, 1980.

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STEPHENS COUNTY SMALL CLAIMS COURT. No. 716 (House Bill No. 1636). AN ACT To create and establish a Small Claims Court in and for Stephens 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 filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created and established a Small Claims Court in and for Stephens County. The court shall have civil jurisdiction in cases ex contractu in which the principal sum claimed or value of the property involved is greater than $200.00 but less than $3,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county and shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace in civil cases by the laws of the State of Georgia. (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 Stephens County or the Superior Court of Stephens County, the judge of the Small Claims Court may transfer

Page 3064

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 said court by plaintiff. Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must have been a resident of Stephens County for one year immediately preceding the date of the appointment of such judge, must be at least twenty-five years of age, must have completed two years of college education and have at least an associate degree or be a licensed and practicing attorney-at-law, 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. (c) The Judge of the Small Claims Court shall be subject to be removed from office for any sufficient cause which shall mean cause relating to and affecting the administration of his office and material as to the interests of the public and on conviction for malpractice in office as Justices of the Peace are. Removal for cause shall only occur after presentation of evidence to the Judge of the Superior Court of Stephens County and the Judge of the Small Claims Court shall have been given the opportunity to appear before the Judge of the Superior Court and make such sworn statement as he shall desire. 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 Stephens County or the judge of the State Court of Stephens County, on application of said judge of the Small Claims Court who is unable to act, may perform such duties, and hear and determine all such matters as may be submitted to him, and may 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 hereby prescribed to be performed by the clerk may be performed by the judge, although the judge may

Page 3065

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 the notice shall be made only within the county. Service shall be made by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with return 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) The notice shall include the date, hour and location of the hearing, which date shall not be less than fifteen 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. (d) 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, certified or registered mail, return receipt requested, 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

Page 3066

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 part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (e) 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. (f) When served as provided, the cost of service as hereinafter provided shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (g) 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. 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 filing fee and the cost of service, as hereinafter provided with the court, which shall cover all costs of the proceeding not otherwise provided for. 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 the fee hereinafter set forth 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.

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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, and any excess which exceeds the jurisdiction of the court may be asserted by the defendant in a separate action in the Small Claims Court or in any other court of competent jurisdiction. 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 the Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so

Page 3068

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. (a) A judgment of the 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. (b) The judge shall have authority to issue all necessary and proper writs of execution, including fieri facias. It shall be the duty of the clerk of superior court when any such writ is filed with him to enter it on the general execution docket. Section 14. The Sheriff of Stephens County and his deputies may also serve all summons and writs issued by the Small Claims Court but only after the means of service provided herein have been exhausted and after the Judge of the Small Claims Court shall make a sworn affidavit that such means of service have been attempted and have been unsuccessful. Section 15. (a) The Judge or Clerk of the Small Claims Court shall be entitled to charge and collect the following fees: Filing and docketing statement of claim $ 12.50 Filing and docketing attachment $ 12.50 Filing and docketing garnishment $ 12.50 Filing and docketing trover action $ 12.50 Filing claim affidavit and bond $ 12.50 Service of notice of hearing or summons $ 7.50 Issuing fieri facias $ 2.00 Issuing subpoena or summons to witness $.50 (b) The bailiffs of the Small Claims Court shall be entitled to the following fees: Serving notice of hearing or summons and returning original, per copy (to be paid from the fee paid for service) $ 5.00 Summoning each witness $ 1.00 Levying fieri facias $ 7.50 Returning nulla bona $ 2.00 Settling fieri facias without sale $ 3.00 Commissions on sales of property ten (10%) per cent of the first $ 250.00 and five (5%) percent on all sums over that amount, with the minimum of $ 5.00

Page 3069

Section 16. Review of judgments entered in the Small Claims Courts may be had by writ of certiorari to the Superior Court of Stephens County. 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 Stephens County

Page 3070

Page 3071

Section 18. A summons of garnishment may be served by a lawful constable or by a Small Claims Court bailiff. 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. 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 Georgia Code Annotated 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 19. The judge of the Superior Court of Stephens County may, from time to time, make rules for a simple, inexpensive and

Page 3072

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 20. The judge of the 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 and shall be compensated out of the fees herein provided. 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 Georgia Code Annotated Section 24-804 and give the bond prescribed in Georgia Code Annotated 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. Section 21. Within ninety days after this Act becomes effective, the judge of the superior court of Stephens County shall appoint the judge of the Small Claims Court of Stephens County who shall take office immediately after his appointment and qualification and serve until December 31, 1982, and until his successor is duly appointed and qualified. During the month of November, 1982, and in the month of November of each four years thereafter, it shall be the duty of the judge of the superior court of Stephens County to appoint a successor who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified. Nothing contained herein shall be construed to prevent the judge of the Small Claims Court from being appointed to succeed himself. All vacancies in the office of judge of the Small Claims Court shall be filled by appointment of a successor by the judge of the superior court of Stephens County, and such successor shall serve for the remainder of the unexpired term. A vacancy may be declared by the judge of the Superior Court of Stephens County upon presentation of satisfactory evidence that the

Page 3073

judge of the Small Claims Court has failed substantially to carry out the duties of his office for a period of at least ninety (90) days due to sickness, absence, or other cause. Section 22. 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 the court, may be furnished by the Board of Commissioners of Stephens County. They may also provide a suitable room in the courthouse for the holding of said court. In the event that the Board of Commissioners fails to furnish any of the above items, the judge shall have the authority to assess in each case an administrative fee to cover the cost of said items not to exceed $2.50 in addition to the deposit of costs required by Section 15. Section 23. (a) The Small Claims Court shall have no designated terms, but 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. It shall be the duty of the judge of the Small Claims Court to hold a session of court on at least one Saturday of each month, the Saturday to be selected by the judge, and to hold evening sessions as are necessary to permit the attendance of persons who are unable to attend court during the normal working day. (b) The Small Claims Court shall hold its hearings in the Courtroom of the Stephens County Courthouse, provided that such hearings do not conflict with any session or proceeding of the State or Superior Courts of Stephens County. In the event of such a conflict, the Small Claims Court shall hold its hearings in the Grand Jury Room of said courthouse, provided the Grand Jury is not in session. Section 24. The judge of said court shall have the power to impose fines of not more than fifty dollars on, or to imprison for not longer than seventy-two 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 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,

Page 3074

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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 27. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to authorize the establishment of a Small Claims Court for Stephens County, Georgia. This 10th day of December, 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: December 13, December 20, and December 27, 1979. /s/ Jack Irvin Representative, 10th District

Page 3075

Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 29, 1980. PULASKI COUNTY SMALL CLAIMS COURT. No. 724 (House Bill No. 1797). AN ACT To create and establish a Small Claims Court of Pulaski 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.

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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 of Pulaski County. Said court shall have civil jurisddiction 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) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Pulaski County, must be at least 22 years of age, have completed a high school education, must be a person of outstanding character and integrity, and must not be an elected public official. (b) All other officers, now or hereafter provided, appointed to or employed by said court must be at least 21 years of age and must be residents of the county. Section 3 . Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, any judge of the Superior Court of Pulaski County, the probate court judge, or any judge of a city court located in said county, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. 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,

Page 3077

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 $7.50. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) 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 30 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 3078

power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge; and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $15.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. 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.

Page 3079

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 Pulaski 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. Any such small claims court bailiff 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

Page 3080

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 Pulaski County

Page 3081

Page 3082

Section 18 . The Pulaski County Grand Jury shall appoint, on or before the effective date of this Act, a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed and qualified and shall thereafter appoint successors in like manner for a like 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.

Page 3083

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 shall be required to file his answer sooner than 10 days after he is served with summons, however. Whenever a garnishee shall fail or refuse to answer as provided above, unless the court in its discretion extends the time for filing, the judge may render a default judgment and issue an execution against the garnishee; 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 on the back of a conformed copy of the original summons of garnishment, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment. Section 22 . The books of the court shall be reviewed and audited annually by the grand jury. Section 23 . The judge of said court shall have the power to impose fines of not more than $50.00 on 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 $7.50, plus a reasonable amount for expenses, to be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent 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

Page 3084

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 Intent That is to say that I intend to introduce at this 1980 Legislative Session, a bill to create a small Claims Court in and for Hawkinsville and Pulaski County. Ben Jessup Respresentative, District 117 Georgia, Pulaski County. Personally appeared before me, the undersigned officer, duly authorized to administer oath in said State and County, Charlie Southerland, who, having been duly sworn, deposes and says on oath that he is publisher of Hawkinsville, Dispatch and News, that, as such, he is authorized to make this Affidavit, and that the attached notice was published in the Hawkinsville Dispatch and News, a local newspaper of general circulation in Pulaski County, Hawkinsville, Georgia, on January 16, January 23, January 30, 1980. This 6th day of February, 1980. /s/ Charlie Southerland

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Sworn to and subscribed before me, this 9th day of February, 1980. /s/ Ben F. Jessup, Jr. Notary Public My Commission Expires March 30, 1980. (Seal). Approved March 5, 1980. CITY OF AUGUSTA CORPORATE LIMITS. No. 727 (House Bill No. 1530). AN ACT To amend the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws 1798), as amended by various amendatory acts thereof, by redefining the limits of said city along the western side of the levee on the banks of the Savannah River between East Boundary Street in said city and Bush Field; 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 corporate limits of the City Council of Augusta, as extended by an act approved February 21, 1951 (Ga. Laws 1951, pp. 2914-2921), are redefined to exclude from the corporate limits any part of a tract of 117.8 acres now owned by the Richmond County Industrial Authority, and designated as Tract A and shown on a plat prepared for The Lummus Company by Baldwin Cranston Associates, Inc. on August 20, 1973, last revised November 13, 1973, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 26, pages 2040-2041.

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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 Apply For Local Legislation Notice is hereby given that Local Legislation will be introduced at the January-February 1980 Session of the General Assembly of Georgia to amend the Charter and Laws pertaining to the City Council of Augusta to redefine the corporate limits; and for other purposes. 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: December 15, 22, 29, 1979. /s/ Jack Connell Representative, 87th District

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Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Lounell R. Jones Notary Public My Commission Expires March 27, 1982. (Seal). Approved March 7, 1980. HENRY COUNTY DEVELOPMENT AUTHORITY ACT AMENDED. No. 728 (House Bill No. 1769). AN ACT To amend an Act known as the Henry County Development Authority Act, approved March 28, 1967 (Ga. Laws 1967, p. 2291), as amended by an Act approved April 10, 1975 (Ga. Laws 1975, p. 2833), so as to change certain definitions; to provide for compensation of members and for reimbursement of expenses; to modify and expand the means by which the Authority may encourage and promote the expansion and development of commercial facilities in Henry County; to modify and further define the terms and conditions appertaining to the obligations of the Authority and to any security documents executed in connection therewith; to modify the remedies of bondholders; to prescribe limitations and procedures relating to the issuance by the Authority of its obligations; to provide for entertainment and promotional expenses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Henry County Development Authority Act, approved March 28, 1967 (Ga. Laws 1967, p. 2291), as amended by an Act approved April 10, 1975 (Ga. Laws 1975, p. 2833), is hereby amended by striking subsections (b) and (c)

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of Section 2 in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) The word `project' shall include: (1) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt-line railroad, railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project. (2) The acquisition, construction, leasing or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within the area of operation of the Authority. (3) The acquisition, construction, improvement or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the area of operation of the Authority. (4) The acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any Federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same are to serve and are necessary for the public

Page 3089

welfare. For the purposes hereof, the term `air pollution control facility' shall mean any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable Federal, State or local standards for abatement or control of atmospheric pollutants or contaminants. For the purpose hereof, the term `water pollution control facility' shall mean any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power or other equipment, holding ponds, lagoons and appurtenances thereto, if such facility is in the furtherance of applicable Federal, State or local standards for the abatement or control of water pollution or contamination. (5) The acquisition, construction, improvement or modification of any property, real or personal, used as, or in connection with, a sewage disposal facility or a solid waste disposal facility which any Federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same are to serve and are necessary for the public welfare. If such facility is to be operated by a political subdivision of this State, or agency or instrumentality thereof, for its general constituency, said certification need only state that such facility is necessary for the public welfare. For the purposes hereof, the term `sewage disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of sewage. For the purposes hereof, the term `solid waste disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of solid waste; and the term `solid waste' shall mean garbage, refuse or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows; the word `garbage' shall include putrescible wastes, including animal and vegetable matters, animal offal and carcasses,

Page 3090

and recognizable industrial by-products, but excluding sewage and human wastes; and the word `refuse' shall include all nonputrescible wastes. (6) The acquisition, construction, improvement or modification of any property, real or personal or both, used as a peak shave facility. `Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption. Any project involving a `peak shave facility' may be undertaken as otherwise provided in this Act. (7) The acquisition, construction, improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with: (A) convention or trade show facilities; (B) airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (C) facilities for the local furnishing of electric energy or gas; (D) facilities for the furnishing of water, if available on reasonable demand to members of the general public; and (E) facilities for lodging and for providing meals, provided that such facilities are acquired, constructed, improved or modified in connection with and adjacent to convention or trade show facilities acquired, constructed, improved or modified pursuant to subparagraph (A) above. (8) The acquisition or development of land as the site for an industrial park. For purposes of the preceding sentence, the term `development of land' includes the provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities, which are incidental to use

Page 3091

of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings. (9) The acquisition, construction, leasing, or financing of (i) an office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia and which will be adjacent to or used in conjunction with any other existing or proposed project now or hereafter defined in this subsection (b) (which existing or proposed project shall be located within the area of operation of the Authority and which is used or intended to be used by such business enterprise), or (ii) a separate office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia. No such office building facility as herein defined shall be undertaken by the Authority unless the Authority shall have determined that the business enterprise to use such facility will be the primary tenant. (c) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purpose of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project 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. There may also be included, as part of such cost of project, the repayment of any loans made for the

Page 3092

advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing, sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. 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 or notes issued under the provisions of this Act. Section 2. Said Act is further amended by striking from Section 4 the following: The Authority shall elect one of its members as Chairman and one as Vice Chairman and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily be a member of the Authority. Three (3) members of the Authority shall constitute a quorum, and no vacancy shall impair the power of the Authority to act. The members of the Authority shall receive no compensation for their services, but they shall be entitled to receive reimbursement for expenses incurred in connection with the performance of their duties, subject to the approval of the Board of Commissioners., and inserting in lieu thereof the following: The Authority shall elect one of its members as Chairman and one as Vice Chairman and shall elect a Secretary and a Treasurer, who need not necessarily be members of the Authority. Commencing on the first regular meeting of the Authority of 1981, the Secretary and Treasurer, if not members of the Authority, shall serve for terms of two (2) years. If such persons are not members of the Authority, they shall be appointed by the Authority subject to approval by the governing authority of Henry County. Three (3) members of the Authority shall constitute a quorum, and no vacancy shall impair the power of the Authority to act. Each member of the Authority and the Secretary and Treasurer, if not

Page 3093

members of the Authority, shall receive as compensation for his services an amount not to exceed $100 per month, the exact amount to be determined by the governing authority of Henry County. Each member of the Authority shall be reimbursed in full for all reasonable expenses incurred in connection with the performance of activities that serve the purposes for which the Authority was created, subject to the approval of the Authority. Provided, however, that once the total expenses of all members of the Authority reach $100 for a given month, any additional expenses of members shall be subject to the approval of the governing authority of Henry County., so that when so amended Section 4 shall read as follows: Section 4. Membership. The Authority shall consist of five (5) members appointed by the Board of Commissioners of Henry County. Positions on the Authority shall be designated as Posts 1 through 5, respectively, by the Board of Commissioners. The persons appointed to represent Posts 1 through 3 shall be appointed for terms of office of two (2) years each and until their successors are appointed and qualified. Persons appointed to represent Posts 4 and 5 shall be appointed for terms of office of four (4) years each and until their successors are appointed and qualified. Thereafter, all appointments to the Authority shall be for a term of office of four (4) years. The members of the Authority shall serve until their successors are duly appointed and qualified. All members shall be eligible for reappointment. If any member of the Authority shall resign or be unable to serve for any reason, a successor shall be appointed to the vacant position on the Authority. The Board of Commissioners of Henry County shall appoint all of the members of the Authority within ten (10) days after the effective date of this Act. Immediately after such appointments, the members of the Authority shall enter upon their duties. Members of the Authority shall be citizens of the United States who have attained the age of twenty-one (21) years and who have been citizens of this State for two (2) years and residents of Henry County for one (1) year immediately preceding their appointments as members of the Authority. The Authority shall elect one of its members as Chairman and one as Vice Chairman and shall elect a Secretary and a Treasurer, who need not necessarily be members of the Authority. Commencing on the first regular meeting of the Authority of 1981, the Secretary and Treasurer, if not members of the Authority, shall serve for terms of

Page 3094

two (2) years. If such persons are not members of the Authority, they shall be appointed by the Authority subject to approval by the governing authority of Henry County. Three (3) members of the Authority shall constitute a quorum, and no vacancy shall impair the power of the Authority to act. Each member of the Authority and the Secretary and Treasurer, if not members of the Authority, shall receive as compensation for his services an amount not to exceed $100 per month, the exact amount to be determined by the governing authority of Henry County. Each member of the Authority and the secretary and treasurer shall be reimbursed in full for all reasonable expenses incurred in connection with the performance of activities that serve the purposes for which the Authority was created, subject to the approval of the Authority. Provided, however, that once the total expenses of all members of the Authority and the secretary and treasurer reach $100 for a given month, any additional expenses of members shall be reimbursed subject to the approval of the governing authority of Henry County. Prior to taking office, the members of the Authority shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Henry County Development Authority, so help me God.' The Authority shall have perpetual existence as hereinafter provided. Section 3. Said Act is further amended by striking in its entirety subsection (5) of Section 6 and inserting in lieu thereof a new subsection (5) to read as follows: (5) To encourage and promote the expansion and development of industrial and commercial facilities in Henry County so as to relieve insofar as possible unemployment within its boundaries, and to that end: (a) to acquire by purchase, gift or construction any real or personal property desired to be acquired as 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;

Page 3095

(b) 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; (c) to mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority; (d) 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 instruments or fees or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this section 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 instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project as the Authority may deem necessary or desirable; (e) to acquire, accept or retain equitable interests, security interests or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement or other transfer in order to secure the repayment of any monies loaned or credit extended by the Authority; (f) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority or land owned or leased by others 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; (g) to borrow money and issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof

Page 3096

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, and to otherwise carry out the purposes of this Act and to pay all other costs of the Authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes; provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in this Act; (h) as security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate or otherwise encumber any property, real or personal, of such Authority and to execute any trust agreement, indenture or security agreement containing any provisions not in conflict with law, which trust agreement, indenture or security agreement may provide for foreclosure or forced sale of any property of the Authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or 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;. Section 4 . Said Act is further amended by striking Sections 8 and 9 in their entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Provisions and obligations; remedies of bondholders; limitations and procedures. Subject to the limitations and procedures provided by this section, the obligations of the Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and the Authority may provide in such instruments for the pledging of all or any part of its revenues, income or charges

Page 3097

and for the mortgaging, encumbering or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this section, undertakings of the Authority may prescribe the procedure by which bondholders and note holders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority, and bonds, resolutions, trust indentures, mortgages or deeds to secure obligations executed by the Authority and bond anticipation notes executed by the Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable. (a) Use of bond and note proceeds: The proceeds derived from the sale of all bonds and bond anticipation notes issued by the Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part of the cost of any project, including the cost of extending, financing, adding to or improving such project or for the purpose of refunding any bond anticipation notes issued in accordance with the provisions of this Act or refunding any previously issued bonds of the Authority. (b) Revenue obligations: All bonds and bond anticipation notes issued by the Authority shall be revenue obligations of the Authority, and may be made payable out of any revenues or other receipts, funds or monies of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds or moneys. (c) Subsequent series of bonds or notes: Issuance by the Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes,

Page 3098

unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (d) Bond anticipation notes: The Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (e) Interest rates on obligations of the Authority: The interest rate on or rates to be borne by any bonds, notes or other obligations issued by the Authority shall be fixed by the board of directors of the Authority and any limitations with respect to interest rates found in the `Revenue Bond Law' (Ga. Laws 1937, p. 761), as amended, or the usury laws of the State of Georgia shall not apply to obligations issued under this Act. (f) Validation and issuance of revenue bonds: All revenue bonds issued by the Authority under this Act shall be issued and validated under and in accordance with the `Revenue Bond Law' of the State of Georgia, as heretofore and hereafter amended, except as provided in subsection (e) of this section and except as specifically set forth below in this subsection:

Page 3099

(1) 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 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; (2) Revenue bonds shall bear a certificate of validation. The signature of the Clerk of the Superior Court of Henry County may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this State; (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by the Authority are to bear, the notice to district attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing 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 the 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; (4) The term `cost of project' shall have the meaning prescribed in subsection (c) of Section 2 of this Act whenever referred to in bond resolutions of the Authority, bonds and bond anticipation notes issued by the Authority, or notices and proceedings to validate such bonds. Section 5. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. Entertainment and Promotional Expenses. Except with the written approval of the governing authority of Henry

Page 3100

County, no moneys in excess of $100 per month derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses. Section 6. Said Act is further amended by renumbering Sections 10, 11, 12, 13, 14, 15 and 16 so that they shall now be numbered Sections 9, 10, 11, 12, 13, 14 and 15, respectively. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act known as the Henry County Development Authority Act, approved March 28, 1967 (Ga. L. 1967, p. 2291), and amended April 10, 1975 (Ga. L. 1975, p. 2835), so as to change the definitions of project and cost of project; to provide for compensation of members and for reimbursement of expenses; to modify and expand the means by which the Authority may encourage and promote the expansion and development of commercial facilities in Henry County; to modify and further define the terms and conditions appertaining to the obligations of the Authority and to any security documents executed in connection therewith; to modify the remedies of bondholders; to prescribe limitations and procedures relating to the issuance by the Authority of its obligations; to provide for entertainment and promotional expenses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 12th day of December, 1979. Henry County Development Authority A. J. Welch, Jr. Attorney for the Henry County

Page 3101

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 26, 1979, January 2, 9, 1980. /s/ Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 7th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 7, 1980.

Page 3102

STATE COURT OF WALKER COUNTY JURIES, PROCEDURE, ETC. No. 729 (House Bill No. 1711). AN ACT To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. Laws 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. Laws 1958, p. 2536), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2254), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2720), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2963), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2423), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2425), an Act approved March 24, 1970 (Ga. Laws 1970, p. 679), an Act approved April 17, 1973 (Ga. Laws 1973, p. 3030), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3959), so as to provide that said court may by local rule provide that trial juries in said court shall consist of six jurors and for strikes and other procedure in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. Laws 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. Laws 1958, p. 2536), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2254), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2720), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2963), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2423), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2425), an Act approved March 24, 1970 (Ga. Laws 1970, p. 679), an Act approved April 17, 1973 (Ga. Laws 1973, p. 3030), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3959), is hereby amended by adding following Section 19 a new Section 19.1 to read as follows: Section 19.1. Said court may, but is not required to, provide by rule of court for six-man juries in accordance with the following procedure:

Page 3103

(1) The jury in criminal cases shall consist of six jurors to be stricken alternately by the state and the defendant from a panel of 12 qualified prospective jurors. The state and the defendant shall each be entitled to three peremptory strikes. The state shall be entitled to the first strike and the defendant entitled to the last strike; and the six remaining jurors shall compose the jury for the trial of the case. (2) The jury in civil cases shall consist of six jurors to be stricken alternately by the plaintiff and the defendant from a panel of 12 qualified prospective jurors. The plaintiff and the defendant shall each be entitled to three peremptory strikes. The plaintiff shall be entitled to the first strike and the defendant entitled to the last strike; and the six remaining jurors shall compose the jury for the trial of the case. 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 1980 session of the General Assembly of Georgia a bill amending the Act creating the State Court of Walker County, Georgia, so as to provide for six-man juries in said court. Wayne Snow, Jr. Representative, District 1, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/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

Page 3104

the official organ of Walker County, on the following dates: January 16, 23, 30, 1980. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 8, 1980. COMPENSATION TO W. P. DEAN. No. 87 (House Resolution No. 463-1200). A RESOLUTION Compensating Mr. W. P. Dean; and for other purposes. WHEREAS, in October and November of 1977, Mr. W. P. Dean, d/b/a Spot Auto Electric Co., was forced to relocate his business by Highway Project M-3090(1) Hall County; and WHEREAS, as a result of said forced relocation and through no fault of his own, Mr. Dean incurred expenses in excess of $10,000.00, the total amount of said expenses being $14,245.51; and

Page 3105

WHEREAS, Mr. Dean has been reimbursed by the state for only $4,400.93 of said expenses; and WHEREAS, it is fitting that Mr. Dean 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 $2,000.00 to Mr. W. P. Dean 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 March 12, 1980. GREENE COUNTY DEVELOPMENT AUTHORITY ACT AMENDED. No. 733 (House Bill No. 1556). AN ACT To amend the Greene County Development Authority Act, approved April 4, 1963 (Ga. Laws 1963, p. 3005), so as to delete from said Act provisions relating to definitions of certain terms, purposes of the authority, issuance of bonds by the authority, functions of the authority, contracts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons handling funds, and public debt; to provide that except as specifically provided otherwise in said Act or the Constitution the Greene County Development Authority shall have the same powers, duties, rights, responsibilities, and obligations, as an authority under the general Development Authorities Law; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3106

Be it enacted by the General Assembly of Georgia: Section 1. The Greene County Development Authority Act, approved April 4, 1963 (Ga. Laws 1963, p. 3005), is hereby amended by striking in their entirety the following sections and parts of sections: (1) Paragraph (3) of Section 2 defining the terms undertaking, project, and undertaking or project; (2) Paragraph (4) of Section 2 defining the term cost of project; (3) Section 5, relating to purposes of the authority; (4) Section 6, relating to bonds; (5) Section 7, relating to purposes of the authority; (6) Section 8, relating to functions of the authority; (7) Section 9, relating to contracts with Greene County; (8) Section 10, relating to powers of the authority; (9) Section 11, relating to procedure for issuing bonds; (10) Section 12, relating to tax exemptions; (11) Section 13, relating to bonding of persons handling funds; and (12) Section 14, relating to public debt; and by adding a new Section 5 to read as follows: Section 5. Except as specifically provided otherwise in this Act or in the amendment to the Constitution creating the Greene County Development Authority ratified at the 1962 general election (Ga. Laws 1962, p. 985), the powers, duties, rights, responsibilities, and obligations of the Greene County Development Authority shall be the same as those of an authority created by the Act known as the

Page 3107

`Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended; and the pertinent provisions of said `Development Authorities Law' are hereby incorporated into this Act by reference and made applicable to the Greene County Development Authority., and by renumbering Sections 15 through 21 as Sections 6 through 12, so that when so amended the text of said Act shall read as follows: Section 1. This Act shall be known as and may be cited as the `Greene County Development Authority Act.' Section 2. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context: (1) The word `Authority' shall mean the `Greene County Development Authority,' created hereby. (2) The word `Governing Authority of Greene County' shall mean the Board of Commissioners of Roads and Revenues of Greene County, their successors or such other Authority that may be hereafter provided for the administering of the affairs of Greene County. Section 3. Pursuant to the Constitution of the State of Georgia there is hereby created a body corporate and politic to be known as the `Greene County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the County of Greene. Section 4. The Authority shall consist of five (5) members to be appointed in the manner as hereinafter set forth. One member of the Authority shall be ex officio President of the Chamber of Commerce of Greene County, and his successors in office. The Planning Commission of Greene County, Georgia, shall appoint one member to serve for an initial term on the Authority for two years. The Board of Commissioners of Roads and Revenues of Greene County shall appoint one member to the Authority to serve for an initial term of three years. The Mayor and Council of Greensboro,

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Georgia, shall appoint one member to the Authority to serve for an initial term of four years. The Mayor and Council of Union Point shall appoint one member to serve an initial term of five years. At the expiration of the terms of the initial members of the Authority, their successors shall be appointed by the respective appointing authorities hereinabove provided for, and their terms shall be for five years and until their successors are appointed and qualified. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said governing Authority designated by this Act to appoint them. Members of the Authority shall be citizens of the United States who have attained the age of twenty-one (21) years, and who shall have been citizens of this State for two (2) years, and for one year a resident of Greene County immediately preceding his appointment as a member of the Authority. Should any member resign, be unable to serve or move beyond the territorial limits of Greene County as it is now situated or may be hereafter situated, or should there be a vacancy for any reason, the successor shall be appointed to serve the remaining term of such member by the respective appointing authority. 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 Greene County Development Authority, So Help Me God.' The members of said Authority shall be entitled to no compensation. Any three members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the authority must be approved by not less than three affirmative votes. No vacancy shall impair the power of the Authority to act. Section 5. Except as specifically provided otherwise in this Act or in the amendment to the Constitution creating the Greene County Development Authority ratified at the 1962 general election (Ga. Laws 1962, p. 985), the powers, duties, rights, responsibilities, and

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obligations of the Greene County Development Authority shall be the same as those of an authority created by the Act known as the `Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended; and the pertinent provisions of said `Development Authorities Law' are hereby incorporated into this Act by reference and made applicable to the Greene County Development Authority. Section 6. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Greene and/or any incorporated city or town in said county, the Governing Authorities of the County of Greene and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Section 7. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created, unless the Authority for any reason is dissolved. Then in that event, the funds and property of the Authority shall be conveyed as hereinafter provided. Section 8. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Greene County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public. Section 9. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the clerk of the board of commissioners of roads and revenues of said county, and shall be available for public inspection.

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Section 10. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder. Section 11. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. 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 1980 session of the General Assembly of Georgia a bill to amend the Greene County Development Authority Act approved April 4, 1963 (Ga. Laws 1963, p. 3005), so as to delete from said Act provisions relating to definitions of certain terms, purposes of the authority issuance of bonds by the authority, functions of the authority, contacts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons bonding funds, and public debt; to provide that except as specifically provided otherwise in said Act or the Constitution of the Greene County Development Authority shall have the same powers, duties, rights, responsibilities, and obligations, as an authority under the general Development Authorities Law; and for other purposes.

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This 3rd day of January, 1980. E. R. Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Herald Journal which is the official organ of Greene County, on the following dates: January 11, 18, 25, 1980. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1980.

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McINTOSH COUNTY BOARD OF EDUCATION, REFERENDUM. No. 735 (House Bill No. 1596). AN ACT To provide for the election of members of the board of education of McIntosh County; to provide for education districts and posts; to provide for the election of the chairman and members of the board; to provide for the compensation of the chairman and members of the board; to provide for filling vacancies on the board; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of education of McIntosh County shall be composed of five members to be elected as hereinafter provided. McIntosh County is hereby divided into five education districts as follows: Education district 1 shall be comprised of all of the territory in McIntosh County. Education districts 2, 3, 4, and 5 shall each be comprised of one of the four road districts in McIntosh County, as such road districts exist on the effective date of this Act. The probate judge of McIntosh County shall designate, within 30 days of the effective date of this Act, an education district number for each such road district. For the purpose of electing members of the board of education of McIntosh County, the five positions on the board are hereby designated as education posts 1 through 5, respectively. Education post positions on the board shall correspond to the same numerical designations as the education districts. The chairman of the board of education shall be elected from post 1. Section 2. Any person seeking election to the board of education of McIntosh County shall designate the particular education post for which he is offering as a candidate. One member of the board of

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education shall be elected for each education post. No person shall be eligible to qualify as a candidate for election to the board of education unless he has been a bona fide resident for at least one year immediately preceding the date of the election of the education district and post for which he is a candidate. Candidates shall be elected by a majority vote of the qualified voters of the education district from which the member is elected voting in an election conducted for the purpose of electing members of the board of education of McIntosh County. All members shall be nominated and elected in accordance with the provisions of Code Title 34, known as the Georgia Election Code, as now or hereafter amended. Section 3. (a) The first members of the board of education of McIntosh County provided for herein shall be elected at the general election conducted in November 1980, and they shall assume office on the first day of January 1981, for terms of four years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office, and they shall assume office on the first day of January immediately following their respective elections, and they shall each serve for terms of four years. All members shall serve until their successors are elected and qualified. (b) Vacancies occurring on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election at which time a successor shall be elected by the electors of the education district to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. Section 4. (a) The chairman of the board of education of McIntosh County shall be compensated in the amount of $100.00 per month. (b) The other members of the board shall be compensated in the amount of $50.00 per month. Section 5. The McIntosh County Board of Education created by this Act shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing McIntosh County Board of

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Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 6. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of McIntosh County to issue the call for an election for the purpose of submitting this Act to the electors of the McIntosh County School District for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days from the date 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 McIntosh County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the election of the McIntosh County Board of Education be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by McIntosh County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Pursuant to a request of the County Commissioners and the McIntosh County Grand Jury notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to provide for the election of the members of the Board of Education of McIntosh County; to provide for a referendum; and for other purposes. This 7th day of January, 1980. /s/ Rene' D. Kemp Representative, 139th District /s/ Glenn E. Bryant Senator, 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he 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 10, 17, and 24, 1980. /s/ Rene' D. Kemp Representative, 139th District

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Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 14, 1980. CITY OF EAST POINT ELECTIONS. No. 742 (House Bill No. 887). AN ACT To amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. Laws 1912, pp. 862, et seq.), and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. Laws 1972, pp. 2151, et seq.), and as further amended and particularly that Act approved April 9, 1973 (Ga. Laws 1973, pp. 2577, et seq.), so as to provide for nonpartisan elections within the limits of the City of East Point; to provide for an effective date; to repeal conflicting laws and ordinances; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. Laws 1912, pp. 862, et seq.), and the several Acts amendatory thereof, including that Act approved March 9, 1972 (Ga. Laws 1972, pp. 2151, et seq.), and more specifically that Act approved

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April 9, 1973 (Ga. Laws 1973, pp. 2577, 2595), is hereby further amended as hereinafter set forth. Said amendatory Act of 1973, page 2595 is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 as it encompasses Section 124 of the charter of the City of East Point, a new Section 124 which shall read as follows: Section 124. Nonpartisan Elections. All elections for the purpose of electing the Mayor and members of the City Council shall be nonpartisan and no political party shall conduct primaries for the purpose of nominating candidates for municipal elections. Section 2. Effective Date. This Act shall become effective on the later date of the happening of the approval of this Act by the Governor or its approval by the Civil Rights Division of the United States Justice Department, as required pursuant to the Voting Rights Act of 1965. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply For Local Legislation. Notice is hereby given that the City of East Point, Georgia intends to apply for the passage of local legislation in the 1979 regular session of the General Assembly of Georgia, which convenes in January, 1979. The title of the Bill or Bills to be introduced shall be entitled as follows: An Act to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof, and especially the Act approved March 9, 1972, (Ga. L. 1972, p. 2151, et seq.), and as amended; and for other purposes. This 20th day of December, 1978.

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City of East Point, Georgia By: George N. Sparrow, Jr. City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane who, on oath, deposes and says that he/she is Representative from the 40th 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: February 2, 9, 16, 1979. /s/ Dick Lane Representative, 40th 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 March 18, 1980.

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PAULDING COUNTY CIVIL SERVICE SYSTEM ACT. No. 743 (House Bill No. 1008). AN ACT To authorize the establishment of a civil service system in Paulding County for employees of Paulding County; to provide for the creation of a civil service board; to make provisions for petitioning said board to come under the 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 Paulding County rules and regulations to be adopted by the governing authority for the Paulding 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 Paulding 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 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 Paulding 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 Paulding County a civil service system of personnel administration, to be known as the Paulding County Civil Service System. The said governing authority shall be authorized to create such civil service system by appropriate resolution, which resolution shall specify the department, personnel, and offices of the county government governed by such system and the effective date of said system.

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(b) All employees of Paulding County may be placed under said civil service system except: All elected officers, all appointed boards, members of commissions and authorities, county attorneys, 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 Paulding County of known sympathy to the civil service system, who are not employees of Paulding County, who have paid their taxes to date, and who have been residents of Paulding County for two (2) years or more. (b) Members of the civil service board shall be selected and appointed for a term of four (4) years each and shall serve until their successors are named 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 county 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 county governing authority. The second member shall be selected by the employees of Paulding County (other than the aforesaid elected officials), who are eligible to come under the provisions of this Act and who are in the employ of Paulding County on a full-time basis when the constitutional amendment authorizing the creation of a civil service system in Paulding County is ratified by a majority expression to the county governing authority of their selection by appropriate petition or ballot and the person so selected shall be appointed by the county governing authority 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 county governing authority. No member of the civil service board shall have held political office or have been a salaried employee of Paulding 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 governing authority of said county. Prior to said hearing said member shall be served by registered or

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certified mail addressed to his residence as shown in the files of said governing authority at least ten (10) days before the date set for said hearing with written specifications of the charges against him. 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 electing to be covered and who are covered by the civil service system and who are in the full-time employ of Paulding County when and if such vacancies occur. (c) Members of the civil service board shall receive as compensation for their services an amount to be determined by the governing authority of the county. 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 Paulding County or in a courtroom of the Superior Court of Paulding County. The governing authority of said county is hereby authorized to provide necessary clerical assistance to the board. Said board shall hold regular meetings at least once a month and may hold additional meetings as may be required for the proper discharge of its duties. Section 5. When more than fifty (50%) percent of the employees in any department of Paulding County petition the herein established civil service board that they wish to be placed under the system, they shall thereafter be under the system and subject to the full provisions thereof. A department, for the purposes of this Act, shall mean any department so designated by the governing authority of Paulding 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 recommend to the governing authority of Paulding County the adoption of rules and regulations and standards effectuating the civil

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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, provided that no elected county officer shall be required to choose personnel solely from said register, but the personnel employed by such county officer shall be processed in accordance with such rules and regulations as may be adopted. Said rules and regulations when proposed by the civil service board as aforesaid and approved and adopted by the governing authority of Paulding 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. (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 Paulding 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 brought 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

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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. This Act shall become effective July 1, 1980. 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 create a Paulding County Civil Service System and to provide for the coverage, membership, requirements, practices and procedures in connection therewith; and for other purposes. This 25th day of January, 1979.

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Bill Cooper Representative, 19th District 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 1, 8, 15, 1979. /s/ Bill Cooper 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 March 18, 1980.

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DADE COUNTY SHERIFF'S BUDGET, ETC. No. 744 (House Bill No. 1012). AN ACT To amend an Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2193), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 2969), so as to change the provisions relating to the budget for the sheriff's office; to change the maximum amounts for the budget for the sheriff's office; to change the provisions relating to the powers and duties of the advisory board; to change the provisions relating to the powers and duties of the governing authority of Dade County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2193), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 2969), is hereby amended by striking from the second paragraph of subsection (a) of Section 3A of said Act the following: (3) $65,000 per annum for the fiscal year beginning January 1, 1977, and each fiscal year thereafter., and inserting in lieu thereof the following: (3) $85,000 per annum for the fiscal year beginning January 1, 1980, and each fiscal year thereafter; provided, however, that the said amount of the budget may be increased as a result of cost-of-living increases as follows: on the first day of January of each year, beginning in 1981, 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 budget shall be increased by the amount which results from multiplying the existing base budget by the percentage increase in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget'

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shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year; provided, further, that the said amount of the budget may be decreased as a result of cost-of-living decreases as follows: on the first day of January of each year, beginning in 1981, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall be less than the Consumer Price Index for the previous January 1, the existing budget shall be decreased by the amount which results from multiplying the existing base budget by the percentage decrease in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year., so that when so amended the second paragraph of subsection (a) of Section 3A shall read as follows: The sheriff shall furnish the governing authority of Dade County all relevant and pertinent information concerning expenditures made in previous years and concerning the proposed expenditures, which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may require the sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than June 15 of each year such budget shall be reviewed by the governing authority, and if said budget is approved by said governing authority, the same shall be the budget for the ensuing year or until amended as hereinafter provided, and the governing authority is hereby authorized and directed to expend the sums provided in such budget for the operation of such office. In the event that said budget for the ensuing year is not submitted to the governing authority by June 1 as set out above, the budget for the ensuing fiscal year for the sheriff's department shall be the same as the budget of the current fiscal year and the governing authority of the county may levy the tax assessment for the ensuing year in accordance therewith. The sheriff shall not submit nor shall the governing authority of Dade County approve a budget for the operation of the sheriff's office in excess of the following:

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(1) $50,000 per annum for fiscal years prior to the fiscal year beginning January 1, 1976, (2) $60,000 per annum for the fiscal year beginning January 1, 1976, and (3) $85,000 per annum for the fiscal year beginning January 1, 1980, and each fiscal year thereafter; provided, however, that the said amount of the budget may be increased as a result of cost-of-living increases as follows: on the first day of January of each year, beginning in 1981, 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 budget shall be increased by the amount which results from multiplying the existing base budget by the percentage increase in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year; provided, further, that the said amount of the budget may be decreased as a result of cost-of-living decreases as follows: on the first day of January of each year, beginning in 1981, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall be less than the Consumer Price Index for the previous January 1, the existing budget shall be decreased by the amount which results from multiplying the existing base budget by the percentage decrease in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year. However, if said governing authority disapproves the budget submitted by the sheriff, it shall enter its disapproval thereon in writing within ten (10) days from the filing of same in its office and shall transmit the same to the advisory board to the governing authority of Dade County, hereinafter created. Section 2. Said Act is further amended by striking subsections (c), (d), (e), (f), and (g) of Section 3A in their entirety and inserting in

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lieu thereof new subsections (c), (d), (e), (f), and (g) of Section 3A to read as follows: (c) Upon receipt of such annual budget by the advisory board of the governing authority, it shall review the same and may recommend to the governing authority that the budget be approved as submitted or may recommend such revision of the budget as said board shall determine. The advisory board shall make its recommendations to the governing authority within 10 days after the budget is submitted to the board. The governing authority shall give careful consideration to the recommendations of the advisory board but final approval of the budget shall be determined by said governing authority. If the governing authority rejects the recommendations of the advisory board, before the final decision of the governing authority on the budget, said governing authority shall set a time and date certain for the sheriff to appear and present evidence supporting the budget as submitted by him. (d) The advisory board may make recommendations on any budget or application for amendment to said budget at any regular or special meeting at which a majority of the board members are present and the decision of a majority of said members shall control. (e) The budget for the sheriff as finally determined and set by the governing authority of Dade County shall be filed in the office of the governing authority where it shall be kept as a part of the minutes of said office and shall be conclusive and the sheriff and the governing authority shall abide by same until amended as hereinafter provided. A copy of the final budget shall be served upon the sheriff. (f) For every fiscal year, the budget, with all amendments thereto, for the immediately preceding year shall continue in effect during the time provided herein for the review of the new budget by the governing authority and, when necessary, by the advisory board. When approved, the new budget, as finally approved by the governing authority, shall be retroactive to the first day of the fiscal year for which said budget is submitted. (g) If for any reason it appears to the sheriff that the budget finally determined is insufficient due to an emergency or any cause to operate the sheriff's office, the sheriff shall file a written application

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requesting an amendment of such budget with the governing authority. The governing authority shall review said application for amendment and shall, within five days from the filing of same, enter its decision thereon. If the same is approved by the governing authority, it shall be authorized and is hereby directed to expend the sums called for in the budget so amended. If the same is disapproved by the governing authority, it shall, immediately and within five days from the filing of such application in its office, submit same to the advisory board to the governing authority and said advisory board shall act on said application within 10 days from the filing of same. The advisory board may make recommendations relative to any such amendment in the same manner as provided by subsection (c) hereof. The sheriff shall have the right to file application for amendment to his budget from time to time as the need may arise. In filing such application, it shall not be necessary to meet any formal requisite of pleading, the only thing being required is that a written statement be filed that there is a need for amendment, the reason for such need and the amount requested. The governing authority of Dade County shall be authorized to approve or disapprove any such amendment. If disapproved, the proposed amendment shall be submitted to the advisory board, within 10 days after the filing thereof, and the provisions of subsection (c) hereof shall apply to such proposed amendment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent To Introduce Legislation. Notice is hereby given that there will be introduced at the 1979 Session of the General Assembly of Georgia, a bill to increase the maximum annual budget permitted for the operation of the Dade County, Georgia, Sheriff's Department. This, the 6th day of February, 1979.

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Ronald C. Steele Sheriff 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 8, 15 and 22, 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 March 18, 1980.

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TOWN OF POOLER CORPORATE LIMITS. No. 745 (House Bill No. 1038). 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, so as to amend and change the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Pooler, approved March 31, 1976 (Ga. Laws 1976, p. 3419), as amended, is hereby amended by adding a new subsection (c) at the end of Section 1.11 to read as follows: (c) Any other provisions of this Section to the contrary notwithstanding, the corporate limits of the Town of Pooler shall not include the following described territory and said territory is hereby deleted from the corporate limits of the Town of Pooler: All of the area East of the right of way of Interstate Highway I-95 between the South right of way line of the Pipemaker's Canal on the South, Travis Field on the East; the existing corporate limits on the North; and the right of way of Interstate I-95 on the West. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 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 1978, Page 3246, approved March 13, 1978; to change and extend the corporate limits of the Town of Pooler.

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Edward H. Lee Town Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur M. Gignilliat, Jr. who, on oath, deposes and says that he/she is Representative from the 122nd 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, 1979 and February 5, 1979. /s/ Arthur M. Gignilliat, Jr. Representative, 122nd District Sworn to and subscribed before me, this 15th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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TOWNS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY ABOLISHED. No. 746 (House Bill No. 1039). AN ACT To repeal an Act creating the Towns County Industrial Development Authority, approved March 12, 1970 (Ga. Laws 1970, p. 2588); to abolish such authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Towns County Industrial Development Authority, approved March 12, 1970 (Ga. Laws 1970, p. 2588), is hereby repealed in its entirety and the Towns County Industrial Development Authority created by said Act is hereby abolished. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to repeal an Act to wit, Georgia Laws 1970, Page 2588 creating The Towns County Industrial Development Authority and for other purposes. This 31st day of January 1979. 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 Towns County Herald which is the official organ of Towns County, on the following dates: February 16, 23, 1979 and March 2, 1979. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 16th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. GEORGIA MOUNTAIN FAIR AUTHORITY OF TOWNS COUNTY ACT. No. 747 (House Bill No. 1069). AN ACT To create the Georgia Mountain Fair Authority of Towns County and to authorize such authority, to acquire, construct, equip, maintain and operate buildings for the housing of exhibits for fairs 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,

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acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation, to authorize the Authority to contract with others pertaining to the facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority including, but not limited to, earnings derived from leases and income from conveyances of real property of the Authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Towns County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This may be cited as the Georgia Mountain Fair Authority of Towns County Act. Section 2. Georgia Mountain Fair Authority of Towns County. (a) There is hereby created a body corporate and politic to be known as the Georgia Mountain Fair Authority of Towns County, 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

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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 be composed of the following five members: Robert L. Anderson, Ray Taylor, H. D. Paris, J. W. Denton, and Dale Thurman. In the event a vacancy occurs on the Authority for any reason, the remaining members shall appoint a member to fill such vacancy, provided that such person shall be a member in good standing in the Towns County Lions Club. A majority of the members shall constitute a quorum, but no action may be taken by the Authority without the affirmative vote of a majority of the total membership of the Authority. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. 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 Georgia Mountain Fair Authority of Towns County 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 for the housing of exhibits for fairs 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.

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

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

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State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, counties, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (h) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State;

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

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

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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 Towns County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 14. Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such

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

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principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or otherwise, and (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered. Section 17. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the

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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 Towns 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 Georgia Mountain Fair Authority of Towns County.

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

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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. Section 26. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the Authority of personal property or services in excess of $5000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Towns County prior to the award of any contract. All bids shall be opened during meetings of the Authority and the rejection or acceptance thereof shall be entered upon the minutes of the Authority. (c) Any surplus or unserviceable property of the Authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organ of Towns County. All bids for the disposal of such property shall be opened during public meetings of the Authority and the acceptance and rejection thereof shall be entered upon the minutes of the Authority. (d) The affirmative action of at least two members of the Authority shall be required in order that any action on behalf of the Authority may be taken.

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

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until such time as the governing authority of Towns County shall, by appropriate resolution, declare the need for the Authority within Towns County. 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 create a Georgia Mountain Fair Authority. This 20th day of February, 1979. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Towns County Herald which is the official organ of Towns County, on the following dates: February 23, 1979, March 2, 9, 1979. /s/ Ralph Twiggs Representative, 4th District

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Sworn to and subscribed before me, this 27th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY 1974 ACT REENACTED. No. 748 (House Bill No. 1125). AN ACT To reenact Act No. 1142 (House Bill No. 2089) of the Legislature of the State of Georgia appearing in Georgia Laws 1974 Session, pages 3129 through 3137, inclusive, in its entirety, which provides that title and possession of all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or utilized by the Board of Water Commissioners of the City of Macon, in its water and sanitary sewerage activities, whether title thereto is vested in the Board of Water Commissioners or in the City of Macon, be transferred, assigned, conveyed and delivered to the Macon-Bibb County Water Sewerage Authority; and providing that all assets, property and liabilities of any pension or retirement plan of the Board of Water Commissioners of the City of Macon be transferred and conveyed to Macon-Bibb County Water Sewerage Authority, and providing that such pension or retirement plan to be continued, operated and maintained by the Authority; and providing that all insurance policies,

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group and otherwise, and all bank accounts, savings accounts, saving certificates, certificates of deposit, special funds, and all stocks, securities and monies, including but not limited to, funds on hand and on deposit, pertaining to any and all past and outstanding issues of revenue certificates and revenue bonds issued by the City of Macon Board of Water Commissioners for additions and betterments to said water and sanitary sewer facilities, be transferred and conveyed to the Macon-Bibb County Water Sewerage Authority; and providing in general for the transfer of any and all property, real and personal, and all activities heretofore performed by the Board, to said Authority; and providing for other matters relative to all of the foregoing; to provide for an effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Act No. 1142 (House Bill No. 2089) of the Legislature of the State of Georgia, appearing in Georgia Laws 1974 Session, pages 3129 through 3137, inclusive, which by reference thereto is incorporated in full herein, be, and the same is hereby reenacted in all of its terms and provisions. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Enact Local Legislation. Pursuant to the provisions of Art. III, Sec. VII, Par. IX of the Constitution of the State of Georgia of 1976 (codified as Sec. 2-1309 of the 1933 Code of Georgia Annotated), notice is hereby given that application will be made to the 1980 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 (Ga. L. 1966, pp. 2737 et seq.) and as amended by Acts of the General Assembly of Georgia (Ga. L. 1973, pp. 2603 et seq. and Ga. L. 1974, pp. 2031 et seq.) the purpose of said amendatory Act is to re-enact an act of the

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Legislature of the State of Georgia (Ga. L. 1974, pp. 3129 et seq.) transferring unto the Macon-Bibb County Water Sewerage Authority all water and sewerage activities, assets, tangible and intangible, Pension or Retirement Plan, insurance policies, obligations in the form of Revenue Certificates, Revenue Bonds and other obligations, all formerly in the name of, or in the custody, dominion or usage of the Board of Water Commissioners of the City of Macon; all as set forth in said Ga. L. 1974, pp. 3129 et seq. This 10th day of December, 1979. Wallace Miller, Jr. Attorney for Macon-Bibb County Water Sewerage Authority Jones, Cork, Miller Benton, Attys. 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 14, 21, and 28, 1979. /s/ Frank Pinkston Representative, 100th District

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Sworn to and subscribed before me, this 15th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF CHATSWORTH MAYOR'S COURT FINES. No. 749 (House Bill No. 1128). AN ACT To amend an Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. Laws 1923, p. 529), as amended, so as to change the fine which may be imposed by the mayor's 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 a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. Laws 1923, p. 529), as amended, is hereby amended by striking from Section 11 of said Act the following: one hundred dollars, and inserting in lieu thereof the following:

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$500.00, so that when so amended Section 11 of said Act shall read as follows: Sec. 11. Be it further enacted, That said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, 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 same, and the mayor or mayor pro tem. of said city shall hold a mayor's court in said city any time for the trials and punishment of persons guilty of violating ordinances, by-laws, rules and regulations, the punishment inflicted not to exceed a fine of $500.00 or confinement in the calaboose of said city, not to exceed sixty days; said fine may be collected by execution to be issued against the estate, both personal and real, of the offender, if any be found. Section 2. This Act shall become effective on July 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 1980 session of the General Assembly of Georgia a bill to amend the jurisdiction of the Mayor's Court of the City of Chatsworth and for other purposes, being an Act to amend an act of the General Assembly of Georgia, approved August 18, 1923 (Ga. L. 1923, page 529). This 12th day of November, 1979. Thomas Polk Ramsey, III Representative, District No. 3

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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 Chatsworth News which is the official organ of Murray County, on the following dates: December 13, 20, and 27, 1979. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 15th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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TOWN OF AVERA NAME CHANGED TO CITY OF AVERA, CHARTER AMENDED. No. 752 (House Bill No. 1185). AN ACT To amend an Act to incorporate the town of Avera, approved December 6, 1900 (Ga. Laws 1900, p. 207), as amended, particularly by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2698), so as to redesignate the town as a city; to change the corporate limits; to change the rate of ad valorem taxes authorized to be levied; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the town of Avera, approved December 6, 1900 (Ga. Laws 1900, p. 207), as amended, particularly by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2698), is hereby amended by striking from Section I thereof, wherever the same shall appear, the word: town, and substituting in lieu thereof the word: city, so that when so amended Section I shall read as follows: Section I. 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 city of Avera in the county of Jefferson be, and the same is, hereby declared to be incorporated under the name and style of the city of Avera, and as such shall be entitled to sue and be sued, plead and be impleaded, and do such other acts as may be authorized by this Act. Section 2. Said Act is further amended by striking Section II thereof in its entirety and substituting in lieu thereof a new Section II to read as follows:

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Section II. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Avera shall be one half mile in every direction from the central point of the intersection of Georgia Highway 80 and Main Street in the city of Avera, as such intersection is located on the effective date of this Section. Section 3. Said Act is further amended by striking Section VII thereof in its entirety and substituting in lieu thereof a new Section VII to read as follows: Section VII. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax of not exceeding fifteen mills upon all property, both real and personal, within the corporate limits of the city, they shall also have power to require all persons within said corporate limits of the city who are subject to road duty under the laws of this State to work on the streets of the city, or may prescribe a commutation tax, which may be paid in lieu of work on the streets. Said mayor and councilmen shall further have power to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades exercised within the city, as may be deemed just and proper; to fix a license on all exhibitions, circuses and shows of all kinds, on drays and hacks, hotels, boarding-houses, restaurants, fish stands, butcher shops, livery stables, soda fountains and upon all other kinds or classes of business legitimately coming within the police powers of the city, as may be just and reasonable. 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 1980 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Avera to change herein the word Town to City and for other purposes.

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This 7th day of December, 1979. Dan Sammons, Mayor Town of Avera Avera, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory 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 13, 20, and 27, 1979. /s/ Emory Bargeron Representative, 83rd District Sworn to and subscribed before me, this 15th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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CITY OF CUMMING PUNISHMENT IMPOSED BY THE POLICE COURT. No. 753 (House Bill No. 1187). AN ACT To amend an Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended, so as to change the punishment which can be imposed by 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 charter for the City of Cumming, approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended, is hereby amended by striking the fifth undesignated subsection of Section 21 of said Act, which reads as follows: Said police court shall have the authority to impose fines for contempt of said courts, not to exceed fines of twenty dollars, and to impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both in the discretion of the court., in its entirety and substituting in lieu thereof the following: Said police court shall have the authority to impose fines for contempt of said courts not to exceed $500.00, and to impose a jail sentence in the city jail for not longer than six months, either or both or a portion of either or both in the discretion of the court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1980 General Assembly of the State of Georgia, a bill to amend the City

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Charter of the City of Cumming, Georgia, so as to provide for an increase in the maximum sentences and fines that may be imposed by the City Recorder for those persons convicted in the Police Court of Cumming, and to repeal all conflicting laws therewith. This the 20th day of December, 1979. Joe T. Wood Representative, 9th District, Post 1 Bobby Lawson Representative, 9th District, Post 2 Jerry Jackson Representative, 9th District, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry 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: December 24, 1979, December 31, 1979 and January 9, 1980. /s/ Jerry Jackson Representative, 9th District

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Sworn to and subscribed before me, this 14th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. MINORS PROHIBITED IN CERTAIN BUSINESSES IN CERTAIN COUNTIES (350,000 - 550,000). No. 754 (House Bill No. 1208). AN ACT To provide that in all counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States decennial census of 1970 or any future such census, certain unaccompanied minors shall be prohibited from entering certain business establishments primarily engaged in the retail sale of alcoholic beverages in unbroken packages and to prohibit such establishments from permitting the entrance of such minors; to provide for definitions; to provide penalties; 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 350,000 and not more than 550,000, according to the United States decennial census of 1970 or any future such census, no minor shall enter the premises of any business establishment primarily

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engaged in the retail sale of alcoholic beverages in unbroken packages unless such minor is accompanied by the minor's parent, guardian, or custodian nor shall any business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages permit any minor to enter its business premises unless such minor is accompanied by the minor's parent, guardian, or custodian. Section 2. For purposes of this Act: (1) Alcoholic beverages means and includes all alcohol, distilled spirits, beer, malt beverages, wine, or fortified wine sold for beverage purposes. (2) Business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages means an individual, partnership, corporation, association, or other business entity which derives from its retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross income. Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor, except that the violation of the provisions of this Act by a person under 17 years of age shall constitute a delinquent act under Code Title 24A, the Juvenile Court Code, as now or hereafter amended, and not a misdemeanor. 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, 1980 session of the General Assembly of Georgia, an Act to amend Code Chapters 58-6A and 58-10, so as to prohibit any person under the required legal age from entering an establishment whose primary business is to offer for sale or sell any liquor, beer, wine, or alcoholic beverages of any kind, if such minor is not

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accompanied by an adult (parent, guardian or other person beyond the age of majority) who is responsible for such minor's general welfare. This 27th day of December, 1979. Joe J. Johnston 56th District/2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe J. Johnston who, on oath, deposes and says that he/she is Representative from the 56th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980. /s/ Joe J. Johnston Representative, 56th District

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Sworn to and subscribed before me, this 14th day of January, 1980. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal). Approved March 18, 1980. CITY OF LILBURN NEW CHARTER. No. 755 (House Bill No. 1237). AN ACT To create a new charter for the City of Lilburn; 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

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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 Lilburn, Georgia, and by that name shall have perpetual succession. BOUNDARIES Section 1.11. Corporate Boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by general State law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of city clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the City of Lilburn, Georgia. Alteration in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the city clerk, Photographic, types, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. MUNICIPAL POWERS Section 1.12. Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or

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employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE LEGISLATIVE BRANCH Section 2.10 City Council Creation; Composition; Number; Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a mayor and a council composed of 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 mayor and members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city at least one year 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 and council member shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Filling of VacancyA vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance.

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Section 2.14. Prohibitions. (a) Holding Other OfficeExcept as authorized by general State law, the mayor or any council member shall not hold any other city office or city employment during the term for which he was elected. (b) Voting When Personally InterestedNeither the mayor nor any other member of the council shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The council may take 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 meeting shall be served on all other members 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 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.

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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. The mayor, or mayor protem., and two members of the council shall constitute a quorum for the transaction of any business before the council; on all questions before the city council, the mayor, or mayor protem., if he be presiding, shall be entitled to vote only in case of a tie or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members, including the mayor or mayor protem., if he be presiding, vote for the same, and unless the said motion, resolution, ordinance or question receives at least three affirmative votes. 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 Lilburn 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.

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Section 2.22. Emergencies. To meet a public emergency affecting life, health, property or public peace, the council may convene on call of the mayor or one council member and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.23. Codes of Technical Regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. Section 2.24. Codification of Ordinances. All ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as The Code of the City of Lilburn, Georgia, 1972, as amended. 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

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his service. He shall forfeit his office on the same grounds and under the same procedure as for council members. Section 2.26. Mayor Pro Tem. The council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the council of the mayor's disability or absence. Section 2.27. Powers and Duties of Mayor. As the chief executive of this city, the mayor shall: (a) see that all laws and ordinances of the city are faithfully executed; (b) appoint and remove all officers, department heads, and employees of the city upon the advise and consent of the city council; (c) recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (d) call special meetings of the council; (e) perform other duties as may be required by general State law, charter or ordinance. 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 of general State law.

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(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. Section 3.11. Position Classification and Pay Plans. The city council shall be responsible for the preparation of a position classification and pay plan. Said plans may apply to all employees of the City of Lilburn, Georgia, and of any of its agencies and offices. When a pay plan has been adopted the council shall not increase or decrease the grade or step categories of individual employees except by amendment of said plan. Section 3.12. Personnel Policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employees selection and probationary periods of employment; and (2) the administration of position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoffs shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. ARTICLE IV 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 Lilburn. Section 4.11. Judge. No person shall be qualified or eligible to serve as a judge on the recorder's court unless he is a resident of Gwinnett County, is a member of the State Bar of Georgia, and has been actively engaged in the practice of law for at least three years. The judge shall be appointed by the city council. The city council shall also have the power to remove the judge.

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Section 4.12. Convening. The recorder's court shall be convened at regular intervals determined by the council. Section 4.13. Jurisdiction; Power. (a) The recorder's court shall try and punish violaters 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. (f) The recorder's court shall not subject anyone to a fine greater than $1,000.00 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.

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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. The council shall cause an election to be held at the City Hall or such other place in the city as the council shall direct and designate, on the first Saturday in December of each year. The election and prior notice thereof shall in all respect be held in compliance with the general laws of Georgia in effect at the time of such elections relating to municipal elections. On the first Saturday of December of odd-numbered years two councilmen and the mayor shall be elected. On the first Saturday of December of even-numbered years two councilmen shall be elected. Each elected officer shall serve for a term of two years, the term beginning the day and hour of taking the oath of office as provided in Article V, Section 5.19 of this charter. Section 5.12. Qualifying; Nomination of Candidates; Absentee Ballots. By ordinance the council may prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the city. Section 5.13. 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 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

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term is less than six months, the city council shall fill the vacancy by appointment and no election shall be held. Section 5.14. 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 5.15. Nonpartisan Elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.16. Election by Majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 5.17. 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 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.

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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. Section 5.18. Procedure For Removal. Removal of an elected official from office may be accomplished by three-fifths of the vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than 10 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the council to the Superior Court of Gwinnett County, as provided by law. Section 5.19. Organization Of Council. The new council members shall be sworn in by the city attorney 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 Lilburn, 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. ARTICLE VI FINANCE Section 6.10. Property Tax. The council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the State and County. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the council in its discretion. This city is hereby exempted from the provisions of Georgia Code Sections 92-4101 to 92-4104, inclusive.

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Section 6.11. Millage Rate, Due Rates, Payment Methods. The council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes. Section 6.13. 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 6.14. 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 6.15. 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 6.18.

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Section 6.16. 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 6.18. Section 6.17. Construction, Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting, in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of Delinquent Taxes and Fees. The council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.18 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas.; creations and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees; allowing exceptions for hardship; and provided for the assignment or transfer of tax executions. 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 State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.21. Short-term Notes. The city must obtain and repay any short-term 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. 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 6.23. Sale of City Property. (a) The council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general State law as now or later amended in Section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350). (b) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city 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 or advertisement was or is hereafter made. Section 6.24. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting each year and every

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office, department, institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 6.25. Preparation Of The Budget. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget including requirements as to the scope, content, and form of such budget. Section 6.26. Submission Of The Budget To The City Council. On, or before a date fixed by the council, the mayor shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The budget, message and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.27. Action By Council On Budget. (a) The council may amend the budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt services requirements for the ensuing year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final budget for the ensuing year not later than the last day of the old year. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current year shall be deemed adopted for the ensuing year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organization unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable unless authorized by the

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council. (d) The council shall be authorized to establish a tax millage rate each year after the submission of the budget to the council to ensure that the necessary revenue will be available to meet the appropriations provided for in the budget. The tax millage rate levied by the council shall not exceed 5 mills to cover general operating expenses, without the approval of a majority of those voting in a referendum specially called for approval of same. An additional millage rate may be levied for the retirement of bonded indebtedness. 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 for a period in excess of five years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises.

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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. Existing Ordinances and Regulations. Existing ordinances, by laws, rules and regulations of the City of Lilburn not inconsistent with the provisions of this charter are hereby declared valid and of full effect and force and shall continue in effect until they have been repealed, modified, or amended by council. Existing rules and regulations of departments or agencies not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 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 one thousand dollars or by imprisonment not to exceed thirty days or both such fine and imprisonment. Section 7.17 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

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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 7.18. Special Repealer. An Act incorporating the City of Lilburn in the County of Gwinnett, approved March 7, 1955 (Ga. Laws 1955, p. 3306), as amended, is hereby repealed in its entirety. Section 7.19. Continuance in Office. The mayor and council members serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected as herein provided. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office. Section 7.20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7.21. Effective Date. This charter shall become effective upon approval by the Governor or upon its becoming law without his approval. Notice of Intention To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Lilburn; 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.

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This 19th day of December, 1979. /s/ Tom Phillips Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips who, on oath, deposes and says that he/she is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Home Weekly which is the official organ of Gwinnett County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 17th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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ALBANY-DOUGHERTY COUNTY INNER CITY AUTHORITY MEMBERS, ETC. No. 759 (House Bill No. 1243). AN ACT To amend an Act to create the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), so as to change the method of appointment of the members of the Authority; to provide for a quorum; 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 Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), is hereby amended by striking in their entirety subsections (a) and (b) of Section 4 thereof and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) The Authority shall consist of the Mayor of the City of Albany, who shall be a nonvoting ex officio member, six (6) members to be appointed by the Board of Commissioners of the City of Albany for terms of two (2) years each, and a seventh member to be appointed by the six (6) so appointed. All members shall be eligible to succeed themselves and shall continue to serve until their successors have been appointed and have accepted, except that the Mayor's term shall be coextensive with his term of office as Mayor. (b) The initial Authority to serve under this amendment shall consist of the present Mayor of the City of Albany, three (3) members appointed by the Board of Commissioners of the City of Albany for terms of two (2) years each, three (3) members to be appointed by the Board of Commissioners of the City of Albany for terms of one (1) year each, and a seventh member to be appointed by those so appointed for a term of one (1) year. All vacancies which shall occur prior to the end of a term shall be filled by the Board of Commissioners of the City of Albany for the unexpired portion of the term.

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Section 2 . Said Act is further amended by striking in its entirety subsection (e) of Section 4 thereof and substituting in lieu thereof a new subsection (e) to read as follows: (e) Four (4) 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 authorize and issue revenue bonds. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply For Local Legislation. Notice is hereby given that there will be introduced at the 1980 Session of the General Assembly of Georgia a bill to amend Act No. 663, approved March 30, 1977, Georgia Laws 1977 Page 4220, establishing the Albany-Dougherty Inner City Authority, so as to change the method of appointing the members of the Authority; to repeal conflicting laws; and for other purposes. James V. Davis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. 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 3, 10, 17, 1979.

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/s/ Charles F. Hatcher Representative, 131st District Sworn to and subscribed before me, this 17th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. DECATUR COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 760 (House Bill No. 1248). AN ACT To amend an Act creating a Small Claims Court in Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2667), as amended, so as to change the jurisdiction of said court; to change the provisions relative to costs and fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Small Claims Court in Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2667), as amended, is hereby amended by striking from Section 1 the following:

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$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 in Decatur County a court to be known as the Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any court or courts now or hereafter established in Decatur County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, the powers granted to justices of the peace by the laws of the State of Georgia. 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 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: $12.00 when the amount of the claim is $1,000.00 or less and $18.00 when the amount of the claim exceeds $1,000.00; provided, however, that when more than one person is a party to an action being brought, an additional sum of $5.00 for each such person must be deposited. The deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. In other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $12.00. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1980 session of the General Assembly of Georgia to increase the maximum amount from $1000.00 to $1500 allowable under Small Claims Court of Decatur County jurisdiction with fee adjustment on amount over $1000.00. Also certain changes in fees regarding garnishments and multiple judgments. 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: December 8, 15, 22, 1979. /s/ Walter E. Cox Representative, 141st District

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Sworn to and subscribed before me, this 15th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF DUBLIN TERMS OF MAYOR AND COUNCIL, REFERENDUM. No. 761 (House Bill No. 1270). AN ACT To amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. Laws 1979, p. 3568), so as to change the terms of the mayor and council of the City of Dublin; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. Laws 1979, p. 3568), is hereby amended by striking from the first paragraph of Section 2.2 thereof the following: two (2) years,

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and inserting in lieu thereof the following: four years, so that when so amended said first paragraph of Section 2.2 shall read as follows: Except as otherwise provided herein, the mayor and members of the city council shall serve terms of four years and until their respective successors are elected and qualified. Section 2. Said Act is further amended by striking in its entirety Section 3.4 thereof, which reads as follows: 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 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., and inserting in lieu thereof the following: 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

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on the date immediately preceding the effective date of this section, shall serve until the first day of January, 1982, and until their successors are elected and qualified. On the first Monday in October, 1981, and on that day every four years thereafter, a general election shall be held for the office of mayor and the officers of council members from wards 1, 2, 3 and 4. Those persons elected to such offices shall serve for terms of four 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 section, shall serve until the first day of January, 1981, and until their successors are elected and qualified. On the first Monday in October, 1980, a general election shall be held for the offices of council members at large. Those persons then elected to such offices shall serve for a term of three years and until their successors are elected and qualified, and shall take office at the time of taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5. On the first Monday in October, 1983, and on that day every four years thereafter, a general election shall be held for the offices of council members at large. Those persons elected to such offices shall serve for terms of four 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. Not less than 15 and not more than 270 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Dublin to issue the call for an election for the purpose of submitting this Act to the electors of the City of Dublin for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 days 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 Laurens County. The ballot shall have written or printed thereon the words:

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[] YES [] NO Shall the Act changing the terms of the mayor and council of the City of Dublin from two to 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 the City of Dublin. 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 as provided in the Georgia Municipal Election Code, as now or hereafter amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. Legislation will be introduced in the 1980 session of the General Assembly to provide for a referendum to amend the charter of the city of Dublin. 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 29, 1979, January 5, 1980, January 12, 1980.

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/s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 18th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intent to Introduce Legislation. Legislation will be introduced in the 1980 session of the General Assembly to provide for a referendum to amend the charter of the city of Dublin. J. Roy Rowland 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: January 2, 1980, January 9, 1980, January 16, 1980. /s/ J. Roy Rowland Representative, 119th District

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Sworn to and subscribed before me, this 18th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES AMENDED (13,635 - 14,765). No. 762 (House Bill No. 1285). AN ACT To amend an Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. Laws 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3277), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3661), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3042), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4215), so as to provide for certain fees and costs charged in said court; to change the jurisdiction of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. Laws 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3277), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3661), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3042), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4215), is

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hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) There is hereby created and established in each county in this State having a population of not less than 13,635 and not more than 14,765 according to the United States decennial census of 1970 or any future such census a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed fifteen hundred dollars ($1,500.00), said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment in addition to the powers herein specifically granted including like powers granted to justices of the peace by the laws of the State of Georgia. (b) The plaintiff shall deposit a sum with the court according to the amount of the claim. Where the amount of the claim is seven hundred fifty dollars ($750.00) or less, the amount of the deposit shall be twenty-one dollars and fifty cents ($21.50). Where the amount of the claim is more than seven hundred fifty dollars ($750.00) but less than one thousand five hundred dollars ($1,500.00), the amount of the deposit shall be twenty-five dollars ($25.00). Where the suit goes to garnishment, the plaintiff shall deposit sixteen dollars and fifty cents ($16.50) to be used by the court for the expense of the garnishment action. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1980.

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FULTON COUNTY BOARD OF EDUCATION PENSION FUND. No. 763 (House Bill No. 1305). AN ACT To amend an Act entitled An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County; and for other purposes; approved March 2, 1945, Georgia Laws 1945, page 528, as amended, so as to provide that the Board of Education of Fulton County shall be required to pay all matching funds and to make up any deficiencies in the Pension Fund from educational funds to provide that the governing authorities of Fulton County shall not be required to appropriate any further money to the Pension Fund created by said Act; to preserve the rights of participants in said Pension Fund; to provide an effective date; to repeal conflicting Acts; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County, and for other purposes, approved March 2, 1945, as amended, is further amended by adding at the end of said Act a new section which shall read as follows: Notwithstanding any other provision of this Act as amended, all matching funds heretofore required to be paid by the governing authority of Fulton County into the Pension Fund shall be paid by the Board of Education of Fulton County from educational funds. In the event that the Pension Fund shall be insufficient to meet and pay pensions due to the participants, the Board of Education of Fulton County shall appropriate from educational funds an amount sufficient to make up the deficiency. The governing authorities of Fulton County shall have no further obligation to make any payments into the Pension Fund created by this Act; Provided, however, that nothing herein shall impair the rights of any individual participating in the pension fund created hereby. In the event that the governing authorities of Fulton County shall be required to pay any

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pensions to such participants after the effective date of this Act the governing authority of Fulton County shall be reimbursed for such payment by the Board of Education of Fulton County. Section 2. This Act shall become effective July 1, 1981. 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 of intention to apply to the January, 1980 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County for pensions and retirement pay to teachers and employees of the Board of Education of Fulton County..... and for other purposes (Ga. Laws 1945, p. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Max E. McBrayer Chairman, Fulton County School Pension Fund Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney J. Marcus who, on oath, deposes and says that he/she is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 19, 1979, December 26, 1979, January 2, 1980.

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/s/ Sidney J. Marcus Representative, 26th District Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF AUGUSTA EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 764 (House Bill No. 1319). AN ACT To amend the Charter of the City of Augusta, Georgia Laws 1798, page 136, and the Amendatory Act thereof: Georgia Laws 1949, page 1070, so as to authorize an increase in certain employees' pension fund contributions to the Augusta Employees' Retirement System; to provide 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 Augusta Employees' Retirement System, approved February 25, 1949 (Georgia Laws 1949, page 1070), is hereby amended by striking in its entirety Section IV thereof and substituting in lieu thereof a new Section IV, to read as follows:

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Section IV Contributions. There shall be deducted by the Comptroller from the salary, wages or remuneration due each future employee, hired after June 30, 1980, at each pay period, a sum equal to 8% thereof, which deduction shall be paid at once into the general retirement fund. The City shall contribute annually to the said fund sums sufficient on sound actuarial principles, with the contributions of their respective future employees, to provide future pensions for such future employees based on services rendered by them. The Comptroller shall certify to the Chief Executive of the City as designated by the City Council of Augusta the sums necessary to be appropriated each year upon the basis of the actuarial survey and valuation hereinafter provided. The sums so appropriated shall be paid into the general retirement fund at such times as the Comptroller shall require. It shall be the duty of the Chief Executive and the City Council of Augusta to cause to be made within six months after the effective date of this an actuarial survey and valuation of each of the several pension systems of the 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given that Local Legislation will be introduced at the January-February 1980 Session of the General Assembly of Georgia to amend the Charter of the City of Augusta and specifically the Pension Acts so as to authorize an increase in the percentage contribution required of city employees under the Augusta Employees Retirement System Act and to put costs with employees at whatever level is needed to maintain the actuarial soundness of the fund, and for other purposes. Samuel F. Maguire Attorney for the City Council of Augusta

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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: December 12, 19, 26, 1979. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 7, 1980. (Seal). Approved March 18, 1980.

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PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN CITIES AMENDED (MORE THAN 300,000). No. 765 (House Bill No. 1320). AN ACT To amend an 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 repeal in its entirety Section 6 of said Act, as amended, which section provides for the establishment of a board of trustees and further pertains to the duties and membership of said board, and to enact, in lieu thereof, a new section pertaining to said matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 6 of an Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, which Act provides for a system of pensions and other benefits for members of paid fire departments in certain cities and which section presently provides as follows: Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this Act. `City comptroller' shall include any officer by whatever title designated who performs the duties in whole or in part of a city comptroller. `Aldermanic board' shall include the legislative body of any such city. `Board of education' shall include any board or body performing the duties usually assigned to a board of education.

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(b) There is hereby established to serve without pay a board of trustees whose duty it shall be to manage said fund which shall be kept as a separate fund. The board of trustees shall consist of the mayor, the city comptroller, one member of the aldermanic board to be appointed annually by the mayor, and two members of the fire department to be elected annually by the members of said department in active service at the date of their election. Provided, that if such city has an administrative assistant to the mayor, that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the board of trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor., is hereby repealed in its entirety with the following being substituted in lieu thereof: Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this Act. `Commissioner of finance' shall include any officer by whatever title designated who performs the duties of the chief financial officer of any such city. `City council' shall include the legislative body of any such city. (b) There is hereby established, to serve without compensation, a board of trustees whose duty it shall be to manage said fund which shall be kept as a separate fund. The board of trustees shall consist of the mayor, the commissioner of finance, one member of the city council, said member to be appointed biennially by the mayor, and two members of the fire department, whether in active service or retired, to be elected for four year terms, by both active and retired members of said department. Provided that if such city has an administrative assistant to the mayor, the mayor shall have the privilege of designating such administrative assistant to serve on the board of trustees in his stead, and, when so acting, he shall have all the powers herein conferred upon the mayor. (c) The terms of the two present members of said board of trustees, elected by the members of said fire department, due to expire in January, 1980, shall expire June 1, 1980, at which time or immediately thereafter, an election shall be held, in accordance with subsection (b) above, to fill the vacancies created thereby. For the initial election to be held not later than June, 1980, the individual

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receiving the highest number of votes shall serve for a term expiring January 1, 1984, with the individual receiving the second highest number of votes to serve for a term expiring January 1, 1982. Not later than January, 1982, an election shall be held to fill such expired term and thereafter, an election to fill expired terms shall be held not later than January of each succeeding two years, with the individual so elected serving for a term of four years as provided in subsection (b) above. Such members shall continue to serve until their successors have been elected. (d) The board of trustees shall be authorized to adopt all rules necessary in carrying out the provisions of this Act, as amended, pertaining to electing members to the board of trustees and with respect to the filling of vacancies occurring on said board; provided, however, that any such rules shall not be inconsistent with any provisions of this Act, as amended; provided, further, that the names of candidates in any election shall be sent to those persons eligible to vote not more than 45 days nor less than 30 days before the said election. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1980.

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PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN CITIES AMENDED (MORE THAN 300,000). No. 766 (House Bill No. 1322). 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, so as to provide that enrollment pursuant to the provisions of this Act, as amended, shall be irrevocable; to provide that, except under specified circumstances, the refund of employee contributions shall be prohibited; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. The receipt of an applicant's executed enrollment or application card by the Commissioner of Finance or his agent, shall constitute the irrevocable consent of the applicant to participate under the provisions of this Act, as amended, or as may hereinafter be amended. Section 2. Except upon the separation of employment other than retirement or death of an employee, or in the case of bookkeeping,

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clerical or data processing errors, the refund of pension contributions paid by an employee shall be prohibited. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1980. PENSION SYSTEM FOR MEMBERS OF POLICE DEPARTMENTS OF CERTAIN CITIES AMENDED (300,000 OR MORE). No. 767 (House Bill No. 1323). 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 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 that enrollment pursuant to the provisions of this Act, as amended, shall be irrevocable; to provide that, except under specified circumstances, the refund of employee contributions shall be prohibited; to repeal in its entirety Section 6 of said Act, as amended, which section provides for the establishment of a board of trustees and further pertains to the duties and membership of said board, and to enact, in lieu thereof, a new section which shall provide

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for an increase in the terms of the elected employee members from one year to four years; to stagger the terms and elections of said employee members; to provide that retirees may vote for and qualify as candidates for said employee member positions; to authorize the board of trustees to adopt all rules necessary to carry out provisions related to the election of its members; to provide an effective date; 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. The receipt of an applicant's executed enrollment or application card by the Commissioner of Finance or his agent, shall constitute the irrevocable consent of the applicant to participate under the provisions of this Act, as amended, or as may hereinafter be amended. Section 2. Except upon the separation of employment other than retirement or death of an employee, or in the case of bookkeeping, clerical or data processing errors, the refund of pension contributions paid by an employee shall be prohibited. Section 3. The aforesaid Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, is further amended by striking Section 6 thereof which presently reads as follows: Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this act. `City comptroller' shall include any officer by whatever title designated who performs the duties in whole or in part of a city comptroller. `Aldermanic board' shall include the legislative body of any city. `Board of education' shall include any board or body performing the duties usually assigned to a board of education.

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(b) There is hereby established to serve without pay a board of trustees whose duty it shall be to manage the funds that shall be collected to pay pensions under the provisions of this act, which said funds shall be kept as a separate fund. The board of trustees shall consist of the mayor, one (1) member of the aldermanic board, to be appointed bi-annually by the mayor, the city comptroller, and two (2) members of the police department who shall be in good standing at the time of their election and who shall be elected in January of each year. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the board of trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor., in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this act. `Commissioner of Finance' shall include any officer by whatever title designated who performs the duties the chief financial officer of any such city. `City Council' shall include the legislative body of any such city. (b) There is hereby established, to serve without compensation, a board of trustees whose duty it shall be to manage said fund which shall be kept as a separate fund. The board of trustees shall consist of the mayor, the commissioner of finance, one (1) member of the city council, said member to be appointed annually by the mayor, and two (2) members of the police department, whether in active service or retired, to be elected for four (4) year terms, by both active and retired members of said department. Provided that if such city has an administrative assistant to the mayor, the mayor shall have the privilege of designating such administrative assistant to serve on the board of trustees in his stead and, when so acting, he shall have all the powers herein conferred upon the mayor. (c) In January, 1981, an election shall be held, in accordance with (b) above, to fill the vacancies created by the expiration of the terms of the police department members then serving. For the initial election to be held not later than January, 1981, the individual receiving the highest number of votes shall serve for a term expiring

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in January, 1985, with the individual receiving the second highest number of votes to serve for a term expiring in January, 1983. Not later than January, 1983, an election shall be held to fill such expired term and thereafter, an election to fill expired terms shall be held not later than January of each succeeding two (2) years, with the individual so elected serving for a term of four (4) years as provided in (b) above. Such members shall continue to serve until their successors have been elected. (d) The board of trustees shall be authorized to adopt all rules necessary in carrying out the provisions of this act, as amended, pertaining to electing members to the board of trustees and with respect to the filling of vacancies occurring on said board; provided, however, that any such rules shall not be inconsistent with any provisions of this act, as amended; provided further, that the names of candidates in any election shall be sent to those persons eligible to vote not more than 45 days nor less than 30 days before the said election. 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. Approved March 18, 1980. PENSION SYSTEM FOR MEMBERS OF POLICE DEPARTMENTS OF CERTAIN CITIES AMENDED (300,000 OR MORE). No. 768 (House Bill No. 1326). AN ACT To amend an Act approved February 15, 1933 (Ga. Laws 1933, pp. 212, et seq.), as amended, providing pensions for members of

Page 3209

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 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 reenact a provision relating to refunds, which provision was inadvertently repealed by Section 3(n) of said Ga. Laws 1978, p. 4527; to provide that said refunds shall be subject to withholding or deduction under certain circumstances; to amend the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3623), relating to credit for prior service, so as to clarify provisions and make technical changes; to provide an effective date; 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 of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.), is hereby amended by adding thereto, a new subsection (s), which shall provide as follows: (s) Any employee participating in the provisions of the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), or of the several Acts amendatory thereof, who leaves the employ of such municipality prior to retirement shall be entitled to a refund of all monies paid into such fund by said employee; provided, however, that such refunds shall be subject to withholding or deduction for any debts owed or amounts due to such municipality by such ex-employee.

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Section 2. Quoted subsection (J)(1) of the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3623), is hereby amended by striking said subsection in its entirety and substituting in lieu thereof a new quoted subsection (J)(1) to read as follows: (J) (1) Credit for previous city service, contributions, payment. Any officer or employee claiming previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be eligible for previous service credit immediately upon filing application for same, and upon payment of the contribution in accordance with the provisions set forth in subsection (I) of the 1978 Pension Act Amendment (Ga. Laws 1978, pp. 4527, 4534); provided, however, the penalty provision of said subsection (I) shall be applicable only to such officers or employees who failed to elect enrollment under said 1978 Pension Act Amendment prior to October 1, 1978, and who terminated employment subsequent to April 1, 1978. 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 termination to the date of filing of the application. The total amount of such required contributions, less a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment, shall be increased by an amount equal to such required contributions, less the said amount withdrawn multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination or October 1, 1978, whichever is later to the date of application. 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 plus an amount equal to seven percent (7%) per annum compounded of such amount not withdrawn from the date of termination to the date of filing of the application. As to credit for part-time or temporary service with the city, such previous 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 previous service credit. The

Page 3211

payment of the contributions of previous service credit for previous 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. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1980. CITY OF REMERTON TAXATION. No. 769 (House Bill No. 1332). AN ACT To amend an Act incorporating the City of Remerton, approved February 19, 1951 (Ga. Laws 1951, p. 2647), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3664) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3687), so as to eliminate the prohibition against taxation of realty and personalty

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and to provide for authority to tax real estate and personal property in the City of Remerton; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Remerton, approved February 19, 1951 (Ga. Laws 1951, p. 2647), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3664) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3687), is hereby amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. The Mayor and Council shall have the power and authority to assess, levy, and collect an ad valorem tax not to exceed ten mills on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and County. The tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; repaying principal and interest on general obligations; and for any other public purpose as determined by the Mayor and Council in its discretion. The Mayor and Council are hereby authorized to enact such ordinances as are necessary to carry out the assessment, levy, and collection of ad valorem taxes. The Mayor and Council may also provide generally by ordinance for the collection of delinquent taxes due the City by whatever reasonable means are not precluded by general State law. This shall include providing for the dates when the taxes are due; late penalties and interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes, penalties and interests personal debts of the persons required to pay the taxes imposed; allowing exceptions for hardship; and providing for the assignment and transfer of tax executions. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. To Whom It May Concern:

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Notice is hereby given that application will be made to the 1980 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Remerton which bill shall be entitled as follows: A bill entitled An act to amend the Charter of the City of Remerton as set forth in the act of the General Assembly of Georgia incorporating said City, approved February 19, 1951, (Ga. L. 1951, p. 2647), as amended by an act approved March 28, 1974, (Ga. L. 1974, p. 3664), and by an act approved March 13, 1978, (Ga. L. 1978, p. 3687), so as to repeal the prohibition against assessment and levy of ad valorem taxes and to provide for the assessment and levy of same. Fred H. Walker, Attorney for the City of Remerton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten who, on oath, deposes and says that he/she is Representative from the 149th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: December 21, December 28, 1979 and January 4, 1980. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 30th day of January, 1980.

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/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Notice of Intention to Apply for Local Legislation. To Whom It May Concern: Notice is hereby given that application will be made to the 1980 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Remerton which bill shall be entitled as follows: A bill entitled An act to amend the Charter of the City of Remerton as set forth in the act of the General Assembly of Georgia incorporating said City, approved February 19, 1951, (G. L. 1951, p. 2647), as amended by an act approved March 28, 1974, (Ga. L. 1974, p. 3664), and by an act approved March 13, 1978, (Ga. L. 1978, p. 3687), so as to repeal the prohibition against assessment and levy of ad valorem taxes and to provide for the assessment and levy of same. Fred H. Walker, Attorney for the City of Remerton Affidavit Georgia, Lowndes County. I, Tenney S. Griffin, do hereby certify and on oath depose and say that I am the publisher of the Valdosta Daily Times, which is a newspaper in which the advertisement for Lowndes County, Georgia, are published; that the attached and foregoing instrument entitled Notice of Intention to Apply for Local Legislation is a

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true and correct copy of a notice which was published in said newspaper once a week for three weeks on December 21st and 28th, 1979, and on January 4, 1980, and that said notice has been published as provided by law. Tenney S. Griffin, Publisher Valdosta Daily Times Sworn to and subscribed before me, this 8th day of January, 1980. /s/ Margie H. Highsmith Notary Public. My Commission Expires Feb. 5, 1983. (Seal). Approved March 18, 1980. TOWN OF MARTIN NEW CHARTER. No. 770 (House Bill No. 1341). AN ACT To provide a new charter for the Town of Martin in the Counties of Franklin and Stephens; to provide for the incorporation and powers of said town; to provide for the form of government and for the governing body of said town; to provide for the executive and judicial branches of the town government; to provide for the election of the members of the governing body of said town; to provide for financial and fiscal matters; to provide for other matters relative to the foregoing; to provide for certain penalties; to provide for

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severability; to repeal specific Acts; 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 Martin, in the Counties of Franklin and Stephens, repealing and replacing the charter provided by an Act of the General Assembly, approved September 7, 1891 (Ga. Laws 1890-1891, Vol. II, p. 734), as amended by an Act approved August 11, 1909 (Ga. Laws 1909, p. 1108), an Act approved August 5, 1910 (Ga. Laws 1910, p. 948), an Act approved August 13, 1912 (Ga. Laws 1912, p. 1116), an Act approved August 16, 1913 (Ga. Laws 1913, p. 1011), an Act approved August 14, 1915 (Ga. Laws 1915, Ex. Sess., p. 703), an Act approved August 9, 1916 (Ga. Laws 1916, p. 791), an Act approved August 18, 1925 (Ga. Laws 1925, p. 1180), an Act approved March 28, 1935 (Ga. Laws 1935, p. 1114), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2487), and by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2988). The Town of Martin, Georgia, in the Counties of Franklin and Stephens and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the Town of Martin, Georgia. Under that name, said town shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Section 1.11. Corporate boundaries. The boundaries of the Town of Martin shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. In accordance with procedures established by ordinance of the council, the town clerk

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shall maintain a map, a written legal description or any combination thereof showing the current boundaries of the Town of Martin to be retained permanently in the town records and to be designated as the case may be: Map (or Description) of the Corporate Limits of the Town of Martin, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description and shall be made at the direction of the council. Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted in evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12. Specific powers. Subject to the limitations and requirements of general laws, the corporate powers of the government of the Town of Martin to be exercised by the governing authority may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; and to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses; (3) To levy and collect such other taxes as may be allowed now or in the future by state law; (4) To make appropriations for the support of the government of the town, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the town; (5) 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) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town;

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(7) 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) To condemn property, inside or outside the corporate limits of the town for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable public Acts as are or may be enacted; (9) 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) To grant franchises or make contracts for public utilities, including the power to grant privileges and franchises to any other municipal corporation to own and operate natural gas distribution systems within the corporate limits of the Town of Martin; 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; (11) 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; (12) To grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (13) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public

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buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements, inside or outside the corporate limits of the town; and to regulate the use thereof, and for such purposes property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts, as are or may be enacted; (14) 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; (15) 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; (16) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, transportation, or distribution 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; (18) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (19) To license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (20) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,

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and any and all other structures or obstructions upon or adjacent to the right-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the town and to prescribe penalties and punishment for violation of such ordinances; (21) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (22) 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; (23) 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; (24) To provide for the destruction and removal of any building or other structure which may be or might become dangerous or detrimental to the public; (25) To provide for the collection and disposal of garbage, rubbish, refuse, and other solid waste; to regulate the collection and disposal of garbage, rubbish, refuse, and other solid waste 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; to recover and utilize resources contained in solid waste for production of energy and other purposes; (26) To levy, fix, assess, and collect a garbage, refuse, and trash and waste 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; (27) 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 systems, and to levy on the users of sewers and sewerage systems a sewer service

Page 3221

charge fee or sewer tax for the use of sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (28) 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; (29) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (30) To define a nuisance and provide for its abatement whether on public or private property; (31) 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; (32) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the town and to provide for the enforcement of such standards; (33) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the town; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (34) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the town; and to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said town which, while not constituting an offense against the laws of this state, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the town or to the welfare of the citizens thereof;

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(35) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder; (36) 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; (37) 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; (38) To provide and maintain a system of pensions and retirement for officers and employees of the town; (39) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) 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; (41) 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; (42) To make, ordain, and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the town and the inhabitants thereof, and for preserving the health, peace, order, and good government of the town; (43) To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

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(44) To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (45) 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; (46) To provide comprehensive town planning for development by zoning, subdivision regulations, and the like as the town council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (47) To organize and operate an urban redevelopment program; (48) To organize and operate such public transportation systems as are deemed beneficial; (49) 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 if fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General powers. In addition to all other powers herein granted, the town shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the town was heretofore authorized to exercise upon the effective date of this charter.

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Section 1.14. Construction. The powers of the town shall be construed liberally and in favor of the town. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the town as stated in this charter. It is the intention hereof to grant to the town full power and right to exercise all governmental authority necessary for the effective operation and conduct of the town and all of its affairs. Section 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Form of government. The government of the Town of Martin shall be vested in a mayor and town council, said council to be composed of five councilmen chosen as hereinafter provided. Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of three years and until their respective successors are elected and qualified. The mayor shall serve for a term of one year and until his or her successor is elected and qualified. No person shall be eligible to serve as mayor or councilman unless he or she: (1) Has been a resident of the town for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) Continues to reside within the town during his or her period of service; (3) Is registered and qualified to vote in municipal elections of the Town of Martin; and

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(4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; forfeiture of office; filling of vacancies. (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he: (1) Lacks at any time during the term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) 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 receive as compensation for their services an amount prescribed by ordinance passed by the council in conformity with the laws of the State of Georgia. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective municipal office or municipal employment in the Town of Martin during the term for which he or she was elected. (b) Neither the mayor nor any councilman shall vote upon any question in which he or she is personally interested. Section 2.15. Inquiries and investigations. The council may make inquiries and investigations into affairs of the town and the

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conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the Town of Martin provided in Article I. (b) In addition to all other powers conferred on it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health and welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the Town of Martin and may enforce such ordinances, resolutions, rules and regulations by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the town and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17. Duties of mayor. The mayor shall be the chief executive officer of the Town of Martin. 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. The mayor shall: (1) Preside at all meetings of the council; (2) Vote as a member of the council only at such times as are necessary to break a tie or deadlock of the council; (3) Be the official head of the city for the service of process and for ceremonial purposes;

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(4) Have power to administer oaths and to take affidavits; (5) Sign all written contracts entered into by the council on behalf of the town and all other contracts and instruments executed by the town which by law are required to be in writing; (6) See that all laws and ordinances of the town are faithfully executed; and (7) Perform other duties as may be required by law, this charter, or ordinance. Section 2.18. Organization meeting. The council shall meet for organization on the date and at the time of the first regular meeting following each regular election. The meeting shall be called to order by the town clerk and an oath of office shall be administered to the newly elected mayor and council members. The form of the oath of office shall be prescribed by ordinance. The newly elected mayor and council members shall subscribe the oath and file it with the town clerk who shall record it in the minutes of the meeting. Section 2.19. Mayor pro tempore. At the organization meeting described in Section 2.18, the council shall elect one of its members mayor pro tempore for that year who shall discharge the duties and exercise the powers and authority of mayor in the absence, disability, or disqualification of the mayor and during a vacancy in the office of mayor; provided, that his or her rights and duties as councilman shall remain unimpaired. Section 2.20. Regular and special meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor and two members of the council or three members of the council without the mayor. Notice of such special meetings shall be served on all other members personally or by telephone personally, or shall be left at their residence at least twenty-four hours in advance of such meeting. Such notice shall not be required if the

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mayor and all councilmen are present when the special meeting is called. Attendance at a special meeting shall constitute a waiver of notice of the special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting. Section 2.21. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings which shall be a public record. Section 2.22. Quorum; voting. The mayor or mayor pro tem. 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 voice vote, and the ayes and nays shall be recorded in the journal. Any member of the council shall have the right to request a roll-call vote. The affirmative vote of three councilmen, or two councilmen and the mayor in case of a deadlock or tie, shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.23. Enactment of ordinances. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: Be it ordained by the Town Council of Martin..... Any ordinance which repeals or amends an existing ordinance shall set forth the ordinance sections or subsections to be repealed or amended. (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. Every ordinance shall be signed by the mayor after its adoption. Section 2.24. Codes of technical regulations. (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements

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governing such adopting ordinance shall be as generally prescribed for ordinances except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.25. Authentication, recording, and codification of ordinances. (a) The town clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The council may provide for the preparation of a general codification of all ordinances of the town having the force and effect of law. The general codification may be adopted by the council by ordinance and, if so adopted, shall be known as The Code of the Town of Martin, Georgia. All ordinances enacted subsequent to the adoption of the code shall be incorporated therein. ARTICLE III EXECUTIVE BRANCH Section 3.10. Administrative and service departments. (a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the town as they shall deem necessary for the proper administration of the affairs and government of the town. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the town. (b) The operations and responsibilities of each department now or hereafter established in the town shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council.

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

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(f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the town government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the town, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the town. Section 3.12. Town clerk. The council shall appoint a town clerk, who shall also serve as the town treasurer, with such compensation as shall be determined by the council. The town clerk shall keep a journal of the proceedings of the town council, maintain in a safe place all records and documents pertaining to the affairs of the town, and perform such other duties as may be required by law or as the council may direct. Section 3.13. Personnel administration. The council may adopt ordinances, rules and regulations consistent with the charter dealing with: (1) The method of employee selection and probationary periods of employment; (2) Adoption and administration of a position classification and pay plan including 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 and procedures as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Martin.

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ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal court. There is hereby created a court to be known as the Municipal Court of the Town of Martin which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law. Section 4.11. Judge of the municipal court. The municipal court shall be presided over by the judge of the municipal court who shall have such qualifications as the council shall by ordinance provide. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town of Martin granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances. (b) The municipal court shall have the authority to punish those in its presence for contempt by a fine not to exceed $50.00 or imprisonment not to exceed five days. The municipal court may fix punishment for offenses within its jurisdiction not exceeding $1,000.00 or imprisonment not to exceed 12 months, or any part of such punishments or combination thereof, and as an alternative to such fine or imprisonment, the 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 12 months. (c) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking

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of prisoners bound over to superior courts for violations of state law. (d) The municipal court shall have the authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the Town of Martin or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (e) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (f) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (g) 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. Section 4.14. Appeal. Any person convicted of an offense in the municipal court shall have the right to apply to the superior court of the county in which the portion of the town where the offense was committed lies for a writ of certiorari. Appeal shall be to either the Superior Court of Stephens County or the Superior Court of Franklin County based on the foregoing rule. The right of appeal and procedures pertaining to appeal bonds to the superior court from the municipal court shall lie in the same manner and under the

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same procedure as generally prescribed for appeals and appeal bonds from the probate court. ARTICLE V ELECTIONS Section 5.10. Regular elections. (a) The first election of the mayor and council under this charter shall be held on the second Monday in October, 1980. At said election, the mayor shall be elected for a one-year term, and two councilmen shall be elected for three-year terms as provided in Section 2.11. The council positions to be filled at this election shall be those filled at the election held in 1977 pursuant to the amendment to the charter of the Town of Martin enacted in 1974 (Ga. Laws 1974, p. 2988). (b) The second election of the mayor and council under this charter shall be held on the second Monday in October, 1981. At said election, the mayor shall be elected for a one-year term and one councilman shall be elected for a three-year term as provided in Section 2.11. The council position to be filled at this election shall be the one filled at the election held in 1978 pursuant to the amendment to the charter of the Town of Martin enacted in 1974 (Ga. Laws 1974, p. 2988). (c) The third election of the mayor and council under this charter shall be on the second Monday in October, 1982. At said election, the mayor shall be elected for a one-year term and two councilmen shall be elected for three-year terms as provided in Section 2.11. The council positions to be filled at this election shall be those filled at the election held in 1979 pursuant to the amendment to the charter of the Town of Martin enacted in 1974 (Ga. Laws 1974, p. 2988). (d) Subsequent elections shall be held on the second Monday in October of each year. At each election, the mayor shall be elected for a one-year term and until his or her successor is elected and qualified. Councilmen and their successors shall be elected during the term that their respective terms of office expire for terms of three years and until their successors are elected and qualified. A candidate for the office of mayor or councilman shall designate that he or she is a candidate for mayor or designate that he or she is a candidate for councilman. All candidates for mayor and councilman

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shall be elected by plurality so that in any election as provided herein the candidate for mayor and the two candidates for councilman receiving the highest number of votes cast shall be elected, and the candidate for mayor and the candidate for councilman, in those years when only one councilman is elected, who receives the highest number of votes cast at said election shall be elected. (e) The mayor and councilmen shall take office on the first day of November following their election as provided in this section. Section 5.11. Applicability of general laws. The procedures and requirements for election of all elected officials of the Town of Martin as to primary, special, and general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, p. 885) as now or hereafter amended. Section 5.12. Special elections; vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 180 days of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.13. Grounds for removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (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;

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(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 5.14. 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 from 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 Stephens 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 Stephens County as provided by law. ARTICLE VI FINANCIAL AND FISCAL MATTERS Section 6.10. Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the Town of Martin. The council by ordinance shall elect to use the county assessment for the year in which the town taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax levy. The council 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

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state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, providing governmental services, the repayment of principal and interest on general obligations, and for any other public purpose as determined by the council in its discretion. Section 6.12. Millage rate; due dates; tax bills. The council by ordinance shall establish a millage rate for the town property tax. The council by ordinance may also provide for tax due dates and for the payment of taxes by installments or in one lump sum. Any such ordinance 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 town clerk and executed by any police officer of the town under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which town property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the town. Section 6.14. License fees; occupational taxes; excise taxes. The council by ordinance shall have full power to levy such license fees and specific or occupational taxes upon the residents of the Town of Martin, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the town; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.

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Section 6.15. Sewer service charges. The council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the Town of Martin, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said town. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and town property taxes and shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. Section 6.16. Sanitary and health service charge. The council shall have authority by ordinance to provide for, to enforce, to levy, and to collect the cost of sanitary and health services necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business in said town benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens, except liens for county and town property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. Section 6.17. Special assessments. The council shall have the power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent, and shall thereafter be subject to interest at the rate of 9 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and town property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for town property taxes.

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Section 6.18. Construction; other taxes. The Town of Martin 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 6.19. 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 transfer of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the town, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.20. General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as state law now or hereafter provides. Section 6.22. Fiscal year; preparation and adoption of operating budget. (a) The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting unless otherwise provided by state or federal law. (b) On or before a date fixed by the council prior to the beginning of each fiscal year, the council shall prepare and adopt a budget for the ensuing fiscal year. The council shall provide by ordinance the procedures and requirements for the preparation and execution of said annual budget. The budget and all supporting

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documents shall be filed in the office of the town clerk and shall be open to public inspection. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official bonds. The officers and employees of the Town of Martin, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the town council may from time to time require. Section 7.11. Existing ordinances and regulations. Existing ordinances and regulations of the Town of Martin not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the Town of Martin 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 provision of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed twelve months or both such fine and imprisonment. Section 7.14. Specific repealer. An Act incorporating the Town of Martin in the County of Franklin, approved September 7, 1891 (Ga. Laws 1890-1891, Vol. II, p. 734), as amended by an Act approved August 11, 1909 (Ga. Laws 1909, p. 1108), an Act approved August 5, 1910 (Ga. Laws 1910, p. 948), an Act approved August 13, 1912 (Ga. Laws 1912, p. 1116), an Act approved August 16, 1913 (Ga. Laws 1913, p. 1011), an Act approved August 14, 1915 (Ga. Laws 1915, Ex. Sess., p. 703), an Act approved August 9, 1916 (Ga. Laws 1916, p. 791), an Act approved August 18, 1925 (Ga. Laws 1925, p. 1180), an Act approved March 28, 1935 (Ga. Laws 1935, p. 1114), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2487), and by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2988), is hereby repealed in its entirety. An Act

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authorizing the establishment and maintenance of a system of public schools for the Town of Martin, approved August 16, 1909 (Ga. Laws 1909, p. 1103) is hereby repealed in its entirety. Section 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.16. Effective dates. For the purposes of the town elections held in 1980 as provided by Section 5.10 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shall be effective for all purposes on November 1, 1980. Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Intent to Introduce Legislation. It is intended to introduce legislation by Representative Jack Irvin for the change of the Martin City Charter. Thomas R. Williams Mayor 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/she is Representative from the 10th District, and

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that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: December 20, 1979, December 27, 1979, January 3, 1980. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 22nd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF DALTON RETIREMENT SYSTEM AMENDED. No. 772 (House Bill No. 1383). AN ACT To amend an Act approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton so as to provide a comprehensive and unifed pension plan for certain employees of the City of Dalton, approved March 22, 1974 (Ga. Laws 1974, p. 2744) as amended by an Act approved February 11, 1977 (Ga. Laws 1977, p. 2601), so as to place certain limitations on early retirement; to provide for determination of normal retirement date; to provide for determination of amount of pension; to

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provide for the date of retirement of certain persons who die; to change provisions relating to persons who terminate their employment with the city; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act approved February 27, 1874, amending and codifying the various Acts incorporating the City of Dalton so as to provide a comprehensive and unified pension plan for certain employees of the City of Dalton, approved March 22, 1974 (Ga. Laws 1974, p. 2744), as amended by an Act approved February 11, 1977 (Ga. Laws 1977, p. 2601), is hereby amended by striking from Section 5 thereof the following: participant shall be the first to occur of the following, and substituting in lieu thereof the following: active employee participant shall be one of the following, determined in a manner most advantageous to the active employee participant:, so that when so amended Section 5 shall read as follows: Section 5. Normal Retirement Date. The normal retirement date for each active employee participant shall be one of the following, determined in a manner most advantageous to active employee participant: (i) the first day of the month following his attainment of the age of sixty-five (65); (ii) where a participant has completed at least twenty-five (25) years of continuous service and has attained the age of fifty-five, the first day of any month following the month in which his continuous service shall terminate; and (iii) where a participant has completed thirty (30) years of continuous service, the first day of any month following the month in which his continuous service shall terminate. Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 6 thereof and substituting in lieu thereof a new subsection (a) to read as follows:

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(a) Commencing on the first day of the month following the actual retirement date of each participant who shall commence to receive benefits on or after his normal retirement date, such participant shall receive a monthly pension benefit equal to the product of (1) thirteen hundredths (0.13%) percent of the participant's average basic monthly earnings during the thirty-six (36) consecutive months preceding his actual retirement date in which his basic monthly earnings were highest, and (2) the number of months of continuous service by the participant on the date of the participant's actual retirement. The amount of monthly pension determined in accordance with the preceding sentence shall be increased annually by an amount equal to four percent (4%) of said pension benefit determined as of the date the monthly pension benefit commences, such increase to take effect as of each anniversary date of said participant's actual retirement. Section 3. Said Act is further amended by striking in its entirety subsection (c) of Section 7 thereof and substituting in lieu thereof a new subsection (c) to read as follows: (c) Under no circumstances shall an active employee participant who becomes totally and permanently disabled or dies prior to his normal or early retirement eligibility date be entitled to early retirement under this Section 7 as a result of such disability or death and he or his spouse or children shall receive only the benefits provided in Section 10 hereof. Section 4. Said Act is further amended by striking from subsection (a) of Section 9 thereof the words: normal retirement date, and substituting in lieu thereof the words: actual retirement date, so that when so amended subsection (a) of Section 9 shall read as follows: (a) The normal form of monthly pension benefits shall commence on the participant's actual retirement date and shall be payable monthly thereafter during his lifetime; and additionally he

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shall have a guarantee of 120 monthly payments to him or, upon his death, to his beneficiary; and upon the completion of such 120 month period, upon his death, a payment of fifty-five percent of such retirement benefit for the lifetime of the spouse of the participant; provided, however that, such spouse shall have been married to the participant for a period of not less than five (5) years prior to his death, or shall not be more than five (5) full years younger than the participant, and not otherwise. Section 5. Said Act is further amended by adding a new subsection at the end of Section 9, to be designated subsection (d), to read as follows: (d) Should an employee die subsequent to completing the criteria for retirement under normal retirement or early retirement but before actually retiring, the board shall fix his date of retirement as of the day immediately preceding the date of his death. Section 6. Said Act is further amended by striking in its entirety Section 11 thereof and substituting in lieu thereof a new Section 11 to read as follows: Section 11. Termination of employment. (a) A participant whose continuous service is terminated prior to his normal or early retirement date, except by reason of death or disability, and who has failed to complete fifteen (15) years of continuous service at such date of termination shall receive a lump sum payment equal to the total of his accumulated contributions with interest. (b) (1) A participant whose continuous service is terminated prior to his normal or early retirement date, except by reason of death or disability, and who has completed at least fifteen full years of active service from the date of such termination may elect: (A) To receive a lump sum payment equal to the total of his accumulated contributions with interest (provided, however, that the participants described in 6(b) who have made the irrevocable election to receive the benefits described in Section 6(b) shall not be entitled to a return of their accumulated contributions); or

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(B) To receive a monthly pension benefit computed in accordance with Section 7 commencing on his normal retirement date determined in accordance with Section 5 and in the normal form described in Section 9(a); or (C) Upon the attainment of age 55, to be eligible to the same extent as a participant to receive the benefits described in Section 7. (2) In the event of the death of a participant prior to his normal retirement date and prior to the commencement of payments under (1)(A) or (1)(C), above, payments to the beneficiary or spouse shall be made in the same manner as though the participant had attained the age of 65 on the date of his death but such payment shall begin on the date on which the participant would actually have attained age 65 had he lived. Section 7. 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 1980 session of the General Assembly of Georgia, a local bill to amend the charter of Dalton (Georgia Laws 1874, p. 181), as amended, and particularly by (Georgia Laws 1966, p. 2946), The Mayor and Council of the City of Dalton Employees' Pension Plan, as amended, so as to provide a retirement date certain for any tenured employee who deceases and to provide for an increase in the cost of living provision of the plan to six (6) percent per annum for all present and future retirees; to repeal conflicting laws; and for other purposes. M. Donald Ellis Mayor, The City of Dalton

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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 County, on the following dates: December 21, 1979, December 28, 1979, January 4, 1980. /s/ Roger Williams Representative, 6th District Sworn to and subscribed before me, this 23rd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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MUSCOGEE COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT. No. 773 (House Bill No. 1386). AN ACT To amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. Laws 1952, p. 40), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3113), so as to change the compensation of the clerk of the superior court; to provide for an increase at the conclusion of each term; to provide that the clerk of the superior court shall receive at least the same compensation as the Sheriff of Muscogee County as computed under the Act providing for minimum salaries for sheriffs, as now or hereafter amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a salary for the Clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. Laws 1952, p. 40), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3113), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof the following: Section 1. (a) The base salary of the Clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia, shall be $26,700.00 per annum. This base salary shall be increased by 5 percent for each four-year term of office served. Such increase shall be computed at the end of each period of service. (b) Should the salary of the clerk of the superior court, as provided in subsection (a), ever be less than the compensation authorized to be paid to the Sheriff of Muscogee County as computed under an Act providing minimum salaries for sheriffs, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended, the salary of the clerk of the superior court shall be increased by the amount necessary to equal the salary of the sheriff as computed under such Act.

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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 at the January, 1980 session of the General Assembly of Georgia, a bill so as to change the salary of the Clerk, of the Superior Court, of Columbus, Muscogee County, Georgia, to establish such change to be effective as of January 1, 1981, to repeal conflicting laws and for other purposes. This the 31st day of December 1979. James L. Stubbs Clerk Superior Court Muscogee County, Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck 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 Ledger-Enquirer which is the official organ of Muscogee County, on the following dates: January 3, 10, 17, 1980. /s/ Thomas B. Buck Representative, 95th District

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Sworn to and subscribed before me, this 22nd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. MUSCOGEE COUNTY COMPENSATION OF TAX COMMISSIONER. No. 774 (House Bill No. 1387). AN ACT To amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, approved July 25, 1927 (Ga. Laws 1927, p. 638), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2784), so as to change the compensation of the tax commissioner; to provide for an increase at the conclusion of each term; to provide that the tax commissioner shall receive at least the same compensation as the Sheriff of Muscogee County as computed under the Act providing for minimum salaries for sheriffs, as now or hereafter amended; 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 abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, approved July 25, 1927 (Ga. Laws 1927, p. 638), as amended, particularly by an Act approved February

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25, 1977 (Ga. Laws 1977, p. 2784), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof the following: Section 5. (a) The base salary of the Tax Commissioner of Muscogee County shall be $26,700.00 per annum, to be paid in 12 monthly installments on the 1st day of each month. This base salary shall be increased by 5 percent for each four-year term of office served. Such increase shall be computed at the end of each period of service. All commissions, fees, costs, penalties, allowances and all other perquisites, monies or emoluments of whatever kind or character, now or hereafter allowed by law to be collected by the tax commissioner, as tax receiver, tax commissioner, automobile license tag agent, or any other function or capacity exercised as tax commissioner and tax receiver (including commissions, fees, or other charges due the tax commissioner as collecting agent for governmental bodies other than Muscogee County), shall be received and collected by the tax commissioner for the sole use of Muscogee County and shall be held as public monies belonging to Muscogee County and accounted for and paid over to Muscogee County on or before the 10th day of each month. (b) Should the salary of the tax commissioner, as provided in subsection (a), ever be less than the compensation authorized to be paid to the Sheriff of Muscogee County as computed under an Act providing minimum salaries for sheriffs, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended, the salary of the tax commissioner shall be increased by the amount necessary to equal the salary of the sheriff as computed under such Act. 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 at the January, 1980 session of the General Assembly of Georgia, a bill so as to

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change the salary of the Tax Commissioner, of Muscogee County, to establish such change to be effective as of January 1, 1981, to repeal conflicting laws and for other purposes. This the 31 day of December, 1979. /s/ Rembert C. Houser Tax Commissioner, Muscogee County Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck 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 - Enquirer which is the official organ of Muscogee County, on the following dates: January 3, 10, 17, 1980. /s/ Thomas B. Buck Representative, 95th District

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Sworn to and subscribed before me, this 22nd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. BAKER COUNTY TAX COLLECTOR PLACED ON SALARY BASIS. No. 775 (House Bill No. 1394). AN ACT To abolish the present mode of compensating the tax collector of Baker County, known as the fee system; to provide in lieu thereof an annual salary; to provide that certain fees, costs, or other emoluments of the 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 compensation for personnel; 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. The present mode of compensating the tax collector of Baker County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.

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Section 2. The tax collector of Baker County shall receive an annual salary, payable in equal monthly installments from county funds, in an amount equal to the minimum salary provided in Code Section 91A-1373 for a tax collector in a county having a population the same as that of Baker County. In addition, the tax collector shall receive those commissions allowed by an Act relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended. Section 3. Except as otherwise provided in Section 2 of this Act, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax collector shall be received, collected, and held by him as public funds belonging to Baker County. Once each month the tax collector shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax collector shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind 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. Section 4. The tax collector shall have the sole authority to employ, discharge, and fix the compensation of the employees of his office, but the board of commissioners of Baker County shall have final approval of the compensation of each such employee. The compensation of all such employees shall be paid from the funds of Baker County. Section 5. 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 Baker County to issue the call for an election for the purpose of submitting this Act to the electors of Baker County for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baker County. The ballot shall have written or printed thereon the words:

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`[] YES [] NO Shall the Act abolishing the present mode of compensating the tax collector of Baker County, known as the fee system, and providing in lieu thereof an annual salary and providing for other matters relative thereto 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 Baker County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6. For the purpose of holding the referendum as provided for in Section 5, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective on January 1, 1981, if approved in such referendum. 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 1980 session of the General Assembly of Georgia a bill to abolish the present method of compensating the tax collector of Baker County, known as the fee system, and to provide a salary for such officer; to provide for other matters relative to the foregoing; and for other purposes.

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This 27 day of December, 1979. Honorable Charles Hatcher Representative, 131st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. 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 Baker County, on the following dates: January 3, 10, 17, 1980. /s/ Charles F. Hatcher Representative, 131st District Sworn to and subscribed before me, this 23rd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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RICHMOND COUNTY REMOVAL OF SCHOOL SUPERINTENDENT. No. 777 (House Bill No. 1411). 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. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term; to change the method for removing the superintendent from office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), is hereby amended by striking Section 6 (a) of Section G thereof in its entirety and substituting in lieu thereof a new Section 6 (a) of Section G to read as follows: Section 6. Superintendent of Schools. (a) The Superintendent of schools shall be appointed by the Board of Education for a four year term, and may be removed by it, provided that he shall first be served with a clear statement in writing of the cause of his removal and be given an opportunity to be heard thereon at a public meeting of said Board and to be held not less than ten nor more than twenty days after the service of such statement. He shall be entitled to be represented by counsel at such hearing, and upon his request, witnesses whose testimony is pertinent to the charges against him shall be subpoenaed by the president or vice president of the Board. After such hearing, the Board's decision, upon a vote of ten (10) of the members of the Board to remove the superintendent, shall be final except that in the event of physical or mental incapacity of the

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superintendent of schools, then a majority shall be authorized to act. If the superintendent requests, the hearing and all deliberations shall be held in private. Section 2. This Act shall become effective on the first 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 1980 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. Laws 1872, P. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term; to change the method for removing the superintendent from office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other similar purposes. This 28th day of December, 1979. Leonard O. Fletcher, Jr., Attorney for County Board of Education of Richmond County Georgia, Richmond County.

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Personally appeared before me, the undersigned authority duly authorized to administer oaths, William S. Morris, III, who, on oath, deposes and says that he is the Publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, official newspaper published at Augusta, in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the following dates: January 2, 9 and 16, 1980. As provided by law. /s/ William S. Morris, III Publisher Sworn to and subscribed before me, this 18th day of January, 1980. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal). Approved March 18, 1980. McDUFFIE COUNTY COMPENSATION OF BOARD OF COMMISSIONERS. No. 778 (House Bill No. 1456). AN ACT To amend an Act creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, particularly by an Act approved

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April 11, 1979 (Ga. Laws 1979, p. 3998), so as to change the provisions relating to the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3998), is hereby amended by striking from Section 7 the following: twelve hundred ($1,200.00) dollars, and inserting in lieu thereof the following: twenty-four hundred ($2,400.00) dollars, and by striking the following: two hundred ($200.00) dollars, and inserting in lieu thereof the following: five hundred ($500.00) dollars, so that when so amended said section shall 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 two thousand four hundred ($2,400.00) 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 salary, an expense allowance of five hundred ($500.00) dollars per annum.

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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 at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, so as to change the compensation of the members (excluding the chairman); and for other purposes. This 7th day of January, 1980. 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 10, 17, 24, 1980.

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/s/ Warren D. Evans Representative, 84th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. McDUFFIE COUNTY COMPENSATION OF CORONER. No. 779 (House Bill No. 1457). AN ACT To amend an Act placing certain county officers in McDuffie County on a salary basis, approved March 9, 1959 (Ga. Laws 1959, p. 2568), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2176), so as to change the provisions relating to the compensation of the coroner 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 certain county officers in McDuffie County on a salary basis, approved March 9, 1959 (Ga. Laws 1959, p. 2568), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2176), is hereby amended by striking from Section 5A the following:

Page 3263

six hundred ($600.00) dollars, and inserting in lieu thereof the following: twelve hundred ($1,200.00) dollars, so that when so amended said section shall read as follows: Section 5A. The coroner of McDuffie County shall receive an annual salary of twelve hundred ($1,200.00) dollars per year. 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 at the regular 1980 session of the General Assembly of Georgia, a bill to change the compensation of the coroner of McDuffie County; and for other purposes. This 7th day of January, 1980. Warren D. Evans Representative, 84th District William S. Jackson Representative, 77th District Sam P. McGill Senator 24th District

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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 10, 117, 24, 1980. /s/ Warren D. Evans Representative, 84th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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COBB COUNTY-MARIETTA WATER AUTHORITY BONDS. No. 780 (House Bill No. 1476). AN ACT To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. Laws 1951, p. 497), as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3052), an Act approved March 27, 1965 (Ga. Laws 1965, p. 2762), an Act approved February 24, 1967 (Ga. Laws 1967, p. 2051), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3533), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3485), so as to increase the limitation on the amount of bonds the authority may have outstanding at any one time; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. Laws 1951, p. 497), as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3052), an Act approved March 27, 1965 (Ga. Laws 1965, p. 2762), an Act approved February 24, 1967 (Ga. Laws 1967, p. 2051), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3533), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3485), is hereby amended by striking from Section 5 the following sentence: The Authority, or any authority or body which had 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 in a sum not to exceed forty million dollars ($40,000,000.00) outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects., and substituting in lieu thereof a new sentence to read as follows: The authority, or any authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is

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hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed $80 million outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects., so that when so amended Section 5 shall read as follows: Section 5. Revenue bonds. The authority, or any authority or body which had 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 in a sum not to exceed $80 million outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by the Revenue Bond Law as now provided or may hereinafter be provided by amendment thereto, payable semiannually, 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. 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 1980 session of the General Assembly of Georgia, a bill to amend an act known as the Cobb-County-Marietta Water Authority Act, approved February 21, 1951, (Ga. L. 1951, p. 497) as heretofore amended; and for other purposes.

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This 4th day of Jan., 1980. 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, 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: Jan. 4, 11 and 18, 1980. /s/ Max D. Kaley Representative, 19th District

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Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 7, 1980. (Seal). Approved March 18, 1980. STATE COURT OF LAURENS COUNTY ABOLISHED. No. 781 (House Bill No. 1482). AN ACT To repeal 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 November 29, 1901 (Ga. Laws 1901, p. 124), an Act approved August 4, 1904 (Ga. Laws 1904, p. 140), an Act approved August 23, 1905 (Ga. Laws 1905, p. 209), an Act approved August 21, 1906 (Ga. Laws 1906, p. 228), an Act approved July 28, 1908 (Ga. Laws 1908, p. 140), an Act approved August 10, 1909 (Ga. Laws 1909, p. 220), an Act approved August 16, 1912 (Ga. Laws 1912, p. 194), an Act approved August 18, 1913 (Ga. Laws 1913, p. 186), an Act approved August 17, 1917 (Ga. Laws 1917, p. 239), an Act approved August 3, 1920 (Ga. Laws 1920, p. 325), an Act approved July 22, 1925 (Ga. Laws 1925, p. 430), an Act approved February 10, 1939 (Ga. Laws 1939, p. 460), an Act approved March 12, 1941 (Ga. Laws 1941, p. 645), an Act approved January 31, 1946 (Ga. Laws 1946, p. 284), an Act approved February 21, 1951 (Ga. Laws 1951, p. 3151), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2344), an Act

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approved February 13, 1952 (Ga. Laws 1952, p. 2484), an Act approved February 16, 1953 (Ga. Laws 1953, p. 2248), an Act approved March 6, 1956 (Ga. Laws 1956, p. 2870), an Act approved March 6, 1956 (Ga. Laws 1956, p. 3028), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2963), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2503), an Act approved February 5, 1968 (Ga. Laws 1968, p. 2019), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4447), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2809), and an Act approved March 2, 1979 (Ga. Laws 1979, p. 3065); to provide an effective date; to provide conditions upon the Act's becoming effective; 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 November 29, 1901 (Ga. Laws 1901, p. 124), an Act approved August 4, 1904 (Ga. Laws 1904, p. 140), an Act approved August 23, 1905 (Ga. Laws 1905, p. 209), an Act approved August 21, 1906 (Ga. Laws 1906, p. 228), an Act approved July 28, 1908 (Ga. Laws 1908, p. 140), an Act approved August 10, 1909 (Ga. Laws 1909, p. 220), an Act approved August 16, 1912 (Ga. Laws 1912, p. 194), an Act approved August 18, 1913 (Ga. Laws 1913, p. 186), an Act approved August 17, 1917 (Ga. Laws 1917, p. 239), an Act approved August 3, 1920 (Ga. Laws 1920, p. 325), an Act approved July 22, 1925 (Ga. Laws 1925, p. 430), an Act approved February 10, 1939 (Ga. Laws 1939, p. 460), an Act approved March 12, 1941 (Ga. Laws 1941, p. 645), an Act approved January 31, 1946 (Ga. Laws 1946, p. 284), an Act approved February 21, 1951 (Ga. Laws 1951, p. 3151), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2344), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2484), an Act approved February 16, 1953 (Ga. Laws 1953, p. 2248), an Act approved March 6, 1956 (Ga. Laws 1956, p. 2870), an Act approved March 6, 1956 (Ga. Laws 1956, p. 3028), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2963), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2503), an Act approved February 5, 1968 (Ga. Laws 1968, p. 2019), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4447), an Act

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approved March 4, 1977 (Ga. Laws 1977, p. 2809), and an Act approved March 2, 1979 (Ga. Laws 1979, p. 3065), is hereby repealed in its entirety. Section 2. This Act shall become effective January 1, 1981, but only if, prior to January 1, 1981, a second judge of the superior courts for the Dublin Judicial Circuit is authorized 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 in the 1980 regular session of the General Assembly of Georgia, a bill to repeal an Act which created the City Court of Dublin (Ga. Law 1900, p. 117, as amended) in its entirety upon the establishment of a second superior Court for the Dublin Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Leon Green County Attorney Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to repeal an Act which created the City Court of Dublin (Ga. Law 1900, p. 117, as amended) in its entirety upon the establishment of a second Superior Court for the Dublin Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Leon Green County Attorney

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Georgia, Laurens County. This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 9, 16, and 23, 1980. Certified this the 24th day of January, 1980. /s/ Dahlia Wren, Editor and Publisher Laurens County News Sworn to and subscribed before me this 24th day of January, 1980. /s/ Donald W. Gillis Notary Public Georgia, State at Large. My Commission expires Aug. 15, 1982. (Seal). Approved March 18, 1980.

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DECATUR COUNTY BOARD OF EDUCATION RESIDENCY REQUIREMENTS, REFERENDUM. No. 782 (House Bill No. 1486). AN ACT To amend an Act increasing the membership of the board of education of Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2649), so as to change certain residency requirements of the members of the board of education; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act increasing the membership of the board of education of Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2649), is hereby amended by striking in their entirety Sections 1 and 2 thereof and inserting in lieu thereof the following: Section 1. The board of education of Decatur County shall be composed of seven members appointed by the Decatur County Grand Jury. Those persons serving as members of the board on the effective date of this section shall serve out their respective terms of office, and thereafter all subsequent appointments shall be for a term of office of five years and until the respective successors of such members are appointed and qualified. The members of the board of education of Decatur County shall reside within the Decatur County School District and no more than two of such members may reside within the same militia district. Section 2. Not less than 15 and not more than 270 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 Decatur County to issue the call for an election for the purpose of submitting this Act to the electors of Decatur County for approval or rejection. The superintendent shall set the date of such election for 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

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of Decatur County. The ballot shall have written or printed thereon the words: `[] YES [] NO Shall the Act providing that no more than two members of the board of education of Decatur County may reside within the same militia district be approved?' All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Decatur County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 1980 session of the General Assembly a bill to amend an Act changing the membership of the Board of Education of Decatur County, approved March 30, 1971 Georgia Laws 1971 Page 2649; to provide for a referendum; and for other purposes. /s/ Walter E. Cox State Representative, 141st District

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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 12, 19, 26, 1980. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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CHEROKEE COUNTY BOARD OF EDUCATION ELECTIONS, ETC., REFERENDUM. No. 783 (House Bill No. 1490). AN ACT To amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. Laws 1973, p. 3207), so as to change the method of electing members of the Board of Education of Cherokee County; to change the terms of office of certain members; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. Laws 1973, p. 3207), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The present members of the Board of Education of Cherokee County shall serve until the expiration of their respective terms of office as provided in this Act. The members of the Board of Education representing Posts 1, 3, 5, and 6 shall serve until December 31, 1982. The members of the Board representing Posts 2, 4, and 7 shall serve until December 31, 1984. As their terms of office expire, their successors shall be elected as provided in this Act. In order for a candidate to be eligible for election to the Board, he must be a resident of the school district which corresponds by number to that post on the Board for which he offers as a candidate. 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. In 1982 and every four years thereafter, successors to those members occupying Posts 1, 3, 5, and 6 shall be elected. In 1984 and every four years thereafter, successors to those members occupying Posts 2, 4, and 7 shall be elected.

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Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Cherokee County to issue the call for an election for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The superintendent shall set the date of such election for the second Tuesday in August, 1980. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: []YES []NO Shall the Act changing the method of electing members of the Board of Education of Cherokee County and changing the term of office of certain members 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 Cherokee County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. This Act shall become effective January 1, 1981, except the provisions of Section 2 which shall become effective upon approval of this Act 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 1980 session of the General Assembly of Georgia a bill to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. Laws 1973, p. 3207), so as to change the method of electing members of the Board of Education of Cherokee County; to change the terms of office of certain members; to provide an effective date; and for other purposes. This 3rd day of January, 1980. /s/ Wendell T. Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 9, 16, 23, 1980. /s/ Wendell T. Anderson Representative, 8th District

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Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CHEROKEE COUNTY COMPENSATION OF COUNTY COMMISSIONER. No. 784 (House Bill No. 1491). AN ACT To amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved February 7, 1978 (Ga. Laws 1978, p. 3029), so as to change the compensation of the commissioner of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved February 7, 1978 (Ga. Laws 1978, p. 3029), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

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Section 5. Compensation of commissioner. The commissioner shall be compensated in the amount of $19,000.00 per annum in the calendar year 1980; $21,500.00 per annum in the calendar year 1981; and $24,000.00 per annum in the calendar year 1982 and each year thereafter. The commissioner shall be paid in equal monthly installments from the funds of Cherokee County. The county shall furnish the commissioner with an appropriate automobile to be used by him in carrying out the official duties of his office. The cost of such automobile and the replacement cost thereof from time to time, as well as the costs necessary to maintain and operate such automobile, shall be paid from the funds of Cherokee County. The commissioner shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Cherokee County. The salary and expenses provided for herein shall constitute the entire compensation from all sources to which the commissioner shall be entitled to be paid from county funds. The commissioner shall devote his full time to the duties of his office. Section 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved February 7, 1978 (Ga. Laws 1978, p. 3029), so as to change the compensation of the commissioner to the commissioner of Cherokee County for attendance at meetings of boards and authorities on which he is required to serve; and for other purposes. This 3rd day of January, 1980.

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/s/ Wendell T. Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 9, 16, 23, 1980. /s/ Wendell T. Anderson Representative, 8th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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CITY OF HOLLY SPRINGS NEW CHARTER. No. 785 (House Bill No. 1492). AN ACT To provide a new charter for the City of Holly Springs in the County of Cherokee; 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 penalties; to provide for other matters relative to the foregoing; 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, CORPORATION, POWERS Section 1.01. City of Holly Springs. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style of Holly Springs, Georgia, and by that name shall have perpetual succession. Section 1.02. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the City of Holly Springs, Georgia. Photographic, typed, or other copies of such map or description certified by the clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.

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Section 1.03 . 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 1.04 . Examples of power. (a) The corporate powers of this city may include but are not limited to the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and collect such other taxes as may be allowed now or in the future by state law; (3) To levy and to provide for the collection of license fees and taxes on privileges, occupations, businesses, 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) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia and to provide for the payment of expenses of the city; (5) 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) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;

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(7) 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) 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 Code Section 36-202 or under other applicable laws which may be enacted; (9) 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, cable television, 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) To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations, standards, and conditions applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission; (11) 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 to 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) 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,

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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 Code Section 36-202 or under other applicable laws which 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 the construction and erection of buildings and all other structures; (15) To provide such comprehensive city planning for development by zoning, subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) To provide for the prevention and punishment of drunkness, riots, and public disturbances; (17) To regulate or prohibit junk dealers and 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) 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

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or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (23) To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the

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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 change the same from time to time, and to levy such fees on the users connecting with the sewerage system; (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 city's court shall work out such sentences in any public works or on the streets, roads, drains, and squares in the city; or to provide for 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 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) 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) 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;

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(33) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be 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 provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) 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) To organize and operate an urban redevelopment program; (40) To organize and operate such public transportation systems as are deemed beneficial; (41) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (42) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully

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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. (b) 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 1.05 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.01 . City council creation; composition; number; election. Except as otherwise specifically provided in this charter, the legislative authority of the government of this city 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 2.02 . City council terms and qualifications for office. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city one year immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of this city. Section 2.03 . Vacancy; filling of vacancies. (a) The 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.

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(b) A 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 2.04 . Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05 . 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 council member shall vote upon any question in which he is personally interested. Section 2.06 . Inquiries and investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose 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 2.07 . General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Holly Springs 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 wellbeing of the inhabitants of the City of Holly Springs 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

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may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.08. Chief executive officer. The mayor shall be the chief executive of the City of Holly Springs. 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 2.09. Duties of mayor. As the chief executive officer of the City of Holly Springs, the mayor shall: (1) Preside at all meetings of the city council; (2) Be the official head of the city for the service of process and for ceremonial purposes; (3) Have power to administer oaths and to take affidavits; (4) 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; (5) See that all laws and ordinances of the city are faithfully executed; (6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) Call special meetings of the council as provided for in Section 2.12 of this charter; (9) Examine and audit all accounts of the city before payment;

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(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) 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's or officer's capability shall be decided by the council; (12) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (13) Break a tie vote of the council members; (14) Perform other duties as may be required by law, this charter, or ordinance. Section 2.10. Mayor pro tem. During the absence or disability of the mayor for any cause, the mayor pro tem. or, in his absence or disability for any cause, one of the council members chosen by the council shall be clothed with all the rights and privileges of the mayor so long as such absence or disability shall continue. Section 2.11. Organization meeting. The city council shall meet for organization on the regular council meeting date. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected member as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of mayor/councilman of this city and that I will support and defend the charter and ordinances thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.12. 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 council may be held on call of the mayor or, in his absence, the mayor pro tem. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance

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of the meeting. Such notice shall not be required if the mayor and all council members 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 city council shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible. Section 2.13. 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 2.14. Quorum; voting. A majority of all the members elected 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 a majority of the entire council shall be required for the adoption of any ordinance, resolution, or contract except as otherwise provided in this charter. Section 2.15. 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 Holly Springs 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.

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Section 2.16. 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 2.17. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or mayor pro tem. and promptly adopt an emergency ordinance; but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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 2.18. Code of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.19. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.19. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his signature and

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record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such code 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 Holly Springs, 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. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.01. Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it 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.

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(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.02. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council.

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(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or general state law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.03. City attorney. The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.04. City clerk. The mayor and city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.

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Section 3.05. Tax collector. The mayor and city council shall appoint a tax collector to collect all taxes, licenses, fees, and other moneys 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 3.06. City accountant. The mayor and city council shall appoint a city accountant to perform the duties of an accountant. Section 3.07. 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 3.08. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.09. Position classification and pay plan. The mayor and city council shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.10. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;

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(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.01. Recorder's court; creation. There is hereby established a court to be known as Recorder's Court of the City of Holly Springs 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 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 4.02. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years and shall 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.

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(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 4.03. 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 4.04. Jurisdiction; powers. (a) The recorder's court shall try and punish for crimes against the City of Holly Springs 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 $30.00 or five days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 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 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 forfeited on order of the recorder to the City of Holly Springs or the property so deposited shall have a lien against it for the value forfeited, which

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lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Holly Springs 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 4.05. Appeal. The right of appeal from the recorder's court to the superior court shall be by certiorari as provided by law. Section 4.06. Rules for court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may 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 48 hours prior to said proceedings.

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ARTICLE V ELECTIONS Section 5.01. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the provisions of Code Title 34A, known as the Georgia Municipal Election Code, as the same now exists or may hereafter be amended. Section 5.02. Regular elections. (a) The regular municipal elections for the City of Holly Springs shall be held annually on the first Saturday in December. A mayor and three councilmen shall be elected for two-year terms at the election in each even-numbered year, and two councilmen shall be elected for two-year terms at the election in each odd-numbered year. (b) On Saturday, December 6, 1980, the initial election under this charter shall be conducted. At said election a mayor and three councilmen shall be elected for terms of two years and until their successors are elected and qualified. The mayor and three councilmen elected at said election shall be successors to the mayor and three councilmen elected under the former charter of the City of Holly Springs whose terms of office are then expiring. The other two councilmen elected under the former charter shall serve through 1981 at which time their terms of office shall expire and their successors shall be elected and qualified as provided in this charter. Section 5.03. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects the special election shall be held and conducted in accordance with the provisions of Code Title 34A, known as the Georgia Municipal Election Code, as the same now exists or may hereafter be amended. Section 5.04. Other provisions. Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and

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duties under the provisions of Code Title 34A, known as the Georgia Municipal Election Code, as the same now exists or may hereafter be amended. Section 5.05. Grounds and procedure for removal of elected officers. The council may by ordinance set forth the grounds and procedure for the removal of elected officials of the City of Holly Springs. ARTICLE VI FINANCE AND FISCAL Section 6.01. 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, 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 6.02. 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 6.03. 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 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 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 6.09. Section 6.04. Licenses, 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 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 6.09. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.05. Franchises. The city 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 city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city. All franchises granted by the city shall be recorded and maintained in a registration book by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.06. 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 6.09. Section 6.07. 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 6.09.

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Section 6.08. 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 6.09. 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 6.01 through 6.08 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. fa.'s, 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. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law.

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Section 6.14. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content, and form of such budgets and programs. Section 6.15. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.16. 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 6.17. Centralized purchasing. The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Holly Springs. Section 6.18. Sale of city property. (a) The council may sell and convey any real or personal property owned or held by the City of Holly Springs 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. (b) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever a small parcel or tract of land is cut off or separated from a larger tract or boundary of land owned by the city in connection with the extending or widening of any street, avenue, alley, or public place in 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

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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 7.01. 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 in accordance with the provisions of Code Title 36, relating to eminent domain, subject to such amendments as shall be enacted or any other Georgia law applicable now or provided in the future. Section 7.02. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by state law. Section 7.03. Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended. Existing rules and regulations of departments or agencies of the city not inconsistent with the provisions of this charter shall also remain in effect until they have been repealed or amended. Section 7.04. 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.

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Section 7.05. 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 city council. Section 7.06. 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 $1,000.00 or by imprisonment not to exceed 12 months or with such fine and imprisonment. Section 7.07. 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 7.08. 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. ARTICLE VIII REPEALERS Section 8.01. Specific repealer. An Act incorporating the City of Holly Springs in the County of Cherokee, approved August 14, 1906 (Ga. Laws 1906, p. 819), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

Page 3308

Section 8.02. 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 1980 session of the General Assembly of Georgia a bill to create a new charter for the City of Holly Springs, Georgia; to provide for all matters relative thereto; and for other purposes. This 3rd day of January, 1980. Wendell T. Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 9, 16, 23, 1980. /s/ Wendell T. Anderson Representative, 8th District

Page 3309

Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. STATE COURT OF FULTON COUNTY COSTS. No. 786 (House Bill No. 1501). AN ACT To amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4651), so as to change the cost deposit requirements and the cost charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a municipal court of the City of Atlanta (now the State Court of Fulton County), approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4651), is further amended by striking Section 44 in its entirety and inserting in lieu thereof a new Section 44 which shall read as follows:

Page 3310

Section 44. Each person filing a suit or proceeding of any character shall deposit with the clerk of said court at the time of filing or commencing such proceeding the total cost of such proceedings as prescribed in Section 49 of this Act; provided, however, that such aforesaid deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same. The aforesaid deposit shall be a security deposit to insure the payment of the court cost of such proceeding. If the court cost is recovered from the losing party, the aforesaid deposit shall be refunded to the party making the deposit. And, upon the tenth day of each succeeding month the Board of Commissioners of Fulton County shall pay over to the publisher of the newspaper which publishes legal notices for the sheriff of Fulton County a publication subsidy in the sum of $350.00 per week for each week in which the said newspaper publishes the calendar of the said court during the preceding month as compensation for the printing and publication of the said calendars. Section 2. Said Act is further amended by striking therefrom Section 49 in its entirety and inserting in lieu thereof a new Section 49 which shall read as follows: Section 49. (a) Except as hereinafter provided, the total cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and proceeding against tenant holding over, irrespective of how they shall be terminated shall be $14.00 plus $5.00 for each defendant more than one, provided, however, where the principal amount involved is $300.00, or more, the cost shall be $19.00 plus $5.00 for each defendant more than one. (b) The total cost, except as hereinafter provided, for a garnishment proceeding irrespective of how it shall be terminated, shall be $14.00 plus $5.00 for each summons more than one; provided, however, where the principal amount involved is $300.00, or more, the cost shall be $19.00 plus $5.00 for each summons more than one. (c) The total cost, except as hereinafter provided, for a proceeding against tenant holding over, irrespective of how it shall be terminated, shall be $14.00 plus $5.00 for each defendant more than one.

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(d) In addition to the foregoing costs, the clerk of said court shall charge and collect as follows: A. COST IN CIVIL PROCEEDING: (1) For issuing writ in proceeding against tenant holding over $ 1.00 (2) For issuing scire facias each defendant including service 5.00 (3) For each judgment more than one and docketing same 3.00 (4) For affidavit to obtain alias fi. fa. .50 (5) For filing and docketing each appeal to the appellate division, including filing all briefs 3.00 (6) For entering judgment or remittitur from Court of Appeals or Supreme Court 3.00 (7) For exemplification of records, per hundred words .30 (8) For certificate and seal of court 1.00 (9) For certified copy under Code Section 38-627 2.50 (10) For filing and docketing each traverse to answer of garnishment, including service 5.00 Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing.

Page 3312

B. COSTS IN CRIMINAL CASES: (1) For each warrant including affidavit $ 2.50 (2) For docketing each warrant .75 (3) For arrest 8.00 (4) For return of officer 1.00 (5) For keeping prisoner per diem 15.00 (6) For taking bond 6.00 (7) For order of commitment or discharge or dismissal 1.00 (8) For issuing commitment .75 (9) For entering any order 1.00 (10) For docketing any order .75 (11) For motion to withdraw or dismiss warrant 1.00 (12) For docketing same .75 (13) For certified copy under Code Section 38-627 2.50 C. COSTS FOR MARSHAL'S OFFICE: (1) For each search and return of nulla bona $ 4.00 (2) For each arrest in civil cases 5.00 (3) For each levy or seizure on personal property, except foreclosures and trovers under $300.00 5.00 $300.00 and over 10.00 (4) For each levy and sale on foreclosure under $300.00 5.00 $300.00 and over 10.00 (5) For taking and approving bond in civil cases 5.00 (6) For settling fi. fa. or attachment before levy or sale: Under $300.00 5.00 $300.00 and over 10.00 (7) For backing fi. fa. or writ from another court 5.00 (8) For marshal's deed or bill of sale 5.00 (9) For serving subpoenas, motions, orders and certified copies from other courts 10.00 (10) For serving second originals 10.00 (11) For serving second and third party complaints 10.00 (12) For commission on sale of personal property: Up to $ 1,000.00 7% Over $ 1,000.00 5% (13) For commission on sale of real estate property: Up to $ 100.00 10% Over $ 100.00 2% (14) For removing and/or storing property and keeping and feeding animals - the actual expense incurred after authorization by the court.

Page 3314

Section 3. This Act shall become effective May 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 1980 session of the General Assembly of Georgia a bill to amend an act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913, (Ga. L. 1913, p. 145); and for other purposes. This 10th day of January, 1980. John Tye Ferguson Associate County Attorney Fulton County

Page 3315

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney J. Marcus who, on oath, deposes and says that he/she is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 11, 18, 25, 1980. /s/ Sidney J. Marcus Representative, 26th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3316

CLINCH COUNTY TAX COMMISSIONER'S SALARY. No. 787 (House Bill No. 1504). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County, approved April 10, 1971 (Ga. Laws 1971, p. 3759), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3466), so as to authorize the board of commissioners of Clinch County to fix the salary of the tax commissioner within certain limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County, approved April 10, 1971 (Ga. Laws 1971, p. 3759), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3466), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The tax commissioner shall receive an annual salary of not less than $10,800.00 and not more than $15,000.00, the exact amount to be determined by a majority vote of the board of commissioners of Clinch County. Said salary shall be paid monthly out of 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 1980 General Assembly of Georgia a bill to increase the salary of the Chairman of the Clinch County Board of Commissioners of Roads and Revenues; a bill to increase the salary of the Tax Commissioner of Clinch County; and a bill to increase the salaries of the

Page 3317

members of the Clinch County Board of Commissioners of Roads and Revenue effective with the new term of office; to repeal conflicting laws and for other purposes. This the 4th day of January, 1980. Tom Crosby Representative, 150th District Georgia, Clinch County. Personally appeared before the undersigned official, duly authorized to administer oaths, Iverson H. Huxford who, under oath, deposes and states that the Clinch County News is the official publication organ of Clinch County, Georgia, that he is publisher and owner of same, and that the below Notice of Intention to Introduce Local Legislation was duly published in said publication the issues of January 3, 10, and 17, 1980. /s/Iverson H. Huxford,(L.S.) Sworn to and subscribed before me, this 22nd day of January, 1980. /s/ Beulah Nettles Notary Public, Georgia State at Large. (Seal). Approved March 18, 1980.

Page 3318

CLINCH COUNTY COMPENSATION OF BOARD OF COMMISSIONERS. No. 788 (House Bill No. 1505). AN ACT To amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3460), so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman of the board; to change the salaries of the other members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3460), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. (a) The chairman of the board shall receive an annual salary of not less than $10,800.00 and not more than $15,000.00, the exact amount to be determined by a majority vote of the board of commissioners of Clinch County. Action affecting the salary of the chairman of the board shall be advertised in the legal organ of Clinch County prior to any consideration or vote by the board of commissioners of Clinch County. Changes in the salary of the chairman shall become effective immediately after being properly advertised and voted upon by a majority of the board of commissioners of Clinch County. Provided, however, that if the chairman does not devote his entire time to the discharge of his duties as chairman of the board, then he shall receive only the salary provided herein for other members of the board. (b) The other members of the board shall each receive an annual salary of not less than $1,200.00 and not more than $2,400.00, the exact amount to be determined by a majority vote of the board of commissioners.

Page 3319

(c) All salaries shall be paid monthly out of the general funds of the county. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except the provisions of subsection (b) of quoted Section 9 of Section 1 which shall become effective 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 at the regular 1980 General Assembly of Georgia a bill to increase the salary of the Chairman of the Clinch County Board of Commissioners of Roads and Revenues; a bill to increase the salary of the Tax Commissioner of Clinch County; and a bill to increase the salaries of the members of the Clinch County Board of Commissioners of Roads and Revenue effective with the new term of office; to repeal conflicting laws and for other purposes. This the 4th day of January, 1980. Tom Crosby Representative, 150th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby 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

Page 3320

official organ of Clinch County, on the following dates: January 3, 10, 17, 1980. /s/ Tom Crosby Representative, 150th District Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. STATE COURT OF LAURENS COUNTY SALARIES OF JUDGE AND SOLICITOR. No. 789 (House Bill No. 1511). AN ACT To amend an Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2473), and as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), and as amended particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2809), so as to change the provisions relative to the compensation of the judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3321

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2473), and as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), and as amended particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2809), is hereby amended by striking from Section 2A the following: $13,000.00, and inserting in lieu thereof the following: $14,300.00, and by striking from said section the following: 11,000.00, and inserting in lieu thereof the following: $12,100.00, so that Section 2A shall read as follows: Section 2A. The Judge of the State Court of Laurens County shall receive an annual salary of $14,300.00 and the Solicitor of said Court shall receive an annual salary of $12,100.00. Said salaries shall be paid in equal monthly installments from the funds of Laurens County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3322

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Judge of the State Court of Laurens County, and the Solicitor of the State Court of Laurens County, to provide an effective date, and for other purposes. Leon Green County Attorney Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Judge of the State Court of Laurens County, and the Solicitor of the State Court of Laurens County, to provide an effective date, and for other purposes. Leon Green County Attorney Georgia, Laurens County. This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 9, 16, and 23, 1980. Certified this the 24th day of January, 1980.

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/s/ Dahlia Wren, Editor and Publisher Laurens County News Sworn to and subscribed before me, this 24th day of January, 1980. /s/ Donald W. Gillis Notary Public, Georgia State at Large. My Commission Expires August 15, 1982. (Seal). Approved March 18, 1980. CITY OF LaGRANGE ELECTIONS. No. 790 (House Bill No. 1514). AN ACT To amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, so as to make the provisions thereof pertaining to elections conform to the provisions of the Georgia Municipal Election Code; to provide for elections in odd-numbered years; to authorize the governing authority of the city to maintain voter registration lists or to adopt the county voter registration list; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, is hereby amended by striking

Page 3324

Section 6.01 in its entirety and inserting in lieu thereof a new Section 6.01 to read as follows: Section 6.01Regular Election; Time for Holding. The regular election for mayor and councilmen shall be held on the first Wednesday in December of each odd-numbered year. The election for the mayor and three councilmen whose terms expire shall be held in December of 1981 and the election for the remaining three councilmen whose terms expire shall be held in December of 1983. Officials elected at any such regular election shall take office at the first regular meeting of the mayor and council held in January next following such elections. Section 2. Said Act is further amended by striking Section 6.02 in its entirety and inserting in lieu thereof a new Section 6.02 to read as follows: Section 6.02Qualification of Electors. Any resident of the City of LaGrange who meets the qualifications contained in the Georgia Municipal Election Code, as the same now exists or may hereafter be amended, shall be eligible to register and vote in any municipal election held in the City of LaGrange. Section 3. Said Act is further amended by striking Section 6.03 in its entirety and inserting in lieu thereof a new Section 6.03 to read as follows: Section 6.03Nomination of Candidates. Each candidate for the office of mayor or councilman, prior to having his or her name placed on the ballot for any regular or special election, shall be nominated for such post as follows: (a) In a municipal primary election conducted by a political party registered with and authorized to hold a primary election in the city. Every such primary election shall be held and conducted in accordance with the Georgia Municipal Election Code and pursuant to the rules and regulations of the party consistent with the provisions of this charter and the Georgia Municipal Election Code. The expenses of such primary shall be borne by the political party holding and conducting such primary; or

Page 3325

(b) In a nominating petition signed by not less than five (5) percent of the registered voters in the City of LaGrange filed with the clerk-treasurer of the city at least thirty (30) days prior to the date of any regular municipal election and fifteen (15) days prior to any special election. Any such nominating petition shall be in the form and shall be filed in the manner prescribed by ordinance; or (c) In a notice of write-in candidacy as provided by Article II, Section III, Paragraph III of the Constitution of the State of Georgia and by the Georgia Municipal Election Code; and (d) By filing a notice of candidacy required by and otherwise complying with the provisions of the Georgia Municipal Election Code and by designating the specific office to which such candidate seeks election. Section 4. Said Act is further amended by striking Section 6.04 in its entirety and inserting in lieu thereof a new Section 6.04 to read as follows: Section 6.04Duties of Governing Authority. The mayor and council of LaGrange, as the governing authority, shall exercise all the powers and perform all of the duties imposed upon it by the Georgia Municipal Election Code. Section 5. Said Act is further amended by striking Section 6.05 in its entirety and inserting in lieu thereof a new Section 6.05 to read as follows: Section 6.05Conduct of Election. All general or special elections or primaries conducted in the city shall be held and conducted in compliance with and pursuant to the provisions of the Georgia Municipal Election Code. Section 6. Said Act is further amended by striking in its entirety Section 6.06, which reads as follows: Section 6.06Time of ElectionsBallots. The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot.

Page 3326

Section 7. Said Act is further amended by striking in its entirety Section 6.07, which reads as follows: Section 6.07Place of Elections. The place for holding elections shall be prescribed by the mayor and council in the election notice. Section 8. Said Act is further amended by striking Section 6.08 in its entirety and inserting in lieu thereof a new Section 6.08 to read as follows: Section 6.08Voter Registration Lists, Elections. In accordance with the provisions of the Georgia Municipal Election Code, the mayor and council may by ordinance elect either to maintain its own voter registration or to use the Troup County voter registration list, thereby providing that any person who is a resident of the city and who is registered as an elector with the board of registrars of Troup County shall be eligible to vote in a municipal primary or election. The qualification of any person seeking to vote in a municipal primary or election shall be determined by the appropriate provisions of the Georgia Municipal Election Code and the Constitution of the State of Georgia. Section 9. Said Act is further amended by striking in its entirety Section 6.09, which reads as follows: Section 6.09Board of Registrars. The mayor and council may create a board of registrars if deemed desirable, and delegate to and place upon said board of registrars any and all of the duties herein imposed or they may place any and all of said duties upon any employees, official or officials of said city as they may designate. Section 10. Said Act is further amended by striking in its entirety Section 6.10, which reads as follows: Section 6.10Challenge.Any candidate or duly authorized representative election manager, may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: `I (name) do solemnly swear that I meet the requirements of an elector for members of the General Assembly of Georgia, that I have been a bona fide resident in the City of

Page 3327

LaGrange for at least six months preceding this election, and that I have not previously voted in this election. So help me God.' This oath shall be subscribed on the voters' list opposite the name of the challenged elector, and the word `challenge' and stub number for the ballot shall be entered thereon. Section 11. Said Act is further amended by striking in its entirety Section 6.11, which reads as follows: Section 6.11Write-In Votes. No person elected on a write-in vote shall be eligible to hold the office of mayor or councilman unless notice of his intention of candidacy was given at least 5 days prior to the election by the person to be a write-in candidate. Said notice of intention to be a write-in candidate for the office of mayor or of councilman shall be served upon the city clerk of the City of LaGrange and published in one or more newspapers of general circulation within the City of LaGrange. Section 12. Said Act is further amended by striking Section 6.12 in its entirety and inserting in lieu thereof a new Section 6.12 to read as follows: Section 6.12Absentee Voting. Voting by absentee ballot in all general or special municipal elections or primaries shall be in accordance with the absentee voting provisions of the Georgia Municipal Election Code. Section 13. Said Act is further amended by striking Section 6.13 in its entirety and inserting in lieu thereof a new Section 6.13 to read as follows: Section 6.13Majority of Vote Required for Election. No candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or for election to such public office. Section 14. Said Act is further amended by striking Section 6.14 in its entirety and inserting in lieu thereof a new Section 6.14 to read as follows:

Page 3328

Section 6.14Run-off Elections. In the event no candidate shall receive a majority of the votes cast, a run-off primary or election shall be held on the fourteenth (14th) day after the day of holding the first primary or election and only electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom. Section 15. Said Act is further amended by striking Section 6.15 in its entirety and inserting in lieu thereof a new Section 6.15 to read as follows: Section 6.15Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and the Georgia Municipal Election Code as are deemed necessary for the conduct of elections. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a Bill to amend an Act creating a new charter for the City of LaGrange approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended; and for other purposes. This 9th day of January 1980. J. G. Newman Mayor, City of LaGrange Georgia, Troup County.

Page 3329

Personally before the undersigned officer authorized to administer oaths appeared Glen O. Long who, on oath, deposes and says that he is the Publisher of the LaGrange Daily News which is the official organ of Troup County, Georgia, and that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News on January 11, 18, and 25, 1980. /s/ Glen O. Long, Publisher LaGrange Daily News Sworn to and subscribed before me, on this the 25th day of January, 1980. /s/ James R. Lewis Notary Public, Troup County, Georgia. My Commission Expires Sept. 12, 1980. (Seal). Approved March 18, 1980. RABUN COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT. No. 791 (House Bill No. 1515). AN ACT To amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. Laws 1964, p. 2241), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2629), so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3330

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. Laws 1964, p. 2241), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2629), is hereby amended by striking from Section 2 the following: $12,000.00, and inserting in lieu thereof the following: $14,500.00, so that when so amended Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Rabun County shall receive an annual salary of $14,500.00, payable in equal monthly installments from the funds of Rabun County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to revise and amend the salary of the Clerk of Superior Court of Rabun County, Georgia, and for other purposes. Georgia, Fulton County.

Page 3331

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Clayton Tribune which is the official organ of Rabun County, on the following dates: December 20, 1979, December 27, 1979 and January 3, 1980. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 16th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF CECIL NEW CHARTER. No. 792 (House Bill No. 1516). AN ACT To provide a new Charter for the City of Cecil in the County of Cook; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide

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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 1.1. Incorporation. This Act shall constitute the whole Charter of the City of Cecil, repealing and replacing the charter provided by an Act of the General Assembly, approved August 11, 1914 (Ga. Laws 1914, p. 564), as amended. The City of Cecil, Georgia, in the County of Cook and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Cecil, 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 1.2. Corporate Boundaries. (a) The boundaries of the City of Cecil 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 Cecil, at all times, shall be shown on a map to be retained permanently in the office of the City Clerk and to be designated: City of Cecil, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. (c) The City Council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries.

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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. The corporate powers of this City may include, but shall not be limited to, the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law; (3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (5) Municipal Debts. To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (6) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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(8) Condemnation. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under section 36-202 of the Code of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended; (9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission; (11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be

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acquired by condemnation under section 36-202 of the Code of Georgia of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended; (13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and Zoning. To provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawnshops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way

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of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City; (21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide 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,

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maintaining, and extending of a sewage disposal plant and sewage system, and to levy on the users of sewers and the sewage system a sewer service charge, 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 change the same from time to time; such fees to be levied on the users connecting with the sewage 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 sentences in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;

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(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (39) Urban Redevelopment. To organize and operate an urban redevelopment program. (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards;

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(42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (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. 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. Terms and Qualification of Office. The members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Council member unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his/her period of service and shall be registered and qualified to vote in the municipal elections of the City.

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Section 2.3. Vacancy; Filling of; Forfeiture of Office. (a) The office of Mayor or of any 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 laws of the State of Georgia. (b) A vacancy in the office of Mayor or of any Council member 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 Council member shall forfeit his/her office if he/she: (1) lacks at any time during his/her 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 2.4. Compensation and Expenses. The salaries of the Mayor and Council shall be fixed by said Mayor and Council by ordinance at the first regularly scheduled meeting of the City Council immediately following the regular election held each year except as otherwise limited by the general laws of the State of Georgia. The Mayor and Council of the City shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.5. Prohibitions. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he/she was elected. Section 2.6. Code of Ethics. The Council may enact by ordinances a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. Section 2.7. 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

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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 2.8. Organization meeting. The Mayor and 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. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this charter the council shall be vested with all the powers of government of this City as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and/or property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this City. The Council may enforce such ordinances by imposing penalties for the violation thereof. (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 2.10. Chief Executive Officer. The Mayor shall be the chief executive of this City. He/she shall possess all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

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Section 2.11. Powers and Duties of Mayor . As the chief executive of this City, the Mayor: (a) shall see that all laws and ordinances of the City are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the City and to provide for the coordination of administrative activities; (e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (f) may submit to the Council at least once a year a statement covering the financial conditions of the City and, from time to time, such other information as the Council may request; (g) shall recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (h) shall call special meetings of the Council as provided for in section 2.12; (i) shall approve or disapprove ordinances as provided in section 2.18; (j) may examine and audit all accounts of the City; (k) shall require any department or agency of the City to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance.

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Section 2.12. Regular and special meetings . (a) The City Council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the City Council may be held on call of the Mayor or two (2) members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to Council members shall not be required if the Mayor and all Council members are present when the special meeting is called. Such notice of any special meeting may be waived by a Council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such Council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) To meet a public emergency affecting life, health, property or public peace, the City Council may convene on call of the Mayor or two (2) Council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty (30) days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) Council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed thirty (30) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.13. Rules of procedure . The City Council shall adopt rules of procedure and order of business consistent with the provisions

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of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.14. Mayor Pro Tem; Selection; Duties. At the organization meeting 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 2.15. Quorum, Voting. The Mayor, or the Mayor Pro Tem, or the acting Mayor, and two (2) Council members shall constitute a quorum and shall be authorized to transact business of the City Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the City Council shall have the right to request a roll-call vote. The affirmative vote of two (2) Council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.16. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of Cecil hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the Council and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except by unanimous consent of Council or for emergency ordinances as provided in section 2.12(c). 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.

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Section 2.17. 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 2.16(b) of this charter for assuring public access to the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the City Clerk pursuant to section 2.1 of this charter. (b) Copies of any adopted code of technical regulations may be made available by the City Clerk for distribution or for purchase at a reasonable price. Section 2.18. Signing, Authenticating, Recording, Codification, Printing. (a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption. (b) The Council shall provide for the preparation of a general codification of all the ordinances of the City. The general codification shall be adopted by the Council by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as The Code of the City of Cecil, Georgia. Copies of the Code may be furnished to all officers, departments, and agencies of the City and shall be made available for purchase by the public at a reasonable price as fixed by the Council. (c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in

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or additions to codes of technical regulations and other rules and regulations included in the Code. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.1. 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 City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by Council. (d) There may be a director of each department or agency who shall be its principal officer. Each director may, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision but such shall not be effective unless written notice of such action and the reasons therefor are given to the director involved and the Council. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three (3) Council members. Section 3.2. Boards, Commissions and Authorities. (a) The Council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof.

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(b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law. (e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the City an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission, or authority of the City government may establish such bylaws, rules and regulations not inconsistent with this charter, ordinances of the City, or general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City. Section 3.3. City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in

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the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.4. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.5. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.6. City Accountant. The Council may appoint a City Accountant to perform the duties of an accountant. Section 3.7. Consolidation of Functions. The Council may consolidate any two (2) 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 3.8. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted the Council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed City officials are not City employees. Section 3.9. Personnel Policies. The Council may adopt rules and regulations consistent with this charter concerning:

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(a) the method of employee selection and probationary periods of employment; and (b) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and (c) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be affected; and (d) such dismissal hearings as due process may require; and (e) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of Municipal Court; Name. There shall be a court to be known as the Municipal Court of the City of Cecil. Section 4.2. Chief Judge; Associate Judge; Court Personnel. (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 Municipal Court unless he/she shall have obtained the age of 21 years and be a resident of the same judicial circuit as the Municipal Court is located in. Each judge shall also be a duly licensed attorney at law and an active member of the State Bar of Georgia in good standing. All judges shall be appointed by the City Council. (c) Compensation of the judge or judges of the Municipal Court shall be determined by the City Council who may also remove for cause such judge or judges by a majority vote of the Council. (d) Before entering on the duties of his/her office, each judge shall take an oath given by the Mayor that he/she will honestly and faithfully discharge the duties of his/her office to the best of his/her

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ability without fear, favor, or partiality, which oath shall be entered upon the Council minutes. (e) The City Clerk shall perform the duties of Clerk of the Municipal Court, and, when required, the City Attorney shall serve as prosecutor in said Court. The City Council shall provide by ordinance for such other personnel as may be required to administer efficiently the business of the Court. Section 4.3. Terms; jurisdictions; powers. (a) The Municipal Court shall convene at regular intervals as provided by ordinance. (b) The Municipal Court shall try and punish for violations of all City ordinances. (c) The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed fifty dollars ($50.00) or three (3) days in jail. (d) The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of three hundred dollars ($300.00) or imprisonment for thirty (30) 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. (e) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of State law. (f) The Municipal Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said Court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of

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bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (g) The Municipal Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (h) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience in its orders, judgments and sentences; and to administer such oaths as are necessary. (i) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by general State law. (j) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City granted by general State laws to Mayor's, recorders and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the superior court of the county from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided that any person who fails to file his appeal within 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 4.5. Rules for Court. With the approval of the City Council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Municipal Court provided, however, the City Council may adopt in part or in toto the

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rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the City Clerk, shall be available for public inspection, and upon request, a copy shall be furnished to all defendants in Municipal Court proceedings at least 48 hours prior to said proceedings. Section 4.6. Appointment of Counsel for Indigent. The City Council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The judge of the Municipal Court shall appoint counsel in such cases from among the attorneys at law residing in the county and those counties adjoining the county, or from among those attorneys at law who have previously consented to serve as appointed counsel in such Court. ARTICLE V ELECTIONS AND REMOVAL Section 5.1. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.2. Election of Council and Mayor. (a) 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 a Council member shall be required to designate by number which of the five (5) Council posts he/she is seeking for election. (b) On the first Tuesday of February, 1981, and on said date biennially thereafter, there shall be an election for the Mayor and two (2) Council members. These two (2) Council member posts to be filled by election along with the election of the Mayor shall be Council member posts Nos. one (1) and two (2). (c) For the purpose of establishing a staggered system for the election of Council members, Council member posts No. three (3), four (4), and five (5) shall be filled for one (1) year terms by election on the first Tuesday of February, 1981. On the first Tuesday of

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February, 1982, and on said date biennially thereafter, there shall be an election for Council member posts three (3), four (4) and five (5). (d) The terms of office of the Mayor and Council members elected as provided in this section shall begin upon their taking the oath of office as provided for at the organization meeting in Section 2.8 of this charter. The first regular meeting of the Mayor and City Council following each municipal general election for the purpose of organization and administration of the oath as provided in Section 2.8 of this charter shall be on the first Tuesday of March. Section 5.3. Special Elections; Vacancies. In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six (6) months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.4. 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 5.5. 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 5.6. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed from office for any one (1) or more of the following causes: (a) incompetence, misfeasance or malfeasance in office;

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(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 5.7. Procedure for Removal. Removal of an above-described officer may be accomplished by one (1) 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 (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 Cook 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 Cook County as provided by law. ARTICLE VI REVENUE AND FINANCE Section 6.1. 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

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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 6.2. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City. Section 6.3. Occupation and Business Taxes. The Council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.4. Licenses, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates.

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Section 6.5. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, or health services, or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees. Section 6.6. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners, under such terms and conditions as may be prescribed by ordinances. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten (10) percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this article for City property taxes. Section 6.7. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City clerk in a registration book to be kept by him/her. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. 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.

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Section 6.9. Collection of Delinquent Taxes and Fees. The Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.10. Transfer of Executions. The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfer of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.11. 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 6.12. 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.

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Section 6.13. 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 of future State law. Section 6.14. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or federal law. Section 6.15. 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 6.16. 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 6.17. Capital Improvements Budget. (a) The mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, provided that such authorization is passed by majority vote of 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

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to the capital improvements budget shall become effective only upon adoption by a vote of the Council. Section 6.18. Independent Audit. There shall be an annual, independent audit of all City accounts, funds and financial transactions by a certified public accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds of the State or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. Section 6.19. Contracting Procedures. No contract with the City shall be binding on the City unless: (a) it is in writing; (b) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.20. Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City. Section 6.21. Sale of City Property. (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law as now or later amended at section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350). (b) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or

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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 7.1. 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 7.2. Official Bonds. The officers and employees of the City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Council may from time to time require by ordinance or as may be provided by State law. Section 7.3. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force unless repealed or amended for two years from the effective date of this charter. During such two-year period, the Council shall review all such provisions and shall readopt, repeal or amend each such that a codification as provided by this charter is begun. Section 7.4. Prior Ordinances. All ordinances, bylaws, rules and regulations now in force in the City not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the Council.

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Section 7.5. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty (60) 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 7.6. 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 7.7. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty (60) days or both such fine and imprisonment. Section 7.8. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word City shall mean the City of Cecil, Georgia. (d) The word Council shall mean the City Council of this City. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.9. 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

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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 7.10. Specific Act Repealed. An Act reincorporating the Town of Cecil in the County of Cook, approved August 11, 1914 (Ga. Laws 1914, p. 564), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.10. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to reincorporate the Town of Cecil, Georgia, and provide a new charter for said Town; and for other purposes. This 4th day of December, 1979. Henry Bostick Representative, 146th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick who, on oath, deposes and says that he/she is Representative from the 146th District, and

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that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Adel News which is the official organ of Cook County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980. /s/ Henry Bostick Representative, 146th District Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. STATE COURT OF FULTON COUNTY POSITION OF JUDGE EMERITUS CREATED. No. 793 (House Bill No. 1517). AN ACT To amend an Act approved December 15, 1871, creating the City Court of Atlanta, as amended by an Act approved September 6, 1891, creating the Criminal Court of Atlanta, as amended by an Act approved August 20, 1913, establishing the Municipal Court of the City of Atlanta, as amended by an Act approved July 31, 1925, establishing the Fulton Section of the Municipal Court of Atlanta, as amended by an Act approved February 23, 1935, changing the

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name of the Criminal Court of Atlanta to the Criminal Court of Fulton County, as amended by an Act approved February 23, 1939, changing the name of the Fulton Section of the Municipal Court of Atlanta to the Civil Court of Fulton County, as amended by an Act approved April 9, 1963, creating the Office of Judge Emeritus in the Civil Court of Fulton County, as amended by an Act approved March 24, 1976, combining the Criminal Court of Fulton County and the Civil Court of Fulton County and creating the State Court of Fulton County, as amended, so as to create the position of Judge Emeritus of the State Court of Fulton County; to provide for his compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the position of Judge Emeritus of the State Court of Fulton County. The judge emeritus, when acting as a judge of the court, shall have all the powers, duties and responsibilities attached to the position of judge of said court. Section 2. Every judge heretofore retired as a judge of the Civil Court of Fulton County or as a judge of the Criminal Court of Fulton County or as a judge of the State Court of Fulton County or who may hereafter retire as a judge of the State Court of Fulton County shall automatically become a judge emeritus of the State Court of Fulton County. His designation as a judge emeritus shall in no way affect his pension or retirement rights. The compensation hereafter provided shall be in addition to any pension or retirement pay which the judge receives or is entitled to receive. Section 3. The Chief Judge of the State Court of Fulton County in consultation with the judges and the solicitor general of said court may call upon one or more judges emeritus to serve as active judges of the court for such period or periods of time as appropriate and necessary for disposing of the court's business and assign the particular duties of an acting judge or judges as described herein and designate the place either in the courthouse or at a courthouse annex where said judge or judges shall preside as an active judge. The chief judge of said court shall cause a proper order designating the said judge or judges as an active judge of said court, describing the period of time within which a judge emeritus shall preside as an active judge, with a certificate executed by said judge emeritus that he accepts an assignment as an active judge of said court and cause the same to be entered upon the minutes of said court.

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Section 4. For each day of actual service by a judge emeritus, payment of not less than $100.00 per day shall be paid from the county treasury. Section 5. The acceptance of an assignment by a judge emeritus to serve as an active judge shall in no way interfere with the right of the retired judge to practice law, except he may not practice law nor have a case pending in the State Court of Fulton County. If the judge emeritus of the court desires to practice law in the court, he must file with the clerk of said court a declaration and notice that he declines to act as an active judge of the court. A judge who files a declaration declining to act as an active judge of said court shall not thereafter be assigned to hear and try cases in said court. If a judge emeritus of said court should after filing such declaration decide to be available to serve as an active judge, as described in Section 3 hereof, he shall at least six months prior to serving as an active judge have filed a certificate in which he shall certify that he desires to be available to serve as an active judge when called upon to do so and that he has no cases pending in said court. During any such time that a judge emeritus is eligible to serve as an active judge of said court, he shall not practice law in said court. 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 1980 session of the General Assembly of Georgia a bill to amend an act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913, (Ga. L. 1913, p. 145); and for other purposes. This 10th day of January, 1980. John Tye Ferguson Associate County Attorney Fulton County

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther 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 11, 18, 25, 1980. /s/ Luther Colbert Representative, 23rd District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

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TROUP COUNTY CORONER'S SALARY. No. 794 (House Bill No. 1518). 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) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4113), so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3214) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4113), is hereby amended by striking from Section 1 thereof the following: $2,088, and substituting in lieu thereof the following: $2,192.00, 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 $2,192.00 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.

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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 1980 session of the General Assembly of Georgia a bill to amend an Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3214), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4113), so as to change the salary of the coroner; and for other purposes. /s/ V. Hawley Smity Chairman, Troup County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18, 25, 1980. /s/ J. Crawford Ware Representative, 68th District

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Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. TROUP COUNTY SMALL CLAIMS COURT JUDGE'S SALARY. No. 795 (House Bill No. 1519). 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), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), so as to change the salary of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3216), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), is hereby amended by striking from Section 8 thereof the following:

Page 3370

$13,740, and substituting in lieu thereof the following: $14,427.00, so that when so amended Section 8 shall read as follows: Section 8. The judge of said court shall receive a salary in the amount of $14,427.00 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 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 1980 session of the General Assembly of Georgia a bill 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), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), so as to change the salary of the judge; and for other purposes. V. Hawley Smith Chairman, Troup County Board of Commissioners

Page 3371

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18, 25, 1980. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3372

TROUP COUNTY COMPENSATION OF NAMED COUNTY OFFICERS. No. 796 (House Bill No. 1520). AN ACT To amend an Act providing compensation for specified officers in Troup County, approved February 12, 1962 (Ga. Laws 1962, p. 1093), 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), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4101), so as to change 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. 1093), 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), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4101), is hereby amended by striking from Section 3 thereof the following: $20,334.00, and substituting in lieu thereof the following: $24,360.00, 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 $24,360.00 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.

Page 3373

Section 2. Said Act is further amended by striking from Section 4 thereof the following: $19,476.00, and substituting in lieu thereof the following: $20,450.00, 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 $20,450.00 per annum, to be paid in equal biweekly installments from the funds of Troup 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: $17,124.00, and substituting in lieu thereof the following: $18,910.00, so that when so amended Section 5 shall read as follows: Section 5. The Tax Commissioner of Troup County shall be compensated in the amount of $18,910.00 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:

Page 3374

$17,976.00, and substituting in lieu thereof the following: $18,875.00, so that when so amended Section 6 shall read as follows: Section 6. The Judge of the Probate Court of Troup County shall be compensated in the amount of $18,875.00 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill 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), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4101), so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court; and for other purposes. V. Hawley Smith Chairman, Troup County Board of Commissioners

Page 3375

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 the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18, 25, 1980. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3376

STATE COURT OF TROUP COUNTY COMPENSATION OF JUDGE AND SOLICITOR. No. 797 (House Bill No. 1521). 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), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4109), so as to change the salary of the judge and of the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. Laws 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. Laws 1963, p. 2309), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3214), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4109), is hereby amended by striking from the second paragraph of Section 5 the following: $18,354.00, and inserting in lieu thereof the following: $19,272.00, so that when so amended Section 5 shall read as follows: Section 5. Judge; Qualifications; Oath; Salary. Any person who shall be elected Judge of said Civil and Criminal Court of Troup County must, at the time of his election be at least twenty-five

Page 3377

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 $19,272.00 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. Section 2. Said Act is further amended by striking from the fourth paragraph of Section 6 the following: $12,252.00, and inserting in lieu thereof the following: $12,865.00, 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 $12,865.00 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.

Page 3378

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 1980 session of the General Assembly of Georgia a bill 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), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4109), so as to change the salary of the judge and of the solicitor; and for other purposes. V. Hawley Smith Chairman, Troup County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18, 27, 1980.

Page 3379

/s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 28th day of January, 1980. /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 1980 session of the General Assembly of Georgia a bill 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), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), so as to change the salary of the judge; and for other purposes. V. Hawley Smith Chairman, Troup County Board of Commissioners Georgia, Troup County. Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto has been published in said LaGrange Daily News, to-wit: January 11,

Page 3380

1980, January 18, 1980, January 25, 1980 being publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn to and subscribed before me, this 30th day of January 1980. /s/ Thelma A. Ledford Notary Public, Troup County. (Seal). Approved March 18, 1980. SUMTER COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 798 (House Bill No. 1524). AN ACT To amend an Act creating and establishing a small claims court in and for Sumter County, approved April 4, 1979 (Ga. Laws 1979, p. 3194), so as to change the provisions relating to service of process; to change the provisions relating to certain fees; to change the terms of office of judges of such 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 Sumter County, approved April 4, 1979 (Ga. Laws 1979, p. 3194), is hereby amended by striking in its entirety subsection (a) of Section 6 and inserting in lieu thereof a new subsection (a) to read as follows:

Page 3381

(a) (1) 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, by registered or certified mail, 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. (2) 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 or 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 `unclaimed' or `refused,' giving the date of attempts at delivery or the date of refusal and such notation is signed or initialed by a United States postal employee or United States mail carrier by whom attempts at delivery were made or 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. Section 2. Said Act is further amended by striking from subsection (d) of Section 6 the following: $8.00, and inserting in lieu thereof the following: $10.00, so that when so amended subsection (d) shall read as follows:

Page 3382

(d) When served as provided, the cost of service shall be $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 3. Said Act is further amended by striking from Section 18 the figure 1982 and inserting in lieu thereof the figure 1983 and by striking therefrom the word two and inserting in lieu thereof the word four, so that when so amended Section 18 shall read as follows: 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, 1983, and until his successor is qualified. Thereafter, such judge shall be appointed by the Governor, each such judge to serve a term of four years and until his successor is qualified. 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a Small Claims Court in and for Sumter County, approved April 4, 1979 (Ga. L. 1979, p. 3194) so as to specify that the term of the Judge of said Court shall be four (4) years; so as to amend provision relating to service of process; so as to provide that the fee for service of process shall be the same as that charged by the Sheriff of Sumter County; and for other purposes. This 11th day of January, 1980. Hugh Carter Senator, 14th District
Page 3383

Don Castleberry Representative, 111th District Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William 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 12, January 18, January 25, 1980. /s/ William Murray Representative, 116th District Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 18, 1980.

Page 3384

SUMTER COUNTY COMPENSATION OF EMPLOYEES OF CLERK OF COURTS. No. 799 (House Bill No. 1525). AN ACT To amend an Act abolishing the fee system of compensating the clerk of the Superior Court and the clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. Laws 1957, p. 2095), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3560), so as to change the compensation of the deputy clerks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the clerk of the Superior Court and the clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. Laws 1957, p. 2095), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3560), 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 governing authority of Sumter County shall determine the compensation of the employees of the clerk of the courts, which compensation shall be paid in equal monthly or semi-monthly payments from the funds of Sumter County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system of compensating the Clerk of the

Page 3385

Superior Court and the Clerk of the State Court of Sumter County, Georgia, and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. L. 1957, p. 2095), as amended, so as to provide that the salaries of the employees of the Clerk of the Superior Court of Sumter County and of the Clerk of the State Court of Sumter County, as enumerated therein, shall be fixed by the governing authority of Sumter County, as in the case of every other employee of Sumter County; and for other purposes. This 11th day of January 1980. Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray, Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William 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 Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 12, January 18, January 25, 1980. /s/ William Murray Representative, 116th District

Page 3386

Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 18, 1980. SUMTER COUNTY COMPENSATION OF TAX COMMISSIONER. No. 800 (House Bill No. 1526). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Sumter County into the one office of tax commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 744), as amended, particularly by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2237), so as to change the compensation provisions relating to 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 Sumter County into the one office of tax commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 744), as amended, particularly by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2237), is hereby amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:

Page 3387

Section 10. (a) The compensation of the tax commissioner shall not exceed $7,999.00 per annum, the exact amount to be fixed by the Board of Commissioners of Sumter County, payable in equal monthly installments out of the general funds of Sumter County. (b) After November 1, 1979, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held in trust as public funds belonging to Sumter County. On or before the fifteenth of each month, the tax commissioner shall turn over to the fiscal authority of said county all funds belonging to the county collected by him in the preceding month with a detailed statement showing the sources from which such funds were collected. It is specifically provided that the compensation of the tax commissioner provided herein shall be in addition to all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the sale of motor vehicle license plates by local officials as agents of the State Revenue Commissioner, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, and an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. Provided, however, the tax commissioner shall only be allowed to retain commissions sufficient to increase his total compensation to $18,500.00 per annum. Any excess commissions collected by the tax commissioner shall be remitted to the fiscal authority of said county as provided herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into an office of Tax Commissioner, approved August 16, 1925 (Ga. L. 1925, p. 744), as amended, so as to change the compensation of the Tax Commissioner to provide that the

Page 3388

salary of the Tax Commissioner from all sources, including commissions, shall not exceed the sum of $18,500.00, and for other purposes. This 11th day of January, 1980. Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William 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 12, January 18, January 25, 1980. /s/ William Murray Representative, 116th District

Page 3389

Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 18, 1980. STATE COURT OF BULLOCH COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 802 (House Bill No. 1545). AN ACT To amend an Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. Laws 1903, p. 153), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3497) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3764), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. Laws 1903, p. 153), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3497) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3764), is hereby amended by striking from Section 2 the following:

Page 3390

$8,000, and substituting in lieu thereof the following: $11,000.00, so that when so amended Section 2 shall read as follows: Section 2. Be it enacted by the authority aforesaid, that there shall be a Judge of the State Court of Bulloch County, whose term of office beginning January 1, 1951, will be for a term of six (6) years, ending December 31, 1956, and each term thereafter shall be for a term of four (4) years, and whose election and qualifications shall be and remain as now fixed by law, and who shall receive a salary of $11,000.00 per annum, which shall be paid to him monthly by the treasurer of the County of Bulloch, or other proper authorities having charge of said county funds, and it shall be the duty of the board of commissioners of said county, or other proper officers, to make provisions annually in 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 from that sentence of Section 4, pertaining to the salary of the solicitor, the following: $7,200, and substituting in lieu thereof the following: $9,000.00, so that when so amended, said sentence shall read as follows: The salary of said solicitor shall be the sum of $9,000.00 per annum to be paid out of the treasury of Bulloch County which shall be in full for all services rendered by him, and for which he shall receive no other compensation than a salary of $9,000.00 per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures, and insolvent costs.

Page 3391

Section 3. 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 to the Public. The public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of Judge of State Court of Bulloch County, Georgia, and for Solicitor of said Court. It is contemplated that the changes in compensation will be an increase for the offices concerned, to be effective on the first day of January, 1981. This January 9, 1980. W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District,

Page 3392

and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 30th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. BULLOCH COUNTY COMPENSATION OF DEPUTY SHERIFFS, ETC. No. 803 (House Bill No. 1546). AN ACT To amend an Act placing the Sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2594), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3161) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3622), so as to change the compensation of the sheriff's deputies and office clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3393

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2594), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3161) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3622), is hereby amended by striking subsection (a) of Section 3 thereof in its entirety and substituting in lieu thereof a new subsection (a) of Section 3 to read as follows: (a) The Sheriff of Bulloch County shall be authorized to employ one chief deputy who shall be compensated in the amount of $12,120.00 per annum, one junior deputy who shall be compensated in the amount of $10,800.00 per annum, and one office clerk who shall be compensated in the amount of $7,800.00 per annum. The salary of each such deputy and of the clerk shall be paid in equal monthly installments from the funds of Bulloch County. Said deputies shall be of the male sex and shall be capable arresting officers. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.

Page 3394

This January 9, 1980. W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980. /s/ W. Jones Lane Representative, 81st District

Page 3395

Sworn to and subscribed before me, this 30th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. BULLOCH COUNTY COMPENSATION OF BOARD OF COMMISSIONERS' CLERICAL ASSISTANTS. No. 804 (House Bill No. 1547). AN ACT To amend an Act creating a Board of Commissioners of Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3150) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3653), so as to change the provisions relative to the compensation of the clerical assistants; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3150) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3653), is hereby amended by striking subsection (b) of Section 2 thereof in its entirety and substituting in lieu thereof a new subsection (b) of Section 2 to read as follows:

Page 3396

(b) The chairman and clerk of said board is hereby authorized to employ an assistant clerk, who may be compensated in an amount not to exceed $9,720.00 per annum, and an additional clerical assistant, who may be compensated in an amount not to exceed $8,520.00 per annum. The compensation of such personnel shall be paid in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia. This January 9, 1980. W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District
Page 3397

Joseph E. Kennedy Georgia State Senate, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 30th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3398

BULLOCH COUNTY COMPENSATION OF PROBATE COURT CLERICAL EMPLOYEES. No. 805 (House Bill No. 1548). AN ACT To amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2590), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3770) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3632), so as to change the compensation of the clerical employee of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2590), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3770) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3632), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The judge of the probate court may appoint a clerical assistant to be compensated in an amount not to exceed $7,800.00 per annum. The assistant shall be compensated out of funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3399

Notice to the Public. This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia. This January 9, 1980. W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980.

Page 3400

/s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 30th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. BULLOCH COUNTY COMPENSATION OF EMPLOYEES OF CLERK OF SUPERIOR COURT. No. 806 (House Bill No. 1549). AN ACT To amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2763), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3754) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3630), so as to change the compensation of the clerk's employees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2763), as amended, particularly by an Act

Page 3401

approved March 31, 1976 (Ga. Laws 1976, p. 3754) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3630), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The Clerk of the Superior Court of Bulloch County shall be authorized to employ a deputy clerk and to fix his compensation at a figure not to exceed $8,520.00 per annum, and a docket clerk and to fix his compensation at a figure not to exceed $7,800.00 per annum. Said salaries shall be paid in equal monthly installments from the funds of Bulloch County. (b) The clerk shall be further authorized to employ a typist and to fix her compensation at a figure not to exceed $7,200.00 per annum, such salary to be paid in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.

Page 3402

This January 9, 1980. W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980. /s/ W. Jones Lane Representative, 81st District

Page 3403

Sworn to and subscribed before me, this 30th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. BULLOCH COUNTY COMPENSATION OF TAX COMMISSIONER'S ASSISTANTS. No. 807 (House Bill No. 1550). AN ACT To amend an Act creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. Laws 1937, p. 1261), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3760) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3627), so as to change the compensation of the tax commissioner's assistants; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. Laws 1937, p. 1261), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3760) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3627), is hereby amended by striking Section 8A thereof in its entirety and substituting in lieu thereof a new Section 8A to read as follows:

Page 3404

Section 8A. The tax commissioner is hereby authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $8,520.00 per annum, the second such assistant shall receive a salary not to exceed $7,800.00 per annum, and the third such assistant shall receive a salary not to exceed $7,200.00 per annum. Such salaries shall be payable in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public. This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court. It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia. This January 9, 1980. W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District
Page 3405

Joseph E. Kennedy Georgia State Senate, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 30th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3406

CONTRIBUTIONS OF PUBLIC FUNDS FOR CHARITABLE PURPOSES IN CERTAIN COUNTIES (550,000 OR MORE). No. 808 (House Bill No. 1551). AN ACT To authorize the Governing Authorities of certain counties of this State to appropriate money for, and to make grants or contributions to any corporation, association, institution or individual for purely charitable purposes conducted within such county; to provide that such counties are authorized to establish councils or boards to establish procedures by which such grants and contributions are made and to advise the Governing Authorities of such counties generally with respect to such grants and contributions; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population in excess of 550,000 according to the 1970 United States Census, or any such future census, the governing authorities of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, institution or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution. Section 2. In connection with the appropriation of money for or the making of any grant or contribution for purely charitable purposes, the governing authority of any county within this State may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the governing authorities of such counties generally with respect to such grants or contributions. Section 3. This Act shall become effective when it is approved by the Governor or otherwise becomes the law.

Page 3407

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1980. ETOWAH WATER AND SEWER AUTHORITY ACT. No. 809 (House Bill No. 1565). AN ACT To create the Etowah Water and Sewer Authority; to authorize the Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize the Authority to acquire, construct, operate, and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the election of members of the Authority and their tenure of office, qualifications, duties, powers, method of filling vacancies, and compensation; to authorize the Authority to contract with others pertaining to water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide that no debt of Dawson County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the

Page 3408

Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to provide for revenue and jurisdiction of certain actions; to provide for the validation of bonds; 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. Short title. This Act shall be known and may be cited as the ETOWAH WATER and SEWER ACT. Section 2. Etowah Water and Sewer Authority. (a) There is hereby created a body corporate and politic, to be known as the Etowah Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts by law and equity. The Authority shall have perpetual existence. (b) The Authority shall consist of five members. The following persons are hereby designated and appointed as members of the Etowah Water and Sewer Authority: (1) Mr. Don D. Gordon, who shall hold an initial term of office expiring on March 31, 1985; (2) Mr. Frank C. Roberts, who shall hold an initial term of office expiring on March 31, 1984; (3) Mr. E. George David, who shall hold an initial term of office expiring on March 31, 1983; (4) Mr. Ben Overstreet who shall hold an initial term of office expiring on March 31, 1982; and (5) Mr. G. William Jessee, Sr. who shall hold an initial term of office expiring on March 31, 1981. The initial members of the Authority shall enter upon the duties of their office on the effective date of this Act and shall serve until the expiration of their respective terms of office or until their successors

Page 3409

are duly elected and qualified. During the month of March, 1981, and in the month of March of each year thereafter, a meeting of those persons, firms, corporations, companies and organizations who use the facilities of the Authority shall be called by the Authority for the purpose of electing successors to those members whose terms expire in such year. Said meeting shall be called and conducted as hereinafter prescribed. Except as otherwise provided herein, each member elected by the users of the system shall enter upon the duties of his office on March 31 immediately following his election and shall serve for a term of office of five years and until his successor is duly elected and qualified. Members of the Authority shall serve without compensation but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the Authority. (c) To be eligible for election as a member of the Authority a person shall be at least 21 years of age, a resident of Dawson County for at least two years prior to the date of his election, shall not have been convicted of a felony and at the time of election, shall be a user of the facilities of the Authority. The provisions of this subsection shall not apply to the initial members of the Authority appointed under the provisions of this Section. (d) The members of the Authority shall elect one of their number as chairman, another as vice chairman, and may also elect a secretary and treasurer or a secretary or a treasurer, who need not be a member of the Authority. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the Authority shall not be entitled to vote upon any issue, motion of resolution, except in the case of a tie vote of the other members voting on said motion, resolution or question. (e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. (f) In the event of a vacancy by reason of death, disqualification, resignation or other reason, the remaining members of the Authority shall elect, by majority vote, a qualified person to fill the

Page 3410

vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the Authority who is convicted of a felony, who moves his residence from Dawson County, or who is indicted or charged with any act of misfeasance, malfeasance, or nonfeasance by the Dawson County Grand Jury, acting in its sole discretion. If, for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting to replace a member whose term expires, the remaining members of the Authority shall elect, by majority vote, a duly qualified person as a member of the Authority to serve until the next annual meeting of the users. (g) Annual meetings of the users of the facilities of the Authority shall be held in March of each year. Such annual meeting shall be called by the Authority, after notice thereof has been published in the newspaper in Dawson County in which the sheriff's advertisements are published, at least ten days prior to the date of such meeting. The Authority is hereby authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections. (h) The Authority shall have a complete audit of its financial condition made at least once in each calendar year by a certified public accountant. Such audit shall remain on file at the office of the Authority for public inspection. 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 Etowah Water and Sewer Authority. (b) The word project shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply within or without the territorial boundaries of Dawson County, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Dawson County and the operation, maintenance,

Page 3411

additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. The word project shall also mean and include the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial, the treatment of such waste including the acquisition and construction of treatment plants, lagoons, without and within the territorial boundaries of Dawson County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the Authority to be necessary or convenient for the efficient operation of a sanitary and storm sewer system. (c) The term cost of the project shall mean and embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during the construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The term revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Bond Law (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, 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 selfliquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving or extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.

Page 3412

Section 4. Powers. The Authority shall have the power: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, and dispose of, real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the name so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of, the same in any manner it deems to the best advantage of the Authority. In any condemnation proceedings, such orders may be made by the court having jurisdiction of suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment of the reasonable value of such lands to the director, Fiscal Division, Department of Administrative Services for the credit of the general fund of the State. Such value shall be determined by three appraisers to be agreed upon by the Governor 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 or projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. Any and all persons, firms and corporations and any and all political subdivisions,

Page 3413

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. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related services and facilities by the Authority to such municipal corporations and counties or for the purchase of water by the Authority therefrom for a term not exceeding fifty (50) years; (f) To construct, erect, acquire, own, repair, remodel. maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or grants from the United States of America or any agency or instrumentality thereof; (g) To accept loans and/or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such Agency or instrumentality may require; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, provided the same is not in conflict with the Constitution and laws of this State; and (j) 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 the 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

Page 3414

dollars ($4,000,000) 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 nine per cent (9%) per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium 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. Section 6. Same; form; denominations; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds; such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be fixed thereto and attached by the Secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

Page 3415

Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of this State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, 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 nine percent (9%) 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. Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund, hereinafter provided, for the payment of principal and interest of such bonds. Section 11. Same; interim receipts and certificates of temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.

Page 3416

Section 13. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and shall be published in the official newspaper for Dawson County one time within a week of its being adopted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Dawson County or 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 the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 15. Same; trust indenture as security. In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervisions and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds

Page 3417

issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of 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 as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person, who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking funds. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such 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 not 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 of trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use

Page 3418

and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, 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 peformed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Dawson County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be

Page 3419

brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the water system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Etowah Water and Sewer Authority. Section 22. Same; interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties of existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the Authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether all proceeds from the same of revenue bonds, as grants, or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

Page 3420

Section 24. Purpose of the Authority. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to the various townships and citizens in Dawson County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not exist water distribution systems or furnishing sewer facilities to such consumers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The Authority shall also have authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity. The Authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality without first obtaining the express written consent of the appropriate governing bodies of the above referred to water districts or municipalities. Section 25. Rates, charges and revenues; use. The Authority is hereby authorized to prescribe, fix and collect rates, fees, tolls, or charges, and to revise from time to time and collect such rates, fees, tolls, or charges, for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertakings 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 the water and sewer utility system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 26. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations

Page 3421

for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water and sewer service and facilities shall be furnished. Section 27. Powers declared supplemental and additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. Section 29. 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 30. Effect on other governments. This Act does not in any way take from Dawson County or any municipality located therein or any adjoining county the authority to own, operate and maintain water or sewer systems or issue revenue certificates as is provided by the Revenue Bond Law of Georgia. Section 31. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia, local Legislation which

Page 3422

local legislation consists of a bill to create the Etowah Water and Sewer Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize such Authority to acquire, construct, operate and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the election of the members of the Authority and their tenure in office and compensation; to authorize the Authority to contract with others pertaining to water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay the costs of such undertakings or projects and authorize the collection and pledging of revenues and earnings of the Authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Dawson County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue or jurisdiction of sections relating to any provision of this Act; and to provide that such bonds be validated; to provide for separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes. This 31st day of December, 1979. William G. Hasty, Sr. State Representative Georgia, Fulton County.

Page 3423

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 Dawson County Advertiser which is the official organ of Dawson County, on the following dates: January 3, 10, 17, 1980. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 31st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. TALBOT COUNTY DEPUTY SHERIFFS. No. 810 (House Bill No. 1573). AN ACT To amend an Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2869), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3669), so as to provide for full-time and part-time deputies and their compensation; to repeal conflicting laws; and for other purposes.

Page 3424

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2869), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3669), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows: Section 2. In addition to the salary provided for the sheriff in section 1, the governing authority of Talbot County shall pay all costs of feeding prisoners in the county jail; salaries of deputies; expenses of providing, operating and maintaining automobiles and all other equipment, material, supplies and items of whatever kind or nature necessary to conduct, administer and operate the office of Sheriff and Jailer of Talbot County. The sheriff shall select and appoint all deputies and fix their compensation at the rate of not less than $200.00 per month and not more than $600.00 per month., and inserting in lieu thereof the following: Section 2. In addition to the salary provided for the sheriff in Section 1, the governing authority of Talbot County shall pay all costs of feeding prisoners in the county jail; salaries of deputies; expenses of providing, operating and maintaining automobiles and all other equipment, material, supplies and items of whatever kind or nature necessary to conduct, administer and operate the office of Sheriff and Jailer of Talbot County. The sheriff shall select and appoint all deputies and fix their individual compensation within the limits hereafter provided. The total compensation paid to all deputies, both full time and part time, shall not exceed $3,000.00 per month. The sheriff shall fix the compensation of each full-time deputy at a rate of not less than $600.00 per month and not more than $1,000.00 per month and shall fix the compensation of each part-time deputy at a rate not to exceed $1,000.00 per month and commensurate with the time such part-time deputy devotes to duties as deputy. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3425

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Talbot County on an annual salary approved March 30, 1965 (Ga. Laws 1965, p. 2869) as amended, so as to change the compensation of the deputy sheriffs; to provide for full-time deputy sheriffs, and for a maximun number of deputy sheriffs; and for other purposes. This 28th day of December, 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 Talbotton New Era which is the official organ of Talbot County, on the following dates: January 4, 11, 18, 1980. /s/ Claude A. Bray, Jr. Representative, 70th District

Page 3426

Sworn to and subscribed before me, this 31st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. TOWN OF OAK PARK CHARTER AMENDED. No. 811 (House Bill No. 1597). AN ACT To amend an Act incorporating the Town of Oak Park, approved July 18, 1929 (Ga. Laws 1929, p. 1241), so as to change the corporate limits of said town; to change the terms of office of the mayor and aldermen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the Town of Oak Park, approved July 18, 1929 (Ga. Laws 1929, p. 1241), 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. Be it further enacted that the corporate limits of said town shall be as follows: One mile in all directions from the center of the intersection of U. S. Highway No. 1, also known as Main Street, and North Railroad Avenue.

Page 3427

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. Be it further enacted that on the first Tuesday in October, 1980, and biennially on the same day in each even-numbered year thereafter, an election shall be conducted in the Town of Oak Park for mayor and aldermen, whose terms of office shall begin immediately upon their qualification. All elections shall be held and conducted in accordance with the provisions of Code Title 34A, known as the Georgia Municipal Election Code, as the same now exists or may hereafter be amended. The certificate of the superintendent shall be sufficient authority for the officers elected to enter upon the discharge of their duties. The mayor and each alderman shall serve for terms of office of two years and until their successors are duly elected and qualified. In the event of a vacancy during the term of office of the mayor and aldermen, the majority of the remaining members of the mayor and aldermen shall have the right to fill the vacancy until the next election. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Oak Park, approved July 18, 1929 (Ga. Laws 1929, p. 1241), so as to change the corporate limits of said town; to change the term of office of the mayor and alderman; and for other purposes. This 14th day of January, 1980. Larry D. Strange, Mayor Town of Oak Park

Page 3428

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: January 16, 23, 30, 1980. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3429

OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT. No. 812 (House Bill No. 1598). AN ACT To create the Oconee County Public Utility Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and the construction, maintenance and operation of sewerage treatment facilities and other related facilities (including garbage pickup and disposal) to individuals, public and private corporations and municipal corporations; to confer powers and impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to provide for filling vacancies; to provide for removal of members; 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 or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the authority payable from the revenues, tolls, fees, charges and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to authorize said Authority to establish a sewer system or systems in said county so as to vest in the Oconee County Public Utility Authority the same, powers, jurisdiction and authority it has by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a Sewerage system or systems as it may have to establish, operate and maintain a water system; to provide that any water or sewerage facilities that are constructed shall take into consideration the adopted planning policy of Oconee County; to provide that no debt of Oconee County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated;

Page 3430

to require that contractors shall give bond; to provide for competitive bidding on contracts; to provide that members of the Authority not be interested in contracts; to provide for financial statements and audit reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Short Title. This Act may be cited as the Oconee County Public Utility Authority Act. Section 2 . Oconee County Public Utility Authority. There is hereby created a body corporate and politic, to be known as the Oconee County Public Utility Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members. The council of the town of Watkinsville, and the Board of Commissioners of Oconee County shall appoint two members each. The remaining one member shall be appointed by the four previously selected by the council of Watkinsville and Board of Commissioners of Oconee County. No member of the Board of Commissioners of Oconee County or the Council of Watkinsville shall be eligible for appointment to and service on said Authority. Members of the Authority shall be appointed for initial terms as follows: one member shall serve for an initial term of one year, one for an initial term of two years, one for an initial term of three years, one for an initial term of four years, and one member shall serve for an initial term of five years, and thereafter the term of office shall be for a period of five years, and until their successors are appointed and qualified. Three members shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall elect a Chairman and a Vice Chairman of the Authority from among the members thereof and shall also elect a Secretary-Treasurer who need not be a member of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of six hundred (600.00) dollars per annum, payable monthly, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

Page 3431

Section 3 . Vacancies. In the event of vacancy in the membership of the Authority by reason of death, cause, resignation or disability, said vacancy shall be filled by the remaining members of the Authority. Section 4 . Removal of Members. The Authority may remove any members appointed to it for cause. No member of the Authority shall be removed unless he has been given a copy of the charges against him and an opportunity to be publicly heard in his own defense in person or by counsel with at least ten (10) days written notice. A member removed from office shall have the right of judicial review of his removal by an appeal to the Superior Court of Oconee County but only on the ground of error of law or abuse of discretion. In case of an abandonment of his office, conviction of a crime involving moral turpitude or a plea of nolo contendere thereto, the office of such member shall be declared vacant by the Authority. A member shall be deemed to have abandoned his office upon failure to attend any regular or special meeting of the Authority for a period of three months without excuse approved by a resolution of the Authority. Section 5 . Definitions. As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Oconee County Public Utility Authority created by Section 2 of this Act. (b) The word project shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Oconee County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. Said term shall also include all necessary and usual facilities for the treatment and disposal of sewerage and the pickup and disposal of garbage in said county.

Page 3432

(c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the 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. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia (Ga. Laws 1937, p. 761, as amended), and such type of obligations may be issued by the Authority as authorized under said Revenue Certificate Law 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 will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 6 . 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

Page 3433

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

Page 3434

Authority to such municipal corporations and counties, or the furnishing of water, such sewerage facilities, and garbage pickup, and services by municipal corporations, counties, corporations, or individuals to the Authority for a term not exceeding 50 years; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America, State of Georgia or any agency or instrumentality thereof; (g) To accept loans and grants of money or materials or property of any kind from the United States of America, State of Georgia or any agency or instrumentality thereof upon such terms and conditions as the United States of America, State of Georgia or such agency or instrumentality may impose; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (j) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 7. Competitive Bidding on Contracts. (a) Except in the purchase of unique articles or articles which for any reason are unobtainable in the open market, and except as hereinafter provided, competitive bids shall be secured before any purchase or sale by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority other than professional services, and the purchase shall be made from, or the contract shall be awarded to, the lowest responsible bidder.

Page 3435

(b) All purchases, contracts and sales of $1,000.00 or more shall be awarded after advertising in the official organ of Oconee County at least two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or in lieu thereof, the Authority shall keep on file a memorandum showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. (c) Written price quotations from at least three qualified and responsible vendors shall be obtained for all purchases and sales under $1,000.00 but more than $500.00, or, in lieu thereof, the Authority shall keep on file a memorandum showing that less than three vendors so qualified exist in the market area within which it is practicable to obtain quotations, except as hereinafter provided. (d) Purchases of sales under $500.00 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the Authority. (e) Competitive bidding requirements may be waived if it is determined by the Authority that an emergency directly and immediately affecting customer service or public health, safety or welfare requires immediate delivery of supplies, materials, equipment or services. (f) The Authority shall have the right to reject any or all bids, or parts of any or all bids, whenever in the opinion of the Authority such rejection is necessary for the protection of the interests of the Authority. In such cases, the Authority shall readvertise for new bids on the same or different terms. Section 8. Contractors to Give Bond. Contractors who are awarded contracts by the Authority shall be required to give bond in an amount equal to the amount of the bid, with good security, for the faithful performance of the contract and to indemnify the Authority for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be approved by and filed with the Authority or shall be approved by and filed with such other person as may be designated by the Authority.

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Section 9. Members of the Authority Not to be Interested in Contracts. The Authority is hereby prohibited from entering into a contract for the purchase of goods, property or service with any member of the Authority, his employer, partner, principal, agent, servant or employee, nor shall the Authority enter into any contract in which any member of the Authority is financially interested, directly or indirectly. Neither shall the Chairman or any member of the Authority, his partner, employer, principal, agent, servant or employee enter into any contract with the Authority, or sell to the Authority any goods, property or service; provided, however, this Section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service Commission. Any contract made in violation of the provisions of this Section shall be void, and any person knowingly offending this Section shall be removed from office as a member of the Authority upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933 relating to the removal of county officers. Section 10. Revenue Bonds. The Authority, or any authority or body which had 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 in a sum not to exceed five million dollars ($5,000,000.00) outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, payable semi-annually, 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.

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Section 11. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, 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 12. Same; Signatures; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 13. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 14. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest 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 a greater rate than the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, computed with relation to the absolute

Page 3438

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. Section 15. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the scme fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Section 16. 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 17. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 18. Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

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Section 19. Credit Not Pledged. Revenue Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Oconee County or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 20. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including 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 moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of 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

Page 3440

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 21. Same; To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution provided 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 22. Same; 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 payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Page 3441

Section 23. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder 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 24. Same; Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 25. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Oconee 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 26. Same; Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for furnishing or receiving the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or

Page 3442

instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Oconee County Water Sewerage and Garbage Authority. Section 27. Same; Interests of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 28. Moneys Received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 29. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to the Oconee County water system, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution systems and where neither any county nor municipality deems it desirable or feasible to furnish water in

Page 3443

such locality. It is also the general purpose of the Authority to treat and dispose of sewerage and provide the necessary facilities for said purpose, and to pick up and dispose of garbage throughout the area. Section 30. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water and sewerage utility systems, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 31. Coordination with the Oconee County Planning Commission. The Authority shall submit to the Oconee County Planning Commission all plans relating to the construction of facilities to provide services for large residential subdivision, commercial centers or industrial plants, so that the Planning Commission will have an opportunity to make comments or recommendations on same. Section 32. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished. Section 33. Financial Statements and Audit Reports. (a) The Authority shall establish a fiscal year for its operation, and as soon after the end of each fiscal year as is feasible, the Authority shall cause to be prepared and printed a report and financial statement of the Authority's operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the governing authority of Oconee County, and additional copies shall be made available for distribution to the general public on written requests therefor.

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(b) The Authority shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records and accounts of the Authority for the purpose of auditing and reporting upon its financial statement for such year. The report of such auditors shall be appended to such financial statement. (c) Whenever the Authority deems it necessary or advisable, it shall be authorized to employ a firm of qualified independent engineers to survey the condition of the Authority's facilities and operations from an engineering standpoint and make a report thereof together with its recommendations for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of Oconee County and to the governing authority of each municipality located therein, and additional copies shall be made available for distribution to the general public on written requests therefor. Section 34. Powers Declared Supplemental and Additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 35. Liberal Construction of Act. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effet the purposes hereof. Section 36. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 37. Repeal. This Act does not in any way take from Oconee County or any municipality located therein or any adjoining county the authority to own, operate and maintain water systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia.

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Section 38. General repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that during the regular 1980 Session of the General Assembly of Georgia, a bill will be introduced creating a Public Utility Authority, named as follows: Oconee Public Utility Authority. The purpose of the proposed Authority is to acquire, construct, operate and maintain water supply and water distribution systems, and create and operate other utilities, for the use and benefit of the residents of Oconee County, Georgia. James H. Mosbey, Jr. Attorney for the Proposed Oconee Public Utility Authority on behalf of the Oconee County Commissioners and Mayor and Council of Watkinsville As per the attached Affidavit of Publication this is to Certify the above is a True Copy of the Notice of Intention to Introduce Local Legislation as run in the Oconee Enterprise on January 17, 24, 31, 1980. Roger L. Collins Editor, Carol W. White Notary Public, (Seal).

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AFFIDAVIT OF PUBLICATION Georgia, Oconee County. I, Roger L. Collins, being first duly sworn depose and say that I am the editor of the Oconee Enterprise, a weekly newspaper published at Watkinsville, in Oconee County, State of Georgia, and that the attached Notice of Intention to Introduce Local Legislation was printed under the heading of Legal Notices and published in said newspaper three consecutive weeks, and that the date of the first publication was January 17, 1980, and the date of the last publication was January 31, 1980. Roger L. Collins State of Georgia, County of Oconee: Before me the undersigned Notary Public, duly commissioned and qualified, this day personally appeared at the place above named Roger L. Collins, who declared that he knew the contents of the foregoing instrument, and acknowledged he signed the same as his own free act and deed. Witness my hand and seal this 31st day of January, 1980. Carol W. White Notary Public (Seal). Approved March 18, 1980.

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MURRAY COUNTY WATER AND SEWER AUTHORITY ACT. No. 814 (House Bill No. 1600). AN ACT To create the Murray County Water and Sewer Authority; to authorize the authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize the authority to acquire, construct, operate, and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the election of members of the authority and their tenure of office, qualifications, duties, powers, method of filling vacancies, and compensation; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide that no debt of Murray County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of refunding bonds; to provide for venue and jurisdiction of certain actions; to provide for the validation of bonds; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Short title. This Act shall be known and may be cited as the Murray County Water and Sewer Authority Act.

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Section 2. Murray County Water and Sewer Authority. (a) There is hereby created a body corporate and politic, to be known as the Murray County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members. The following persons are hereby initially designated and appointed as members of the Murray County Water and Sewer Authority: (1) Mr. C. W. Holcomb, who shall hold an initial term of office expiring on March 31, 1981; (2) Mrs. Bob Hill, who shall hold an initial term of office expiring on March 31, 1982; (3) Mr. Carlton Petty, who shall hold an initial term of office expiring on March 31, 1983; (4) Mr. Roy Southerland, who shall hold an initial term of office expiring on March 31, 1984; and (5) Mrs. Jaroyd Smith, who shall hold an initial term of office expiring on March 31, 1985. The initial members of the authority shall enter upon the duties of their office on the effective date of this Act and shall serve until the expiration of their respective terms of office or until their successors are duly elected and qualified. During the month of March, 1981, and in the month of March of each year thereafter, a meeting of those persons, firms, corporations, companies, and organizations who use the facilities of the authority shall be called by the authority for the purpose of electing successors to those members whose terms expire in such year. Said meeting shall be called and conducted as hereinafter prescribed. Except as otherwise provided herein, each member elected by the users of the system shall enter upon the duties of his office on March 31 immediately following his election and shall serve for a term of office of five years and until his successor is duly elected and qualified. Members of the authority

Page 3449

may serve with or without compensation and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the authority. (c) To be eligible for election as a member of the authority, a person shall be at least 18 years of age and a resident of Murray County for at least two years prior to the date of his election, shall not have been convicted of a felony, and at the time of election shall be a user of the facilities of the authority. The provisions of this subsection shall not apply to the initial members of the authority appointed under the provisions of this section. (d) The members of the authority shall elect one of their number as chairman and another as vice chairman and they may also elect a secretary and treasurer or a secretary or a treasurer, who need not be a member of the authority. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) In the event of a vacancy by reason of death, disqualifications, resignation, or other reason, the remaining members of the authority, provided at least three members remain on the authority, shall elect by majority vote a qualified person to fill the vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony, who moves his residence from Murray County, or who is indicted or charged with any act of misfeasance, malfeasance, or nonfeasance by the Murray County grand jury acting in its sole discretion. If, for any reason whatsoever, the users of

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the system shall fail to elect a member at any annual meeting to replace a member whose term expires, the remaining members of the authority, provided at least three members remain on the authority, shall elect by majority vote a duly qualified person as a member of the authority to serve until the next annual meeting of the users. (g) In the event that there are three or more vacancies on the authority at any one time, the commissioner of Murray County or any other officer who or commission which might succeed to his duties in the future shall appoint the number of qualified persons needed to bring the total number of persons on the authority up to three. The authority shall then elect qualified persons in the manner described above to fill the remaining vacancies. All persons so appointed by the commissioner of Murray County shall serve until the next annual election by the users of the system, at which time the users of the system shall elect qualified persons to fill the remaining terms of the members whose vacated positions had been filled by appointment by said commissioner of Murray County. (h) Annual meetings of the users of the facilities of the authority shall be held in March of each year. Such annual meeting shall be called by the authority, after notice thereof has been published in the newspaper in Murray County in which the sheriff's advertisements are published at least ten days prior to the date of such meeting. The authority is hereby authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections. (i) The authority shall have a complete audit of its financial condition made at least once in each calendar year by a certified public accountant. Such audit shall remain on file at the office of the authority for public inspection. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) The word authority shall mean the Murray County Water and Sewer Authority. (2) The word project shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of

Page 3451

water supply within or without the territorial boundaries of Murray County, the treatment of water; and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Murray County; and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. The word project shall also mean and include the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial; for treatment of such waste, including the acquisition and construction of treatment plants and lagoons, without and within the territorial boundaries of Murray County; and the operation, maintenance, additions, improvements, and extensions of such facilities deemed by the authority to be necessary or convenient for the efficient operation of a sanitary and storm sewer system. (3) The term cost of the project shall mean and embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during the construction and for one year after completion of construction; cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to the financing herein authorized; the construction of any project; the placing of the same in operation; and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) The terms revenue bonds and bonds as used in this Act shall mean revenue certificates 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, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.

Page 3452

(5) 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, or extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) 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; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes; and to use the 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 best advantage of the authority. In any condemnation proceedings such orders may be made by the court having jurisdiction of suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment of the reasonable value of such lands to the director, Fiscal Division, Department of Administrative Services, for the credit of the general fund of the state. Such value shall be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority;

Page 3453

(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents and attorneys and fix their respective compensations; (5) 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. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, other political subdivisions, and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, or political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or grants from the United States of America or any agency or instrumentality thereof, or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans or grants of money, materials, or property of any kind from the State of Georgia or any agency or instrumentality thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality may require;

Page 3454

(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, provided the same is not in conflict with the Constitution and laws of this state; and (11) 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 the power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority, in a sum not to exceed $5 million 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 9 percent per annum, payable at such time or times; shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6. Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

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Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attached by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of this state. Such bonds and the income thereof shall be exempt from all taxation within the state. Section 9. Same; sale, price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority 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 9 percent 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. Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be for the same purpose and shall be entitled to payment

Page 3456

from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Section 11. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Section 13. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and shall be published in the official newspaper for Murray County one time within a week of its being adopted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Murray County or 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 the payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

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Section 15. Same; trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 16. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

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Section 17. Same; sinking funds. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such 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. Such funds so pledged, from whatever source received, including 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 payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys 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 canceled and shall not again be issued. Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, 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.

Page 3459

Section 19. Same; refunding bonds. The authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Murray County and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for services and facilities of the water system for which bonds are to be issued and sought to be validated; and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same; and any municipality, county, authority, subdivision, or instrumentality contracting with the said Murray County Water and Sewer Authority. Section 22. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds;

Page 3460

and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the rights and interests of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether all proceeds from the sale of revenue bonds as grants or other contributions or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the authority. (a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to the various townships and citizens in Murray County and environs, including adjoining counties and municipalities located therein, and, further, for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there do not now exist water distribution systems or furnishing sewer facilities to such consumers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. (b) The authority shall also have the authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity. (c) The authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality without first obtaining the express written consent of the appropriate governing bodies of the above referred to water districts or municipalities.

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Section 25. Rates, charges, and revenues; use. The authority is hereby authorized to prescribe, fix, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished; and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewer utility system; and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 26. 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 and sewer service and facilities shall be furnished. Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes thereof. Section 29. Effect on other governments. This Act does not in any way take from Murray County or any municipality located therein or any adjoining county the authority to own, operate, and maintain water or sewer systems or issue revenue certificates as is provided by the Revenue Bond Law of Georgia. Section 30. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part

Page 3462

hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 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 1980 session of the General Assembly of Georgia, local legislation which consists of a bill to create the Murray County Water and Sewer Authority, and for other purposes. This 28th day of December, 1979. 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 Chatsworth Times which is the official organ of Murray County, on the following dates: January 10, 17, 24, 1980.

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/s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF DALTON COMPENSATION OF RECORDER. No. 815 (House Bill No. 1602). AN ACT To amend an Act changing the compensation of the recorder of the City of Dalton, approved March 5, 1976 (Ga. Laws 1976, p. 2916), so as to change the compensation of the recorder; to provide 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 recorder of the City of Dalton, approved March 5, 1976 (Ga. Laws 1976, p. 2916), is hereby amended by striking from Section 1 thereof the following: $7,500.00,

Page 3464

and substituting in lieu thereof the following: $9,000.00, so that when so amended Section 1 shall read as follows: Section 1. From and after the passage of this Act and by ordinance duly adopted by the Mayor and Council of The City of Dalton, the recorder shall receive an annual salary not to exceed $9,000.00 payable in equal monthly installments from the funds of The City of Dalton. Section 2. This Act shall become effective July 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia, a local bill to amend the charter of Dalton (Georgia Laws 1874, p. 181), as amended, so as to provide an increase in the Recorder's salary to $750.00 per month; to repeal conflicting laws; and for other purposes. M. Donald Ellis Mayor, The City of Dalton 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

Page 3465

official organ of Whitfield County, on the following dates: December 21, 28, 1979, January 4, 1980. /s/ Roger Williams Representative, 6th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. JEFFERSON COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 816 (House Bill No. 1608). AN ACT To amend an Act establishing a small claims court for Jefferson County, approved March 31, 1976 (Ga. Laws 1976, p. 3687), so as to change certain provisions relating to jurisdiction of the court and fees of the bailiff or sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3466

Section 1. An Act establishing a small claims court for Jefferson County, approved March 31, 1976 (Ga. Laws 1976, p. 3687), is hereby amended by striking from Section 1 the following: $1,000.00, and inserting in lieu thereof the following: $2,000.00, so that when so amended said section shall read as follows: Section 1. There is hereby created and established a Small Claims Court for Jefferson County, Georgia, to be known as the Small Claims Court of Jefferson County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking from Section 23 the following: $5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court, and inserting in lieu thereof the following: $10.00, so that when so amended said section shall read as follows: Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00. 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 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 in the 1980 session of the General Assembly of Georgia a bill to amend the act which created a Small Claims Court in and for Jefferson County and for other purposes. This 17th day of January, 1980. 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: January 17, 24, 31, 1980. /s/ Emory E. Bargeron Representative, 83rd District

Page 3468

Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. BURKE COUNTY CORONER'S COMPENSATION. No. 817 (House Bill No. 1609). AN ACT To amend an Act to provide a maximum salary for the coroner of Burke County, approved March 5, 1962 (Ga. Laws 1962, p. 2882), as amended by an Act approved April 12, 1963 (Ga. Laws 1963, p. 3452), 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 to provide a maximum salary for the coroner of Burke County, approved March 5, 1962 (Ga. Laws 1962, p. 2882), as amended by an Act approved April 12, 1963 (Ga. Laws 1963, p. 3452), is hereby amended by striking in its entirety Section 1 thereof and substituting in lieu thereof a new Section 1 to read as follows:

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Section 1. The coroner of Burke County shall be compensated on a monthly basis in the amount of $250.00, such sum to be paid from county funds. The compensation specified in this Section shall be the sole compensation to be received by the coroner for his duties as coroner and shall include any payment for his ordinary expenses as coroner. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia a bill to provide a change in the compensation of the coroner of Burke County; and for other purposes. This 14th day of January, 1980. 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: January 16, 23, 30, 1980.

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/s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. NEWTON COUNTY SMALL CLAIMS COURT, JURISDICTION. No. 818 (House Bill No. 1613). AN ACT To amend an Act creating a Small Claims Court in and for Newton County, approved March 31, 1976 (Ga. Laws 1976, p. 3807), so as to delete from said Act the provision granting to said court the powers granted to justices of the peace by the laws of the State of 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 a Small Claims Court in and for Newton County, approved March 31, 1976 (Ga. Laws 1976, p. 3807), is hereby amended by striking from Section 1 the following:

Page 3471

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, so that when so amended said section shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Newton County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved is not less than $1.00 and does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment. 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating a Small Claims Court in and for Newton County, approved March 31, 1976 (Ga. Laws 1976, p. 3807), so as to delete from said Act the provision granting to said court the powers granted to justices of the peace by the laws of the State of Georgia; and for other purposes. This 14th day of January, 1980. Philip A. Johnson, Representative, 74th District

Page 3472

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 17, 24, 31, 1980. /s/ Philip A. Johnson Representative, 74th District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3473

NEWTON COUNTY BOARD OF EDUCATION. No. 819 (House Bill No. 1614). AN ACT To amend an Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3505), so as to change the provisions relating to a quorum of said 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 providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3505), is hereby amended by striking from Section 5 the word: Four, and inserting in its place the word: Three, so that when so amended said section shall read as follows: Section 5. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman to serve for a term of two years, and such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $100.00 per month, and the chairman shall be compensated in the amount of $200.00 per month. The members and the chairman shall also receive reimbursement for actual and necessary expenses incurred in carrying out their official duties. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3474

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3505), so as to change the provisions relating to a quorum of said board of education; and for other purposes. This 14th day of January, 1980. 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 17, 24, 31, 1980. /s/ Philip A. Johnson Representative, 74th District

Page 3475

Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. SPALDING COUNTY SMALL CLAIMS COURT FEES, ETC. No. 820 (House Bill No. 1615). AN ACT To amend an Act creating a small claims court for Spalding County, approved April 28, 1969 (Ga. Laws 1969, p. 3687), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2903), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3506), so as to change certain fees and costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a small claims court for Spalding County, approved April 28, 1969 (Ga. Laws 1969, p. 3687), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2903), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3506), is hereby amended by striking from Section 8, wherever they appear, the figures $7.50 and $10.00 and inserting in lieu of each the following:

Page 3476

$12.50 plus $4.00 for each additional defendant over one, and by adding a new subsection (c) to read as follows: (c) In a procedure against a tenant holding over the total costs including service shall be $16.00., so that when so amended said section shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit with the Court the sum of $12.50 plus $4.00 for each additional defendant over one, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, that the cost for filing a claim in all cases in which the demand or value of property involved exceeds $1,000.00, shall be $12.50 plus $4.00 for each additional defendant over one; provided, further, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant, shall be $12.50 plus $4.00 for each additional defendant over one; 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 $12.50 plus $4.00 for each additional defendant over one, 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 $12.50

Page 3477

plus $4.00 for each additional defendant over one 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. (c) In a procedure against a tenant holding over the total costs including service shall be $16.00. Section 2. Said Act is further amended by adding at the end of Section 25 the following: For issuance of a fi. fa. the court shall charge and collect a fee of $2.00., so that when so amended said section shall read as follows: Section 25. The fee of marshal for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court Judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount with a minimum of $3.00. For issuance of a fi. fa. the court shall charge and collect a fee of $2.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to change the fees charged by the Small Claims Court of Spalding

Page 3478

County and the jurisdictional limits of amounts in controversy, and to repeal conflicting laws and for other purposes. This the 15th day of January, 1980. 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 19, 1980; January 26, 1980; and February 2, 1980. /s/ James R. Fortune, Jr. Representative, 71st District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal).

Page 3479

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to change the fees charged by the Small Claims Court of Spalding County and the jurisdictional limits of amounts in controversy, and to repeal conflicting laws and for other purposes. This the 15th day of January, 1980. Maureen C. Jackson, as Clerk of Spalding County Commissioners Georgia, Spalding County. I, Quimby Melton, Jr., the undersigned, as publisher of the Griffin Daily News, do hereby certify that the foregoing 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 19, 1980; January 26, 1980; and February 2, 1980. This 4th day of February, 1980. /s/ Quimby Melton, Jr., as Publisher of Griffin Daily News Griffin, Georgia Approved March 18, 1980.

Page 3480

LAURENS COUNTY OFFICE OF TREASURER ABOLISHED, ETC. No. 822 (House Bill No. 1620). AN ACT To amend an Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. Laws 1923, p. 282), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 3051), an Act approved March 21, 1969 (Ga. Laws 1969, p. 2250), and an Act approved April 19, 1973 (Ga. Laws 1973, p. 3956), by abolishing the office of county treasurer of Laurens County, Georgia; to provide for the assumption of the duties and responsibilities of the treasurer; to require the turning over of property and funds; 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. An Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. Laws 1923, p. 282), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 3051), an Act approved March 21, 1969 (Ga. Laws 1969, p. 2250), and an Act approved April 19, 1973 (Ga. Laws 1973, p. 3956), is hereby repealed in its entirety and the office of treasurer of Laurens County is hereby abolished effective January 1, 1981. Section 2. At the expiration of his term of office, the Laurens County Treasurer is authorized and directed to turn over all funds and property of Laurens County in his possession and control to the clerk of the board of commissioners of Laurens County who shall assume all of the treasurer's duties and responsibilities. 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 3481

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act which created the Office of Treasurer of Laurens County, by abolishing said office effective January 1, 1981, and for other purposes. Leon Green County Attorney Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act which created the Office of Treasurer of Laurens County, by abolishing said office effective January 1, 1981, and for other purposes. Leon Green County Attorney Georgia, Laurens County. This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 16, 23, and 30, 1980. Certified this the 31st day of January, 1980.

Page 3482

/s/ Dahlia Wren, Editor and Publisher Laurens County News Sworn to and subscribed before me, this 31st day of January, 1980. /s/ Donald W. Gillis Notary Public, Georgia State at Large. My Commission Expires Aug. 15, 1982. (Seal). Approved March 18, 1980. ROCKDALE COUNTY COMPENSATION, ETC. OF PROBATE COURT JUDGE. No. 823 (House Bill No. 1624). 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 26, 1979 (Ga. Laws 1979, p. 3164), so as to change the salary of the judge of the probate court; to authorize the judge of the probate court to participate in the Group Retirement and Hospitalization Benefit programs; 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

Page 3483

compensation, approved March 4, 1969 (Ga. Laws 1969, p. 2143), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3164), 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 $1,690.87 per month, payable from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. 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 1980 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 10 day of January 1980. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on

Page 3484

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 15, 22, 29, 1980. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. ROCKDALE COUNTY COMPENSATION, ETC. OF CLERK OF SUPERIOR COURT. No. 824 (House Bill No. 1625). 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 26, 1979 (Ga. Laws 1979, p. 3162), so as to change the salary of the clerk; to authorize the clerk to participate in the Group Retirement and Hospitalization Benefit programs; to repeal conflicting laws; and for other purposes.

Page 3485

Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3162), 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 $1,690.87 per month, payable from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. 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 1980 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 10th day of January, 1980. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County.

Page 3486

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. ROCKDALE COUNTY MAGISTRATE'S COURT ACT AMENDED. No. 825 (House Bill No. 1626). AN ACT To amend an Act creating the Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907), as amended, by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3169), so as to change the powers of the court; to change the time

Page 3487

within which the clerk is required to remit fines and forfeitures; to authorize the code enforcement officer to sign summons; to authorize the judge of the magistrate's court to appoint other persons to sign and issue summons; 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 Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907), as amended, by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3169), is hereby amended by relettering subsections (f) and (g) of Section 2 as subsections (g) and (h), respectively, and by adding a new subsection (f) to read as follows: (f) The court shall have the power to vacate a judgment during the term in which it is rendered. 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. Clerk; Duties and Bond. Said board of commissioners is further authorized and directed to elect a clerk of said magistrate's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same on or before the 15th day of the following month to the Director of Finance of Rockdale County or such other person as may be designated by the governing authority of Rockdale County, for deposit in the county depository, as general funds of Rockdale County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized. Said clerk shall give bond to Rockdale County in the sum of $10,000.00 for the faithful performance of his duties and accounting for all funds coming into his possession by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. Section 3. Said Act is further amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows:

Page 3488

Section 22. Issuance of Summons. Upon information known to or complaint lodged with the sheriff or any deputy of Rockdale County, Georgia, or the judge or clerk of said magistrate's court any person within the limits of Rockdale County charged with the violation of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said magistrate's court to answer said charge by service upon said person of a summons from said court setting forth the nature of the charge and the time and place of the hearing. Said summons shall be signed by the judge, clerk, sheriff or deputy sheriff or code enforcement officer issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence. In addition, the judge of the magistrate's court may appoint, by written order, such other person or persons as he may determine in his sound discretion to be necessary to sign and issue summons. 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 1980 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), as amended; and for other purposes. This 10th day of January, 1980. Clarence R. Vaughn, Jr. Representative, 57th District

Page 3489

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 5th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3490

ROCKDALE COUNTY COMPENSATION, ETC. OF CORONER. No. 826 (House Bill No. 1627). 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 26, 1979 (Ga. Laws 1979, p. 3159), so as to change the salary of the coroner; to authorize the coroner to participate in the Group Retirement and Hospitalization Benefit programs; 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 26, 1979 (Ga. Laws 1979, p. 3159), 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 $241.55 per month from the funds of Rockdale County. In addition to said salary, the coroner shall receive an automobile expense allowance of $120.00 per month, payable from the funds of Rockdale County. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3491

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 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 10 day of January 1980. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980. /s/ Clarence R. Vaughn, Jr. Representative, 57th District

Page 3492

Sworn to and subscribed before me, this 5th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. ROCKDALE COUNTY COMPENSATION, ETC. OF TAX COMMISSIONER. No. 827 (House Bill No. 1628). 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 26, 1979 (Ga. Laws 1979, p. 3168), so as to change the salary of the tax commissioner; to authorize the tax commissioner to participate in the Group Retirement and Hospitalization Benefit programs; 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 26, 1979 (Ga. Laws 1979, p. 3168), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

Page 3493

Section 4. The tax commissioner of Rockdale County shall receive a salary of $1,690.87 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. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. 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 1980 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 10th day of January, 1980. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen

Page 3494

which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. ROCKDALE COUNTY COMPENSATION, ETC. OF SHERIFF. No. 828 (House Bill No. 1629). 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 26, 1979 (Ga. Laws 1979, p. 3161), so as to change the compensation of the sheriff; to authorize the sheriff to participate in the Group Retirement and Hospitalization Benefit programs; 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 26,

Page 3495

1979 (Ga. Laws 1979, p. 3161), 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 $1,690.87 per month, payable from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. 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 1980 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 10th day of January, 1980. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce

Page 3496

Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. ROCKDALE COUNTY COMPENSATION, ETC. OF BOARD OF COMMISSIONERS. No. 829 (House Bill No. 1630). 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, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3166), so as to change the compensation of the chairman and the other members of the board of commissioners; to provide that members of the board of commissioners shall certify that vouchers are true and correct and make it a crime to certify falsely; to provide for penalties; to authorize the chairman and other

Page 3497

members of the board of commissioners to participate in the Group Retirement and Hospitalization Benefit programs; 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, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3166), 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 $4,140.90 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 $22,429.88 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 subsections (b) and (c) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman or either commissioner shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. (b) The board of commissioners shall be authorized to provide the chairman with a county-owned automobile which the chairman may use in carrying out his official duties, and county funds may be expended for the operation and maintenance of said automobile. The board of commissioners may provide by ordinance or resolution for the reimbursement from county funds of actual and necessary expenses incurred by the chairman and other commissioners in carrying out their official duties. No member of the board of commissioners shall receive any expense allowance, mileage allowance, or travel allowance unless such member has personally performed such service and has personally incurred the expense for mileage or travel. Each member of the board submitting a voucher shall certify that he has personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct.

Page 3498

The voucher shall contain such a certificate for the member to sign. It shall be unlawful for any member of the board to make such a certificate willfully, knowing it to be false, and any member convicted of making such a false certificate shall be punished by a fine of not more than $1,000.00 or by imprisonment of not less than one nor more than five years, or both. (c) The chairman and other members of the board of commissioners shall be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if they meet the normal eligibility requirements of the programs. 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 1980 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), as amended; and for other purposes. This 10th day of January, 1980. Clarence R. Vaughn, Jr. Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th

Page 3499

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 15, 22, 29, 1980. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF LYONS VACANCIES ON CITY COUNCIL. No. 831 (House Bill No. 1643). AN ACT To amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, so as to provide for filling vacancies on the council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3500

Section 1. An Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, is hereby amended by designating the current language of Section 5 of said Act as subsection (a) and by adding immediately following subsection (a) a new subsection (b) to read as follows: (b) (1) The office of councilman shall become vacant upon the councilman'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. (2) In the event the office of councilman becomes vacant for any reason, his successor shall be elected at the next regular municipal election to serve the remainder of the unexpired term or a full term, as the case may be. The mayor and council shall appoint an interim councilman to fill the vacant office until such successor is elected and qualified, and such appointment shall be made in the same manner in which ordinances are enacted pursuant to this charter., so that when so amended Section 5 shall read as follows: Section 5. (a) Be it further enacted that on the first Wednesday in March 1952, and biennially thereafter on the same date, an election shall be held in said city in manner and place hereafter provided for the purpose of electing a mayor and five councilmen for said city whose terms of office shall be as follows: At the first election hereunder, the mayor and councilmen from wards 1 and 3 shall be elected for a term of two years; the councilmen from wards 2 and 4 and the councilman at large shall be elected for a term of four years. Thereafter, the terms of office of all the councilmen shall be four years, and the mayor's term of office shall be four years. The terms of office shall begin the first day of April of each year following their election. The voters of the city as a whole shall elect all members of council. In case no election is held at the regular time provided herein, those selected shall serve until their successors are elected and qualified. A special election may be called by the mayor and council to be held on some other day, but the date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published

Page 3501

promptly in a newspaper of general circulation in the municipality as provided by Georgia law. (b) (1) The office of councilman shall become vacant upon the councilman'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. (2) In the event the office of councilman becomes vacant for any reason, his successor shall be elected at the next regular municipal election to serve the remainder of the unexpired term or a full term, as the case may be. The mayor and council shall appoint an interim councilman to fill the vacant office until such successor is elected and qualified, and such appointment shall be made in the same manner in which ordinances are enacted pursuant to this charter. 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 1980 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765) as amended; and for other purposes. This 9th day of January, 1980. Thomas B. Clifton, Jr. Representative, 121st District Georgia, Fulton County.

Page 3502

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: January 17, 24, 31, 1980. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. DeKALB COUNTY COMPENSATION OF JUDGE OF PROBATE COURT. No. 832 (House Bill No. 1646). AN ACT To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. Laws 1976, p. 3986), 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.

Page 3503

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. Laws 1976, p. 3986), is hereby amended by striking from Section 2 the following: (2) Judge of the Probate Court 68%, and inserting in lieu thereof the following: (2) Judge of the Probate Court 80%, so that when so amended Section 2 shall read as follows: Section 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1: (1) Sheriff 65% (2) Judge of the Probate Court 80% (3) Clerk of the Superior Court 65% (4) Tax Commissioner 65% (5) Judge of the Juvenile Court 90%. 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 to Introduce Local Legislation. Notice is hereby given of the intention to introduce during the 1980 session of the General Assembly of Georgia an act to amend

Page 3504

an act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976, (Ga. Laws 1976, Page 3986) 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. Cas Robinson Representative, 58th District DeKalb County 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 Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Cas Robinson Representative, 58th District

Page 3505

Sworn to and subscribed before me, this 16th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. TOWN OF KITE CHARTER AMENDED. No. 833 (House Bill No. 1650). AN ACT To amend an Act incorporating the Town of Kite in the County of Johnson, approved September 11, 1891 (Ga. Laws 1890-91, Vol. 2, p. 755), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2712), so as to change the number of members of the town council; to provide for qualifications of electors and manner of holding elections; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Kite in the County of Johnson, approved September 11, 1891 (Ga. Laws 1890-91, Vol. 2, p. 755), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2712), is hereby amended by striking in its entirety Section 3 thereof, which reads as follows:

Page 3506

Section 3. On the first Saturday in December, 1958, there shall be an election held for an election of a mayor and three councilmen. Such election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said town who shall be qualified to vote for the members of the General Assembly shall be qualified to vote in such election for mayor and councilmen and the person or persons who shall receive the highest number of votes for either of the above named officers shall be declared duly elected. The marshal and clerk shall be elected by the mayor and council immediately upon their election or as soon thereafter as practicable. The mayor and councilmen elected at such election shall serve for a term of two years and until their successors are elected and qualified. Thereafter, the mayor and councilmen shall be elected on the first Saturday in December in each even numbered year to serve for a term of two years and until their successors are elected and qualified. The mayor and councilmen shall assume office on January first following their election., and inserting in lieu thereof the following: Section 3. The mayor and councilman serving on the date immediately preceding the effective date of this section shall serve out their terms of office and until their successors are elected and qualified. On the first Saturday in December, 1980, there shall be an election held for an election of a mayor and five councilmen. The qualifications of electors for such election and the manner of conducting such election shall be as provided in the Georgia Municipal Election Code, as now or hereafter amended. The person or persons who shall receive the highest number of votes for either of the above-named officers shall be declared duly elected. The marshal and clerk shall be elected by the mayor and council immediately upon their election or as soon thereafter as practicable. The mayor and councilmen elected at such election shall serve for a term of two years and until their successors are elected and qualified. Thereafter, the mayor and councilmen shall be elected on the first Saturday in December in each even-numbered year to serve for a term of two years and until their successors are elected and qualified. The mayor and councilmen shall assume office on January 1 following their election.

Page 3507

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. In the next term of the General Assembly I intend to introduce a change in the number of City Councilmen for the City of Kite, Georgia and other purposes. Jimmy Lord Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Wrightsville Headlight which is the official organ of Johnson County, on the following dates: January 10, 17, 24, 1980. /s/ Jimmy Lord Representative, 105th District

Page 3508

Sworn to and subscribed before me, this 7th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. WASHINGTON COUNTY COMPENSATION OF SHERIFF'S SECRETARIES. No. 834 (House Bill No. 1651). AN ACT To amend an Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. Laws 1965, p. 2395), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3115), so as to change the compensation of the secretaries in the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. Laws 1965, p. 2395), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3115), is hereby amended by striking from Section 5 thereof the following:

Page 3509

not less than one and not more than two clerks, each of which shall be compensated in an amount not less than $6,000.00 per annum and not more than $7,300.00 per annum;, and inserting in lieu thereof the following: not less than one and not more than two secretaries, each of which shall be compensated in an amount not less than $7,300.00 and not more than $9,500.00 per annum;, so that when so amended said Section 5 shall read as follows: Section 5. The sheriff of Washington County shall be authorized to recommend, appoint and determine, within the limits provided herein, the number and salary of, and persons to serve as, each of the following sheriff's office personnel: not less than and not more than one chief deputy, to be compensated in an amount not less than $7,800.00 per annum and not more than $12,000.00 per annum; not less than five and not more than ten regular deputies, each of which shall be compensated in an amount not less than $6,825.00 per annum and not more than $10,800.00 per annum; not less than one and not more than two secretaries, each of which shall be compensated in an amount not less than $7,300.00 and not more than $9,500.00 per annum; not less than four and not more than seven jailer-dispatchers, each of which shall be compensated in an amount not less than $4,725.00 per annum and not more than $7,100.00 per annum; and no more than one investigator, although no investigator shall be required to be appointed or recommended for appointment, to be compensated in an amount not less than $8,500.00 per annum and not more than $14,000.00 per annum, provided, such investigator shall have completed at least two years of college and have obtained at least an associate degree therefrom in criminal justice or such investigator shall have served at least five years as a peace officer, as defined in Section 2 of the `Georgia Peace Officer Standards and Training Act,' as amended, and shall meet each requirement specified in subsections (a) through (h) of Section 8 of the `Georgia Peace Officer Standards and Training Act,' as amended. All such personnel shall be paid in equal monthly installments from the funds of Washington County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name such personnel and to prescribe their duties and assignments and to remove or replace any such deputies at will. Two deputies shall be assigned to the night patrol.

Page 3510

Section 2. This Act shall become effective on the first 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 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 1980 General Assembly of Georgia to amend the Act to change the compensation of Sheriff's Secretary and for other purposes. This 8th day of January, 1980. 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 Sandersville Progress which is the official organ of Washington County, on the following dates: January 10, 17, 24, 1980. /s/ Jimmy Lord Representative, 105th District

Page 3511

Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CLAYTON COUNTY COMPENSATION OF CORONER, DEPUTY CORONER, ETC. No. 835 (House Bill No. 1652). AN ACT To provide for the compensation and expenses of the Coroner of Clayton County; to provide for a deputy coroner and for his compensation; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) In lieu of all fees for his services, the Coroner of Clayton County shall receive an annual salary of $7,200.00. In addition to such salary, the Coroner shall receive an expense allowance of $2,400.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Clayton County. (b) The coroner shall be authorized to appoint a deputy coroner who shall serve only in the absence of the coroner. Such deputy coroner shall receive $25.00 per diem for services performed

Page 3512

in the absence of the coroner. The coroner and the deputy coroner are hereby authorized and directed to cooperate and consult with the Director of the State Crime Laboratory or any examiner employed by him and paid by the state when performing postmortem examinations and autopsies. Section 2. An Act providing that the Coroner of Clayton County shall be compensated on a salary rather than a fee basis, approved February 6, 1952 (Ga. Laws 1952, p. 2215), is hereby repealed in its entirety. Section 3. This Act shall become effective on the first day of the month immediately following the month during which it is signed by the Governor or during which it otherwise becomes law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill relative to the coroner of Clayton County; and for other purposes. This 15 day of January, 1980. Rudolph Johnson Representative, 72nd District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980. /s/ Jim Wood

Page 3513

Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved March 18, 1980. COMPENSATION OF CORONERS IN CERTAIN COUNTIES (90,000 - 140,000). No. 836 (House Bill No. 1653). AN ACT To repeal an Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,000 and not more than 140,000 according to the United States decennial census of 1970 or any future such census, approved February 13, 1976 (Ga. Laws 1976, p. 2655); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,000 and not more than 140,000 according to the United States decennial census of 1970 or any future such census, approved February 13, 1976 (Ga. Laws 1976, p. 2655), is hereby repealed in its entirety.

Page 3514

Section 2 . This Act shall become effective on the first day of the month immediately following the month during which it is signed by the Governor or during which it otherwise becomes law. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1980. CLAYTON COUNTY COMPENSATION OF BOARD OF COMMISSIONERS. No. 837 (House Bill No. 1654). AN ACT To amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3668), 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 April 11, 1979 (Ga. Laws 1979, p. 3668), is hereby amended by striking from Section 7 the following: $31,800.00 and $2,400.00 and $6,680.00, respectively, and inserting in lieu thereof the following:

Page 3515

$35,000.00 and $3,000.00 and $7,280.00, respectively, 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 $35,000.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The Chairman of the Board shall also receive an annual expense allowance of $3,000.00 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 $7,280.00 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 elect the Director of Finance/Comptroller, but the Chairman's selection must be confirmed by a majority vote of the entire Board. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended; and for other purposes.

Page 3516

This 15th day of January, 1980. Rudolph Johnson Representative, 72nd District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980. /s/ Jim Wood Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved March 18, 1980.

Page 3517

CLAYTON COUNTY COMPENSATION OF JUDGE OF PROBATE COURT. No. 838 (House Bill No. 1655). AN ACT To amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3649), 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 April 11, 1979 (Ga. Laws 1979, p. 3649), is hereby amended by striking from Section 1 the following: $23,375.00, and inserting in lieu thereof the following: $25,715.00, 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 $25,715.00 per annum, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Page 3518

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended; and for other purposes. This 15th day of January, 1980. Rudolph Johnson Representative, 72nd District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980. /s/ Jim Wood

Page 3519

Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved March 18, 1980. CLAYTON COUNTY COMPENSATION OF TAX COMMISSIONER. No. 839 (House Bill No. 1656). 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 April 11, 1979 (Ga. Laws 1979, p. 3651), 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 Clayton County into the office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3651), is hereby amended by striking from subsection (b) of Section 7 the following:

Page 3520

$23,375.00, and inserting in lieu thereof the following: $25,715.00, so that when so amended said subsection (b) shall read as follows: (b) The Tax Commissioner of Clayton County shall receive an annual salary of $25,715.00 which shall be paid in equal monthly installments from the funds of Clayton County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 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 August 18, 1925 (Ga. Laws 1925, p. 600), as amended; and for other purposes. This 15th day of January, 1980. Rudolph Johnson Representative, 72nd District Georgia, Clayton County.

Page 3521

Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980. /s/ Jim Wood Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal). Approved March 18, 1980. EFFINGHAM COUNTY CORONER'S COMPENSATION. No. 842 (House Bill No. 1661). AN ACT To fix the compensation of the coroner of Effingham County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The coroner of Effingham County shall be compensated in the amount of $50.00 for summoning an inquest on a dead body and returning an inquisition. Such compensation shall be paid out of the funds of Effingham County.

Page 3522

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill affecting the compensation of the Effingham County Coroner. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: January 17, 24, 31, 1980. /s/ George A. Chance, Jr. Representative, 129th District

Page 3523

Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. EFFINGHAM COUNTY BOARD OF COUNTY COMMISSIONERS. No. 843 (House Bill No. 1662). AN ACT To amend an act creating a board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended by an Act approved February 17, 1937 (Ga. Laws 1937, p. 1322), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3454), an Act approved March 26, 1969 (Ga. Laws 1969, p. 2404), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3588), so as to provide that the governing authority of Effingham County shall consist of five commissioners; to provide that said commissioners shall have jurisdiction and authority in establishing, amending, or abolishing laws and regulations governing the zoning of land, preservation of the peace and well-being of the residents of Effingham County and the protection and preservation of the property of said county in conformity with the laws of this state; to change the terms of office of certain commissioners; to authorize said commissioners to hire a county administrator; to

Page 3524

increase the compensation of said commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended by an Act approved February 17, 1937 (Ga. Laws 1937, p. 1322), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3454), an Act approved March 26, 1969 (Ga. Laws 1969, p. 2404), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3588), is hereby amended by striking Section 1 and inserting in lieu thereof the following: Section 1. The governing authority of Effingham County shall be a board of commissioners, consisting of five persons. One member shall be elected from each militia district in the said county by a majority vote of the qualified voters of said county at the next general election provided for hereinafter, and at each subsequent, alternate general election, which election shall be held under the rules, regulations, and laws governing the election of county officers in the County of Effingham. Any person seeking membership on the board shall have been a resident of the county for at least five years prior to said election, shall be at least 30 years of age, and shall be eligible to election as a member of the General Assembly of the State of Georgia. Section 2. Said Act is further amended by adding a new section between Section 1 and Section 2, to be designated Section 1A, to read as follows: Section 1A. (a) At the general election conducted in 1980, two members of said board of commissioners shall be elected for a term of two years, beginning on the first day of January, 1981, and they shall serve until their successors are elected and qualified. Said two members shall reside in Militia District 1559 and Militia District 11, respectively, and they shall be successors to the two incumbent members representing said militia districts elected pursuant to an Act approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended, whose terms of office expire in December, 1980.

Page 3525

(b) At the general election conducted in 1980, three members of said board of commissioners shall be elected for terms of four years, beginning on the first day of January, 1981, and they shall serve until their successors are elected and qualified. Said three members shall be the members of Militia District 9, Militia District 10, and Militia District 12, respectively, and shall be successors to the three incumbent members elected pursuant to an Act approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended, whose terms of office expire in December, 1980. (c) Successors to the initial members elected in 1980 pursuant to subsections (a) and (b) of this section and their successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years and until their successors are elected and qualified. Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Each member of the board, other than the chairman, shall receive as their entire compensation for services as same, the sum of $200.00 per month. The chairman shall receive, as his entire compensation, the sum of $300.00 per month. Section 4. Said Act is further amended by striking the last paragraph of Section 8 in its entirety and inserting in lieu thereof two new paragraphs to read as follows: Eighth, in establishing, amending, or abolishing ordinances, rules, and regulations in conformity with the law governing the zoning of land, preservation of the peace, and well-being of the residents of said county, and the protection and preservation of the property of said county, and to prescribe punishments for violations of ordinances and regulations enacted pursuant to this Act, such punishment not to exceed 90 days imprisonment, a $500.00 fine, or both. Ninth, to exercise such powers as are necessary to the proper exercise of the jurisdiction of the said board of commissioners; each

Page 3526

and all of the above-stated powers to be exercised in conformity to law as now existing or hereafter enacted. Section 5. Said Act is further amended by adding a new section between Section 9 and Section 10, to be designated Section 9A, to read as follows: Section 9A. The board of commissioners shall have authority to employ a county administrator annually at a reasonable salary per year, to be fixed by said board. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill to amend an Act entitled, An Act to create a Board of Commissioners of Road and Revenues for the County of Effingham to be Elected by the Qualified Voters of said County, to Define the Duties of Said Commissioners, and for other Purposes, approved July 26, 1921 (Ga. L. 1921, P. 466), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3454), and by an Act approved March 26, 1969 (Ga. L. 1969, p. 2404), and by an Act approved April 3, 1972 (Ga. L. 1972, p. 3588). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is

Page 3527

the official organ of Effingham County, on the following dates: January 17, 24, 31, 1980. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. STATE COURT OF EFFINGHAM COUNTY SALARIES OF JUDGE AND SOLICITOR. No. 844 (House Bill No. 1663). AN ACT To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. Laws 1908, p. 211), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2535) and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3322), so as to change the salary 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 Effingham County, approved July 20, 1908 (Ga. Laws 1908, p. 211), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2535)

Page 3528

and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3322), is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The judge of said court shall receive a salary of $7,200.00 per year which shall be paid monthly by the treasurer of Effingham County, and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own. Section 2. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The solicitor of said court shall receive a salary of $6,200.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County, and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose, and in addition he shall receive reimbursement for all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham 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.

Page 3529

Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill affecting the compensation of the Judge of State Court of Effingham County, Georgia. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill affecting the compensation of the Solicitor of the State Court of Effingham County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: January 17, 24, 31, 1980. /s/ George A. Chance, Jr. Representative, 129th District

Page 3530

Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. TROUP COUNTY COMPENSATION OF BOARD OF COMMISSIONERS. No. 846 (House Bill No. 1673). AN ACT To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), so as to change certain provisions relating to 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 a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p.

Page 3531

3282), is hereby amended by striking Section 7 thereof in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The Chairman of the Board of Commissioners shall be compensated in the amount of $4,800.00 per annum payable in equal monthly installments from the funds of Troup County. (b) The members of the Board of Commissioners, other than the Chairman, shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments from the funds of Troup County. (c) The Chairman and other members of the Board of Commissioners may be reimbursed from county funds for expenses actually incurred by them in carrying out their official duties in the manner prescribed by ordinance or resolution duly adopted by the Board of Commissioners. Section 2. This Act shall become effective April 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended, and for other purposes. This 18th day of January, 1980. V. Hawley Smith, Chairman Troup County Board of Commissioners

Page 3532

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 18, 25, and February 1, 1980. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 18, 1980.

Page 3533

CIVIL COURT OF RICHMOND COUNTY COSTS, SALES, ETC. No. 847 (House Bill No. 1680). AN ACT To amend an Act creating the civil court of Richmond County, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2410) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3341), so as to change who shall conduct certain sales; to change certain costs and deposits therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the civil court of Richmond County, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2410) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3341), is hereby amended by striking Section 25, Section 26, Section 29, and Section 36 in their entirety and inserting in lieu thereof a new Section 25, Section 26, Section 29, and Section 36 to read as follows: Section 25. All sales of personal property levied upon under process of civil court, or any other process, summary processes, or any other execution, executed by said civil court officers, shall take place at the courthouse door during the legal hours of sale, at public outcry, on the Monday next following ten days' advertisement by notice posted before the courthouse door and two other public places, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales are to be conducted by the marshal of said court or his deputy; provided that sales of perishable property, and sales on the premises may be made as provided by law, and provided, further, that in all cases where real estate is levied upon under a process from civil court, or any other court, the subsequent proceedings shall conform to the laws governing the sale of real estate, save and except that all advertisement and sale of real estate shall be conducted by the marshal of said court or his deputy.

Page 3534

Section 26. Be it further enacted by the authority aforesaid, that the chief judge of the civil court of Richmond County, Georgia, and the associate judge of said court shall have the same authority as the judge of the superior court to order a case reported, and they may direct the case reported when either party or counsel requests it, or when in the discretion of the judge the ends of justice require that the case may be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by discretion of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the superior court, save that the charge for such reporting shall not exceed the amount set by the Judicial Council of the State of Georgia. If either party or his counsel objects to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case unless the judge on preliminary investigation shall determine that the case is one that should be reported and shall direct it reported under the rule. Section 29. From and after the passage of this Act, it shall be necessary for the plaintiff, before or at the time of instituting any civil proceeding in said court to deposit with the clerk of said court the sum of $12.00 upon the costs that will accrue therein; provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from poverty to make the said costs deposits, he may make an affidavit to that effect and file the same with the proceeding sought to be sued out or instituted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid. Provided, nevertheless, that the clerk of said court shall not be required to file any proceedings in which the plaintiff is a nonresident and the amount involved, or the property in controversy, does not exceed $500.00, until $12.00 shall have been deposited with the clerk, of the amount involved, or the property in controversy, exceeds $500.00, until $22.00, shall have been deposited with the clerk, on account of costs. The court at any stage of such cause, on motion of the clerk, shall require such additional deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the cost taxable by law, the clerk shall refund to the depositor the excess.

Page 3535

Section 36. The scale of costs to be collected by the officers of the civil court of Richmond County, Georgia, shall be graduated and divided according to classifications as follows: (a) In all cases the costs to be charged and collected by the officers of said court shall be as set out in the following schedule: Each original summons $ 6.00 Each copy of summons 3.00 Filing amendments and subsequent pleadings 2.00 Seal .50 Affidavit and bond to obtain attachment and issuing and filing same 15.00 Entering judgment in each case 1.00 Trial of each case when same is litigated 5.00 Docketing each case 1.00 Each witness sworn .50 Issuing each execution 1.00 Each subpoena for witness 3.00 Issuing each distress warrant and filing same 6.00 Each affidavit when a case is pending .75 Answering every writ of certiorari to superior court 5.00 Presiding at trial of forcible entry and detainer 5.00 Presiding at trial of right-of-way case 5.00 Issuing rule to establish lost papers 2.00 Trying the same 5.00 Presiding at trial of nuisance case 5.00 Witnessing any paper 1.00 Affidavit and bond to obtain prejudgment garnishment and filing 6.00 Issuing summons of garnishment 6.00 Each additional copy of summons 4.00 Settling case before judgment 1.00 Claim affidavit and bond 1.50 Trying same 5.00 Certifying transcript 1.50 Issuing order to sell perishable property 5.00 Each lien foreclosure and docketing same 6.00 Each order issued by the court 2.00 Each case tried by jury 10.00 Backing fieri facias .75 Each criminal warrant issued 5.00 Serving summons of attachment 6.00 Each return of officer 2.00 Serving each copy of summons 4.00 Summoning each witness 3.00 Attending court, for each judgment rendered marshal's cost 2.00 Levying fieri facias 2.50 Settling fieri facias when property not sold 1.50 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Keeping or storage of any motor vehicle, not to exceed the actual expenses incurred For removing and/or storing property and keeping and feeding animals, the costs shall be the actual expense incurred. All sales made by marshal, amount on sales commission 6 1/4% Serving rule to establish lost paper 2.00 Every additional copy .75 Serving court 2.00 Each additional copy .75 Following property out of county, going and returning per mile .20 Levying each distress warrant 5.00 Each advertisement 3.00 Taking bond in civil cases 5.00 Taking bond in criminal cases 2.50 Serving summons of garnishment 6.00 Each additional summons including defendant 4.00 For hauling or drayage in handling of any property seized by virtue of process from court, not to exceed $ 6.00 per hour for use of any vehicle used in hauling or drayage, and $ 2.00 per hour for labor. For towing or wrecker service for motor vehicle seized under legal process, not to exceed $ 2.00 per mile, minimum charge for any vehicle seized within Richmond County, not to exceed actual cost incurred.

Page 3537

(b) The costs to be taxed in said court in criminal warrants, peace warrants, and search warrants shall be the same as those fixed by law. (c) In dispossessory warrants, distress warrants, and proceedings to eject intruders, the costs shall be $6.00 for the clerk for issuing and $6.00 for the marshal for serving the summonses, and other costs shall be the same as justice of the peace court costs. Said $12.00 shall be deposited with the clerk at time of filing and issuing of said summons. (d) In all other cases not herein specifically provided for, the costs to be taxed by the clerk shall be the same as provided by law. The marshal's costs for advertising personal property shall be $5.00. 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.

Page 3538

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a Bill to amend an act creating the Civil Court of Richmond County, Georgia, (Georgia Laws of 1974 pages 2410 et seq.) as amended, so as to provide for the cost of filing, processing, and serving all to provide an effect date; to repeal any conflicting laws; and for other purposes. This 28th day of December, 1979. J. Bacheller Flythe Chief Judge, Civil Court Richmond County, Georgia Oliver K. Mixon Associate Judge, Civil Court Richmond County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Padgett who, on oath, deposes and says that he/she is Representative from the 86th 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 2, 9, 16, 1980. /s/ Mike Padgett Representative, 86th District

Page 3539

Sworn to and subscribed before me, this 8th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. GWINNETT COUNTY RECORDER'S COURT. No. 848 (House Bill No. 1682). AN ACT To amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. Laws 1972, p. 3125), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3780), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3437), so as to provide that the governing body of Gwinnett County shall fix the compensation of the judge; to provide that certain probation shall be served under the Statewide Probation Act, as now or hereafter amended; to provide for certain witness fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. Laws 1972, p. 3125), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3780), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3437), is hereby amended by striking from Section 7 of said Act the following:

Page 3540

, but the same shall not be more than $3,600.00 per annum, so that when so amended Section 7 of said Act shall read as follows: Section 7. Judge's Compensation. The Board of Commissioners of Gwinnett County shall fix and pay the compensation of said judge. Section 2. Said Act is further amended by designating the current undesignated subsections of Section 14 of said Act as subsections (a) and (b) and by adding at the end of Section 14 the following: (c) Any person who is placed on probation under subsection (b) as a result of having been found guilty of violating any traffic law of this State shall serve such probation under the supervision of the Department of Offender Rehabilitation. Section 3. Said Act is further amended by adding immediately following Section 30 a new section to read as follows: Section 30A. Witness Fees. Any peace officer of Gwinnett County who is required to appear during off-duty hours as a witness in the recorder's court shall receive the sum of $12.00 per day. 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, 1980 Session of the General Assembly of Georgia a Bill to Amend an Act creating the Recorder's Court of Gwinnett County, Georgia, so as to clarify the provisions of said Act as to punishment; compensation; and for other purposes. /s/ Vinson Wall Representative, 61st District

Page 3541

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall who, on oath, deposes and says that he/she is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 23, 30, 1980, February 6, 1980. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 7th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3542

EFFINGHAM COUNTY BOARD OF EDUCATION, REFERENDUM. No. 849 (House Bill No. 1689). AN ACT To provide for the election of the members of the board of education of Effingham County; to provide for staggered terms; to provide for terms of office; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Effingham County shall be composed of five citizens of said county who shall be elected by the voters of the entire county as hereinafter provided. In order to provide for staggered terms of office of the members of the board of education of Effingham County, the three members of the board elected to represent Militia Districts 9, 10, and 12, respectively, shall be elected at the general election in 1980 and they shall each hold office for a reduced term of two years beginning the first day of January, 1981. The terms of office of the two members elected to represent Militia Districts 11 and 1559 shall be elected at the general election in 1980 and they shall hold office for a full term of four years beginning the first day of January, 1981. All members of the board shall serve until their successors are elected and qualified. Successors to all five of the members elected at the general election in 1980 shall be elected at the general election immediately preceding the expiration of their respective terms of office and they shall take office on the first day of January immediately following their election and they shall each serve for terms of office of four years and until their successors are elected and qualified. Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Effingham County to issue the call for an election for the purpose of submitting this Act to the electors of Effingham County for approval or rejection. The superintendent shall set the date of such election for the second Tuesday in August, 1980. At least 29 days shall intervene between the issuance of the

Page 3543

call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the election of the members of the board of education of Effingham County and providing for staggered terms of office of the members of the board be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Effingham County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Bill. Notice is hereby given that the Board of Education of Effingham County intends to apply for a local bill in the 1980 Session of the General Assembly of Georgia, conditioned upon approval by a majority of the qualified voters of Effingham County voting in a referendum thereon in the 1980 general election, to provide for the public election of the members of the Board of Education of Effingham County in staggered terms as follows: The three members from the 9th, 10th, and 12th Militia Districts elected in the 1980 General Election shall each hold office for a reduced term of two

Page 3544

years beginning January 1, 1981, and they or their successors shall stand for election in the 1982 General Election for a full four-year term beginning January 1, 1993. The terms of office of the two members from the 11th and 1559th Militia Districts elected in the 1980 General Election shall remain four years beginning on January 1, 1981. In this manner either two or three members of the Board of Education must be elected in each biennial General Election. This 14th day of January, 1980. J. Michael Moore, Superintendent of Schools and Secretary of the Board of Education of Effingham County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: January 24, 31, 1980 and February 7, 1980. /s/ George A. Chance, Jr. Representative, 129th District

Page 3545

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CLAY COUNTY SMALL CLAIMS COURT. No. 850 (House Bill No. 1690). AN ACT To create and establish a Small Claims Court in and for Clay County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, 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 Clay 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) On or before the effective date of this Act, the governing authority of Clay 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 Clay County and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the governing authority of Clay County, and such successor shall serve for the remainder of the unexpired term. (b) In order to serve as judge of the Small Claims Court created by this Act, a person must be a resident of Clay County, be at least 21 years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity. (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 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 Clay 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

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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. (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.

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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 $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (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

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both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the Superior Court of Clay County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Bailiff and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs

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

Page 3551

Page 3552

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 county governing authority. 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 $7.00, 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 1980 Session of the General Assembly to create a Small Claims Court of Clay 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 December, 1979. Bob Hanner Representative, 130th District Jimmy Hodge Timmons Senator, 11th District 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 Cuthbert Times and News Record which is the official organ of Clay County, on the following dates: January 24, 31, 1980, February 7, 1980. /s/ Bob Hanner Representative, 130th District

Page 3555

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CATOOSA COUNTY COMPENSATION OF CORONER. No. 851 (House Bill No. 1691). AN ACT To amend an Act placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. Laws 1967, p. 2222), so as to increase 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 placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. Laws 1967, p. 2222), is hereby amended by striking from Section 2 of said Act the following: $600.00, and inserting in lieu thereof the following:

Page 3556

$1,200.00, so that when so amended Section 2 shall read as follows: Section 2. The coroner shall receive an annual salary of $1,200.00, payable in equal monthly installments from the funds of Catoosa County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the salary of the Coronor of Catoosa County, Georgia at the 1980 January Session of the General Assembly of the State of Georgia. This the 19th day of December, 1979. David L. Carlock, Coroner, Catoosa County, Georgia Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issued dated, to-wit: December 27, 1979, January 3, 1980, and January 10, 1980. /s/ Jim Caldwell

Page 3557

Sworn to and subscribed before me, this the 28th day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 18, 1980. UNION COUNTY HOSPITAL AUTHORITY VACANCIES. No. 853 (House Bill No. 1693). AN ACT To provide for filling vacancies on the board of trustees of the Union County Hospital Authority; to provide for matters relative thereto; to repeal conflicting laws; and for other matters. Be it enacted by the General Assembly of Georgia: Section 1. Vacancies occurring after the effective date of this Act on the board of trustees of the Union County Hospital Authority for any reason shall be filled as follows: (a) The governing authority of Union County shall fill such vacancies for four of the five members of said board of trustees. If the vacancy is filled because of the expiration of a term of office, the person appointed by said governing authority shall be appointed for a term of six years. If the vacancy is filled for a reason other than the expiration of term, the vacancy shall be filled for the unexpired

Page 3558

term. Terms of office shall be six years for all persons appointed by said county governing authority, except for appointments to fill vacancies for unexpired terms as provided herein. (b) The fifth member of said board of trustees shall be appointed by the governing authority of the City of Blairsville when a vacancy occurs. The member appointed by the governing authority of said city shall be the member whose regular term of office expires in a year different from any other member of the board of trustees. The appointment of such member by said governing authority shall be for a term of six years, unless the appointment is made to fill the vacancy for a reason other than the expiration of the term of office, and in that event, the appointment shall be made to fill the vacancy until the expiration of the term of 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 1980 session of the General Assembly of Georgia, a bill relative to filling vacancies on the Union County Hospital authority; and for other purposes. This 18th day of January, 1980. Carlton Colwell Representative, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath,

Page 3559

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 North Georgia News which is the official organ of Union County, on the following dates: January 24, 31, 1980, February 7, 1980. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. MADISON COUNTY COMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS. No. 854 (House Bill No. 1697). AN ACT To amend an Act creating a board of commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. Laws 1965,p. 2667), as amended, particularly by an Act approved February 27, 1976 (Ga. Laws 1976, p. 2733), so as to change the compensation of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3560

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. Laws 1965, p. 2667), as amended, particularly by an Act approved February 27, 1976 (Ga. Laws 1976, p. 2733), is hereby amended by striking in its entirety subsection (a) of Section 9 thereof, which reads as follows: (a) The Chairman of the Board of Commissioners of Madison County shall receive a salary of $12,000.00 per annum payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $2,400.00 per annum payable in equal monthly installments from county funds., and inserting in lieu thereof the following: (a) The chairman of the board of commissioners of Madison County shall receive a salary of $2,400.00 per annum more than the annual salary now or hereafter received by the sheriff of Madison County. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $2,400.00 per annum payable in equal monthly installments from county funds. 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 during the regular 1980 session of the General Assembly of Georgia a bill to amend the Act creating the Board of Commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. Laws 1965, p. 2667), as amended; to repeal conflicting laws; and for other purposes.

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This 19th day of January, 1980. Louie Clark Representative, 13th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie Clark who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: January 25, 1980, February 1, 8, 1980. /s/ Louie Clark Representative, 13th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3562

MADISON COUNTY COMPENSATION OF CORONER. No. 855 (House Bill No. 1698). AN ACT To amend an Act abolishing the fee system of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County and providing in lieu thereof an annual salary, approved March 31, 1965 (Ga. Laws 1965, p. 3068), as amended, so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County and providing in lieu thereof an annual salary, approved March 31, 1965 (Ga. Laws 1965, p. 3068), as amended, is hereby amended by striking from Section 5 thereof the following: $600.00, and inserting in lieu thereof the following: $2,400.00, so that when so amended said Section 5 shall read as follows: Section 5. The coroner shall receive an annual salary of $2,400.00, payable in equal monthly installments from the funds of Madison County. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introducted at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act setting the salary of the coroner, approved March 31, 1965 (Ga. Laws 1965, p. 3068), as amended, so as to change the salary of the coroner; and for other purposes. This 19th day of January, 1980. Louie Clark Representative, 13th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie Clark who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: January 25, 1980, February 1, 8, 1980. /s/ Louie Clark Representative, 13th District

Page 3564

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CITY OF MANCHESTER CORPORATE LIMITS. No. 856 (House Bill No. 1704). AN ACT To amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2236), so as to change the corporate limits of the city; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2236), is hereby amended by adding at the end of Section 3 thereof the following: Also, all that tract or parcel of land situate and being in Land Lot 236 of the Second (Gill) District of Meriwether County, Georgia, and being described as all that part of said Land Lot 236

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which is bounded as follows: North by the north line of said Land Lot 236; East by land known as Elmer Loftin Land, South by the present city limit of the City of Manchester (being the center of Pigeon Creek); and West by west line of said Land Lot 236. Section 2. This Act shall become effective December 31, 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 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071), as amended, so as to change the corporate limits of said city; and for other purposes. This 28th day of December, 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 Talbotton News Era which

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is the official organ of Talbot County, on the following dates: January 3, 10, 17, 1980. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 11th day of February, 1980. /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 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071) as amended, so as to change the corporate limits of said city, and for other purposes. This 28th day of December, 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

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which is the official organ of Meriwether County, on the following dates: January 25, 1980, February 1, 8, 1980. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. LOWNDES COUNTY COMPENSATION OF BOARD OF COMMISSIONERS. No. 857 (House Bill No. 1717). AN ACT To amend an Act creating the board of commissioners of Lowndes County, approved February 12, 1945 (Ga. Laws 1945, p. 639), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2975) and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3126), so as to change the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of Lowndes County, approved February 12, 1945 (Ga. Laws 1945, p. 639), as amended, particularly by an Act approved March 27, 1972

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(Ga. Laws 1972, p. 2975) and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3126), is hereby amended by striking from Section 4 the following: $450.00, and inserting in lieu thereof the following: $550.00, and by striking therefrom the following: $400.00, and inserting in lieu thereof the following: $500.00, so that when so amended Section 4 shall read as follows: Section 4. On and after the effective date of this Act, the chairman of the board shall be compensated in the sum of $550.00 per month, and each of the other members of the board shall be compensated in the amount of $500.00 per month. In the event that the chairman or any other board member shall go without the limits of the county in the discharge of his duties, he shall be paid the actual expenses incurred, in addition to the aforesaid compensation. Section 2. This Act shall become effective January 1, 1981. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Georgia, Lowndes County. Notice is hereby given that there will be introduced at the 1980 Session of the General Assembly of Georgia local legislation to change the compensation of the members of the Board of Commissioners. This 16th day of January, 1980. Lowndes County Acting by and through its Board of Commissioners 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 19, 26, 1980, February 2, 1980. /s/ James M. Beck Representative, 148th District

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Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. CATOOSA COUNTY COMPENSATION, ETC. OF NAMED COUNTY OFFICERS AND EMPLOYEES. No. 858 (House Bill No. 1721). AN ACT To amend an Act placing the judge of the Probate Court and clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. Laws 1959, p. 2047), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3073) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4215), so as to increase the salary of the clerk of the superior court; to increase the maximum allowance for clerical help for the clerk; to increase the maximum allowance for clerical help for the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the judge of the Probate Court and clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. Laws 1959, p.

Page 3571

2047), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3073) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4215), is hereby amended by striking from Section 2 the following: $16,500.00, and substituting in lieu thereof the following: $20,000.00, so that when so amended Section 2 shall read as follows: Section 2. The salaries of the said county officers shall be as follows: The Judge of the Probate Court $ 7,000.00 per annum Clerk of the Superior Court $ 20,000.00 per annum All salaries payable under this Act shall be paid in equal monthly installments from funds of Catoosa County. Section 2. Said Act is further amended by striking from Section 3 the following: $12,600.00 and $13,000.00, and inserting in lieu thereof the following: $14,600.00 and $26,000.00, so that when so amended Section 3 shall read as follows: Section 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the Judge of the Probate Court $ 14,600.00 per annum Clerical help for the Clerk of the Superior Court $ 26,000.00 per annum

Page 3572

All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the salary of the Clerk of the Superior Court of Catoosa County, Georgia, and to increase the clerical allowance for said office, at the January, 1980 Session of the General Assembly of the State of Georgia. This the 19th day of December, 1979. Norman L. Stone, Clerk, Superior Court Catoosa County, Georgia

Page 3573

Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell who on oath states that he is Publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Jim Caldwell Sworn to and subscribed before me, this the 28th day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the clerical allowance in the office of the Probate Court, at the January, 1980 Session of the General Assembly of the State of Georgia. This the 19th day of December, 1979. Sam T. Dills, Probate Judge of Catoosa County, Georgia

Page 3574

Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News three times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Jim Caldwell Sworn to and subscribed before me, this the 28th day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 18, 1980.

Page 3575

EARLY COUNTY CLERK FOR BOARD OF COMMISSIONERS. No. 859 (House Bill No. 1723). AN ACT To amend an Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, p. 515), as amended, so as to change the provisions relating to the clerk of the board of commissioners; to provide for the board of commissioners to appoint a clerk of the board; to provide for the compensation of the clerk; to provide for the duties of the clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, p. 515), as amended, 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 Board of Commissioners of Early County shall appoint a clerk of such board who shall serve at the pleasure of the board and who shall keep a record of all meetings and actions of said board and shall perform such other duties as prescribed by the board or general or special law. The board shall determine the compensation of the clerk, which compensation shall be paid in equal monthly or semimonthly installments from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, P. 515), as amended; and for other purposes.

Page 3576

This 15th day of January, 1980. Ralph J. Balkcom Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph 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: January 17, 24, 31, 1980. /s/ Ralph Balkcom Representative, 140th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3577

EARLY COUNTY OFFICE OF TREASURER ABOLISHED. No. 860 (House Bill No. 1724). AN ACT To abolish the office of treasurer of Early County; to provide for the clerk of the board of commissioners of Early County to possess and discharge the duties, powers, and functions heretofore performed by the county treasurer; to provide that the board of commissioners of Early County shall appoint depositories for county funds; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective at the end of the present term of the treasurer of Early County on December 31, 1980, the office of treasurer of Early County is hereby abolished. All of the duties, powers, and functions heretofore performed by the said county treasurer shall thereafter be possessed and discharged by the clerk of the board of commissioners of Early County. Section 2. Beginning January 1, 1981, the governing authority of Early County shall from time to time, or as often as it may be deemed necessary or desirable, designate one or more duly incorporated banks to act as depositories of and for the public funds of Early County, which said bank or banks shall hold at the will of the commissioners. Section 3. Such depository or depositories shall be selected under such rules and regulations as may be prescribed by the board of commissioners of Early County. Section 4. Said depository or depositories shall furnish to the board of commissioners at the end of each month a statement showing the amount of funds deposited and paid out during the month and the balance remaining on deposit, together with all canceled checks paid during said month. Additional statements shall be furnished from time to time upon request of said board of commissioners.

Page 3578

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 1980 session of the General Assembly of Georgia a bill to abolish the office of treasurer of Early County; and for other purposes. This 15th day of January, 1980. Ralph J. Balkcom Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph 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: January 17, 24, 31, 1980. /s/ Ralph Balkcom Representative, 140th District

Page 3579

Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. LONG COUNTY TAX COMMISSIONER'S COMPENSATION. No. 861 (House Bill No. 1739). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, particularly by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3828), so as to provide that the tax commissioner shall not receive additional compensation on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, particularly by an Act approved March 16,

Page 3580

1978 (Ga. Laws 1978, p. 3828), 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. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Long County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. Except as hereinafter provided, it is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including the commission on the 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. It is specifically provided, however, that the tax commissioner shall be entitled to receive, in addition to the salary provided by Section 3 of this Act, those commissions allowed by an Act approved 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. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Long County into the office of tax commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended; and for other purposes. This 10th day of January, 1980. Thomas B. Clifton, Jr.

Page 3581

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 24, 31, 1980, February 7, 1980. /s/ Thomas B. Clifton, Jr. Representative, 121st District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3582

TOWN OF HARRISON CHARTER AMENDED. No. 862 (House Bill No. 1743). AN ACT To amend an Act providing a new charter for the Town of Harrison, approved February 28, 1966 (Ga. Laws 1966, p. 2362), so as to designate the mayor's court of the Town of Harrison as the recorder's court of the Town of Harrison; to provide for the election, qualifications, and compensation of the recorder of such court; to provide for jurisdiction; to change certain penalties; to provide for binding over to other courts; to change certain provisions as to bonds and the compelling of attendance of witnesses; to provide for jurisdiction regarding nuisances; to provide for pending cases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the Town of Harrison, approved February 28, 1966 (Ga. Laws 1966, p. 2362), is hereby amended by striking in their entirety Sections 20 and 21 thereof, which read as follows: Section 20. The mayor and council shall have powers to organize a mayor's court and the mayor, or acting mayor, shall preside on said court. The mayor, or acting mayor, may punish all violations of said ordinances of the Town of Harrison by fine not to exceed one hundred ($100.00) dollars or may sentence any violator to work on the streets of the town of Harrison for a period of not more than ninety (90) days. Section 21. The mayor shall have the power in his court, if the offense charged against the prisoner be beyond his jurisdiction, to commit said prisoner to the city court of Washington County or to the superior court of said county., and inserting in lieu thereof the following: Section 20. The mayor's court of the Town of Harrison existing immediately prior to the effective date of this section shall be

Page 3583

designated hereafter as the `recorder's court of the Town of Harrison' and shall be presided over by a recorder, who shall serve in lieu of the mayor and acting mayor. Such recorder shall possess such qualifications and shall receive such compensation as shall be fixed by the mayor and council of the Town of Harrison and shall serve at the pleasure of the mayor and council. The recorder's court of the Town of Harrison shall try and punish all violators of the ordinances of the Town of Harrison. Persons convicted of such violations may be punished by said court by a fine not to exceed $500.00 or by being sentenced to work on the streets of the Town of Harrison for a period of not more than 90 days. Section 21. The recorder's court of the Town of Harrison 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. Section 2. Said Act is further amended by striking in its entirety Sections 24 and 25 thereof, which read as follows: Section 24. The marshal or any policeman of said town shall release any person arrested for a violation of the ordinances of said town upon said person giving bond, to be approved by the mayor or acting mayor of said town, conditioned to pay to the Town of Harrison an amount fixed by the mayor or acting mayor of said town. In the event such person arrested does not appear before the corporate authorities of the town at the time and place specified in the bond, and from time to time, until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond, said bond may be forfeited before the mayor's court of said Town of Harrison. The mayor and council shall have authority to compel the attendance of witnesses, whether residents of said town or not, by imprisonment, if necessary, and to take bonds to secure their attendance, and to forfeit such bond before the mayor's court, and to pass ordinances to carry this provision into effect. Section 25. The mayor and council may by ordinance declare what shall be nuisances in said town, and by ordinance provide for the abatement of the same. The mayor's court shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances.,

Page 3584

and inserting in lieu thereof the following: Section 24. The marshal or any policeman of said town shall release any person arrested for a violation of the ordinances of said town upon said person giving bond, to be approved by the recorder's court of the Town of Harrison, conditioned to pay to the Town of Harrison an amount fixed by the recorder of said court. In the event such person arrested does not appear before the said recorder's court at the time and place specified in the bond, and from time to time, until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond, said bond may be forfeited before the recorder's court. The recorder's court shall have authority to compel the attendance of witnesses, whether residents of said town or not, by imprisonment, if necessary, and to take bonds to secure their attendance, and to forfeit such bond. Section 25. The mayor and council may by ordinance declare what shall be nuisances in said town. The recorder's court of the Town of Harrison shall have jurisdiction in respect to the trial and abatement of all such nuisances. Section 3. Nothing in this Act shall be construed to affect any case pending in the mayor's court of the Town of Harrison immediately prior to the effective date of this Act, except that the designation of such court, presiding officer of such court, and his powers shall be as provided in this Act for all such pending cases. 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. Public Notice. I intend to introduce into the next term of the Georgia General Assembly a local bill to amend the Charter of the City of Harrison

Page 3585

to establish a Recorder's Court and to establish the amount of fines and for other purposes. Jimmy Lord Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/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 17, 24, 31, 1980. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3586

GORDON COUNTY COMPENSATION OF NAMED COUNTY OFFICERS. No. 863 (House Bill No. 1746). AN ACT To amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Gordon County upon an annual salary, approved March 21, 1968 (Ga. Laws 1968, p. 2186), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2711), so as to change the provisions relative to the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Gordon County upon an annual salary, approved March 21, 1968 (Ga. Laws 1968, p. 2186), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2711), is hereby amended by striking from Section 2 the following: $15,000.00, and inserting in lieu thereof the following: $20,000.00, so that when so amended Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Gordon County shall receive a salary of $20,000.00 per annum which shall be paid in equal monthly installments from the funds of Gordon County. Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The Judge of the Probate Court of Gordon County shall receive a salary of $18,200.00 per annum which shall be paid

Page 3587

in equal monthly installments from the funds of Gordon County. In addition thereto, said judge of the probate court shall receive the compensation provided for judges of the probate courts by Section 2 of the Act providing minimum salaries for judges of the probate courts of the various counties, approved April 5, 1978 (Ga. Laws 1978, p. 1953). Section 3. 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 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the Superior Court and the judge of the Probate Court of Gordon County upon an annual salary, approved March 21, 1968 (Ga. Laws 1968, p. 2186), as amended; and for other purposes. This 18th day of January, 1980. Earnest Ralston Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earnest 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 and Gordon County News which is the official organ of Gordon County, on the following dates: January 23, 30, February 6, 1980.

Page 3588

/s/ Earnest Ralston Representative. 7th District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. GORDON COUNTY COMPENSATION OF TAX COMMISSIONER. No. 864 (House Bill No. 1747). AN ACT To amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, approved March 18, 1964 (Ga. Laws 1964, p. 3066), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2713), so as to change the provisions relative to the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, approved March 18, 1964 (Ga. Laws 1964, p.

Page 3589

3066), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2713), is hereby amended by striking from Section 2 the figure $15,000.00 and inserting in lieu thereof the figure $20,000.00, so that when so amended Section 2 shall read as follows: Section 2. The tax commissioner shall receive an annual salary of $20,000.00, payable in equal monthly installments from the funds of Gordon County. Section 2. This Act shall become effective 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 at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing an annual salary for said officer, approved March 18, 1964 (Ga. Laws 1964, p. 3066), as amended; and for other purposes. This 18th day of January, 1980. Ernest Ralston Representative, 7th District 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,

Page 3590

and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times and Gordon County News which is the official organ of Gordon County, on the following dates: January 23, 30, February 6, 1980. /s/ Ernest Ralston Representative, 7th District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. UPSON COUNTY COMPENSATION OF JUDGE OF PROBATE COURT. No. 865 (House Bill No. 1757). AN ACT To amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2091), as amended, particularly by an Act approved January 6, 1977 (Ga. Laws 1977, p. 2748), so as to allow, at the option of the governing authority of Upson County, Georgia, annual increases in compensation of the Judge of the Probate Court of Upson County; to

Page 3591

provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2091), as amended, particularly by an Act approved January 6, 1977 (Ga. Laws 1977, p. 2748), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The method of compensating the Judge of the Probate Court of Upson County, known as the fee system is hereby abolished and in lieu thereof the said judge shall receive a salary of twelve thousand five hundred dollars ($12,500.00) per annum, payable in equal monthly installments from the funds of Upson County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of any nature whatsoever heretofore allowed as compensation to the said judge, regardless of the capacity in which said judge's services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered; provided, however, that notwithstanding any other provision hereof, the said judge of the probate court shall also be entitled to receive, in addition to the salary herein provided, the additional salary allowed to judges of probate courts for conducting elections and for being responsible for traffic cases authorized by section 2 of an Act providing minimum salaries for judges of the probate court, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as now or hereafter amended; and provided, further, that said judge of the probate court shall also be entitled to receive annual increases in salary authorized by section 3 of said 1978 Act, as now or hereafter amended. The governing authority of Upson County is hereby empowered to make annual increases in the salary of the said judge of the probate court, but shall not be required to do so, which increases, if made, shall be at any rate not greater than six percent of the total salary of said judge of the probate court in the previous year. Section 2 . The salary payments due said judge of the probate court for that portion of the calendar year 1980 remaining after the

Page 3592

effective date of this Act, at the discretion of the governing authority of Upson County, Georgia, may be adjusted proportionately by an amount not to exceed six percent of said salary during the calendar year 1980. 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 1980 session of the General Assembly of Georgia a local bill to grant authority to the governing authority of Upson County to adjust the salary of the judge of the probate court of Upson County, Georgia, by a rate not to exceed six percent; to provide an effective date therefor; to repeal conflicting laws; and for other purposes. The 15th day of January, 1980. Upson County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Thomaston Times which is the official organ of Upson County, on the following dates: January 16, 23, 30, 1980. /s/ Marvin Adams Representative, 79th District

Page 3593

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. LAMAR COUNTY COMPENSATION OF BOARD OF COMMISSIONERS. No. 866 (House Bill No. 1758). AN ACT To amend an Act creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. Laws 1943, p. 1066), as amended, so as to change the provisions relating to the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. Laws 1943, p. 1066), as amended, is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

Page 3594

Section 6. The chairman of the board shall receive as compensation for his services as such the sum of $350.00 per month. In addition to such compensation, the chairman of the board shall also receive an expense allowance of $150.00 per month. The other members of the board shall receive as compensation for their services as such the sum of $300.00 per month. In addition, the chairman and other two members of the board shall receive actual expenses incurred by them while conducting county business outside Lamar County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that there be introduced at the regular session of the Georgia General Assembly, a bill to amend an Act creating the Board of Commissioners for Lamar County, approved March 8, 1943, as amended, so as to change provisions relative to compensation of the Chairman and Board members; to provide for other matters relative to the foregoing; to repeal conflicting laws and for other purposes. Lamar County Board of Commissioners By: Gus M. English, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and

Page 3595

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: January 24, 31, 1980, February 7, 1980. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. LAMAR COUNTY COMPENSATION OF JUDGE OF PROBATE COURT. No. 867 (House Bill No. 1759). 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, so as to change the compensation of the said judge; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3596

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, 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 $14,000.00. 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. Notice of Intent to Introduce Legislation. Notice is hereby given that there be introduced at the regular session of the Georgia General Assembly, a bill to amend an Act providing an annual salary for the Probate Judge of Lamar County, approved March 27, 1972, Georgia Laws 1972, page 2636, as amended, so as to change provisions relating to the compensation of said Judge: To provide for other matters relative to the foregoing: to repeal conflicting laws and for other purposes. Lamar County Board of Commissioners By: Gus M. English, Chairman

Page 3597

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: January 24, 31, 1980, February 7, 1980. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980. LAMAR COUNTY COMPENSATION OF TAX COMMISSIONER. No. 868 (House Bill No. 1760). 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, so as to change the compensation of said tax commissioner;

Page 3598

to provide 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, 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 $14,000.00. 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. Notice of Intent to Introduce Legislation. Notice is hereby given that there be introduced at the regular session of the Georgia General Assembly, a bill to amend an Act providing an annual salary for the Tax Commissioner of Lamar County, approved March 27, 1972, Georgia Laws of 1972, page 2639, as amended, so as to change provisions relating to the compensation of said Tax Commissioner; to provide for other matters relative to the foregoing; to repeal conflicting laws and for other purposes. Lamar County Board of Commissioners By: Gus M. English, Chairman

Page 3599

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: January 24, 31, 1980, February 7, 1980. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 18, 1980.

Page 3600

COMPENSATION OF NAMED OFFICERS OF CERTAIN COUNTIES (180,000 - 190,000). No. 869 (House Bill No. 1862). AN ACT To amend 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, approved March 2, 1979 (Ga. Laws 1979, p. 3085), so as to change the compensation of certain officers; to provide for the compensation of certain officers; to provide for severability; to repeal certain specific Acts; 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 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, approved March 2, 1979 (Ga. Laws 1979, p. 3085), is hereby amended by striking subsection (a) of Section 1 of said Act, which reads as follows: (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 $30,000.00 per annum., and substituting in lieu thereof the following:

Page 3601

(a) (1) Notwithstanding any other provisions of the law to the contrary 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 be not less than the salary set forth as follows: Tax Commissioner $28,500.00 per annum Sheriff $28,000.00 per annum Clerk of the Superior Court $27,500.00 per annum Clerk of the State Court $25,000.00 per annum Sheriff of the State Court $27,500.00 per annum Judge of the Municipal Court $22,000 per annum Judge of the Recorder's Court $36,000.00 per annum Judge of the Probate Court $36,000.00 per annum Judge of the Juvenile Court $36,000.00 per annum Judge of the State Court $40,000.00 per annum Coroner $ 7,800.00 per annum. Section 2 . Said Act is further amended by adding, immediately following paragraph (1) of subsection (a) of Section 1 of said Act, the following: (2) Notwithstanding any other provisions of the law to the contrary 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 exceed the salary set forth as follows: Chairman of the Board of Commissioners $ 15,000.00 per annum Members of the Board of Commissioners $ 7,200.00 per annum.

Page 3602

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 . (a) An Act to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census, approved April 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. (b) An Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), as amended by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4095), is hereby repealed in its entirety. Section 5 . This Act shall become effective on January 1, 1981, except for the provisions of this Act fixing the compensation of the Judge of the Juvenile Court, which shall become effective on July 1, 1980. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1980.

Page 3603

W. B. SMITH MEMORIAL BRIDGE DESIGNATED. No. 98 (House Resolution No. 573-1536). A RESOLUTION Designating a certain bridge as the W. B. Smith Memorial Bridge; and for other purposes. WHEREAS, the late W. B. Smith was active in both civic and community affairs in Washington County; and WHEREAS, he was a major employer in the City of Tennille; and WHEREAS, he was a former mayor of the City of Tennille and a former commissioner of Washington County; and WHEREAS, his devotion and loyalty to his community will always be symbolized as a bridge of strength for those who follow him in public service; and WHEREAS, it is only fitting and proper that the lifetime of outstanding service by W. B. Smith to the City of Tennille, Washington County, and the State of Georgia be honored with a memorial bridge. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the grade separation bridge spanning the tracks of Southern Railroad in the City of Tennille and scheduled for completion in December, 1980, shall be designated the W. B. Smith Memorial Bridge. BE IT FURTHER RESOLVED that, upon completion of the bridge, the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the W. B. Smith Memorial Bridge.

Page 3604

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the family of the late W. B. Smith. Approved March 21, 1980. STONEWALL JACKSON PATTERSON MEMORIAL BRIDGE. No. 100 (House Resolution No. 682-1706). A RESOLUTION Authorizing and directing the State Department of Transportation to designate a bridge in Stewart County, Georgia, as the Stonewall Jackson Patterson Memorial Bridge; and for other purposes. WHEREAS, Mr. Stonewall Jackson Patterson was a long-time and distinguished resident of Chattahoochee County, Georgia; and WHEREAS, Mr. Patterson was the son of pioneers, Robert Carr and Hester Shaw Patterson, who settled in what is now Chattahoochee County in 1833; and WHEREAS, Mr. Patterson was a leader in the political affairs of the community, having served on the Chattahoochee County Commission for 28 years; and WHEREAS, Mr. Patterson was also a leader in the agricultural development of the area, having brought the first purebred Hereford cattle there in 1912; and WHEREAS, Mr. Patterson operated a country store, cotton gin, and sawmill in Renfroe, Georgia, where several generations of descendants of Mr. Patterson still live.

Page 3605

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to designate the bridge on the Stewart and Chattahoochee county line immediately east of State Route 55 which crosses the Seaboard Coastline Railroad at Renfroe, Georgia, and is shown on County Road 102 as the Stonewall Jackson Patterson Memorial Bridge. BE IT FURTHER RESOLVED that the State Department of Transportation is hereby authorized and directed to erect an appropriate marker at each end of the bridge in honor of Mr. Stonewall Jackson Patterson. Approved March 21, 1980. STATE COURT OF HALL COUNTY JUDGE'S COMPENSATION. No. 1018 (Senate Bill No. 218). AN ACT To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The judge of said court shall receive a salary of $32,500.00 per annum. The solicitor of said court shall receive a

Page 3606

salary of $24,000.00 per annum. Said salaries shall be paid in equal monthly installments from the funds of Hall County. Section 2. This Act shall become effective on July 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1979 Session of the General Assembly a bill to amend an Act creating the City (now State Court) of Hall County, as amended, March 30, 1971, Ga. L. 1971, vol 2, p. 2505 and as amended March 31, 1976, Ga. L. 1976, vol 2, p. 3773, so as to change the compensation of the judge of said court and to provide for an effective date, and for other purposes. This 17th day of January, 1979. Howard T. Overby State Senator 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/she 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, 1979, January 24, 1979 and January 31, 1979. /s/ Howard T. Overby Senator, 49th District

Page 3607

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 March 21, 1980. CORONERS' COMPENSATION IN CERTAIN COUNTIES (33,600 - 34,500). No. 1019 (Senate Bill No. 333). AN ACT To amend an Act changing the fee of the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisition, approved March 30, 1977 (Ga. Laws 1977, p. 4212), so as to change the amount of the fee; to provide 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 fee of the coroner of any county of this State having a population of not less than 33,600 and not

Page 3608

more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisition, approved March 30, 1977 (Ga. Laws 1977, p. 4212), is hereby amended by striking from Section 1 the following: $35, and inserting in lieu thereof the following: $50, so that when so amended Section 1 shall read as follows: Section 1. Any other provision of law to the contrary notwithstanding, the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, shall receive a fee of $50 for summoning an inquest on a dead body and returning an inquisition. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1980. STATE COURT OF COBB COUNTY JUDGE PRO HAC VICE. No. 1020 (Senate Bill No. 440). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,

Page 3609

so as to change certain provisions relating to the judge pro hac vice; 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 hereby amended by striking Section 13 thereof in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. Judge pro hac vice. The judges of the state court may appoint some qualified person as a judge pro hac vice to discharge the duties of the judges temporarily when the services of a judge pro hac vice are required or when the judges are unable or disqualified to discharge the duties of their office. In the event the judges disagree as to the selection of a judge pro hac vice or any other matter respecting the judge pro hac vice, the judge senior in service shall make the decision. When the appointment of such a person as judge pro hac vice, together with his oath, which shall be the same as is required of the judge, has been recorded in the office of the judge of the probate court of the county, such judge pro hac vice may exercise all the powers of the judges of the state court. His appointment may be vacated at any time by order of the judges to be likewise recorded, and any other competent person who is a resident of Cobb County may be appointed as judge pro hac vice as herein provided. The compensation of such judge pro hac vice shall be set by the judges of the state court and shall 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 1980 session of the General Assembly of Georgia, a bill to

Page 3610

amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211) and for other purposes. This 4 day of Jan. 1980. 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/she 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 4, 11, 18, 1980. /s/ Roy E. Barnes Senator, 33rd District

Page 3611

Sworn to and subscribed before me, this 22nd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. FULTON COUNTY EMPLOYEES PENSION SYSTEM. No. 1021 (Senate Bill No. 443). AN ACT To amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, so as to provide that years of creditable service shall include certain unused sick leave; to provide for funding; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, is hereby amended by adding at the end thereof a new section to read as follows:

Page 3612

Notwithstanding any other provision of this Act, when any person shall retire under the provisions of this Act `years of creditable service' used for the computation for pension benefits shall include all unused sick leave which shall be to the credit of such individual not exceeding a total of 90 working days. It shall be the duty of the governing authority of Fulton County to appropriate and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of the members' salary and wages necessary to pay the cost of the benefits provided pursuant to this section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1980 Session of the General Assembly of Georgia for local legislation to amend the Act approved March 3, 1939 (Ga. Laws 1939, p. 571), authorizing the Board of Commissioners of Fulton County to establish Rules and Regulations governing the payment of pensions to County employees of said County..... and for other purposes; and any matter germane to this general subject may be included in such legislation or by amendment thereto. Avanelle S. McHan Executive Secretary Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Perry Hudson who, on oath, deposes and says that he/she is Senator from the 35th District, and that the

Page 3613

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 19, 1979, December 26, 1979, January 2, 1980. /s/ Perry Hudson Senator, 35th District Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. JONES COUNTY TAX COLLECTOR PLACED ON SALARY BASIS. No. 1022 (Senate Bill No. 462). AN ACT To abolish the present mode of compensating the tax collector of Jones County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; 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

Page 3614

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 tax collector of Jones County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2. (a) The tax collector of Jones County shall receive an annual salary as provided by Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as now or hereafter amended; provided, however, that any tax collector of Jones County with at least 12 years of service in such office shall receive an annual salary of $25,000.00, payable in equal monthly installments from county funds. (b) In addition to the salary provided in subsection (a) above, the tax collector shall be entitled to those commissions allowed tax collectors and tax receivers on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest as provided in subsection (c)(1) of Code Section 91A-1370 and all commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the Department of Revenue of the State of Georgia. (c) (1) Jones County shall pay its one-half of contributions of the tax collector required by the Federal Insurance Contributions Act, as now or hereafter amended, and all such payments shall be in addition to the regular compensation authorized by Section 2 of this Act. (2) The amount paid by Jones County under paragraph (1) shall be included and reported as gross income of the tax collector for all state and federal income tax purposes.

Page 3615

Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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 tax collector 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. (a) The tax collector shall have the authority to appoint one full-time deputy who shall receive an annual minimum salary of $6,500.00, payable in equal monthly installments from county funds. The tax collector shall have the authority to increase the annual salary of such full-time deputy, subject to the approval of the governing authority of Jones County. Provided, however, that, notwithstanding any other provisions of this Act, the salary of any full-time deputy employed on the effective date of this Act shall not be reduced by the governing authority of Jones County below the salary paid to such officer in February, 1980. (b) The tax collector, with the approval of the governing authority of Jones County, shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such additional 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 determine the number of such personnel and to fix the compensation to be received by each such employee in said office. It shall be within the sole power and authority of the tax collector, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.

Page 3616

Section 5. The necessary operating expenses of the tax collector'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 by the tax collector subject to the approval of the governing authority of Jones 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to change the method of compensating the tax collector of Jones County; to provide an annual salary for the tax collector; to provide for expenses of said office; to provide for personnel and their compensation; and for other purposes. This 27th day of December, 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

Page 3617

and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. JONES COUNTY TAX RECEIVER PLACED ON SALARY BASIS. No. 1023 (Senate Bill No. 463). AN ACT To abolish the present mode of compensating the tax receiver of Jones County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become

Page 3618

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 tax receiver of Jones County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2. The tax receiver of Jones County shall receive as an annual salary from county funds the sum of $10,000.00; provided, however, that any tax receiver of Jones County with at least four years of service in such office shall receive an annual salary of $14,500.00, payable in equal monthly installments from county funds, and said salary of $14,500.00 shall be increased by 5 percent for each year of office served by the tax receiver figured at the end of each such period of service. Such cost-of-living increases shall not have retroactive effect but shall begin January 1, 1982. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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 tax receiver 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. (a) The tax receiver shall have the authority to appoint one full-time deputy who shall receive an annual minimum salary of $6,500.00, payable in equal monthly installments from

Page 3619

county funds. The tax receiver shall have the authority to increase the annual salary of the full-time deputy subject to the approval of the governing authority of Jones County. (b) The tax receiver, with the approval of the governing authority of Jones County, shall have the authority to appoint such additional deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such additional 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 determine the number of such personnel and to fix the compensation to be received by each such employee in said office. It shall be within the sole power and authority of the tax receiver, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. Section 5. The necessary operating expenses of the tax receiver'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 by the tax receiver subject to the approval of the governing authority of Jones 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.

Page 3620

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to change the method of compensating the tax receiver of Jones County; to provide an annual salary for the tax receiver; to provide for expenses of said office; to provide for personnel and their compensation; and for other purposes. This 27th day of December, 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/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Culver Kidd Senator, 25th District

Page 3621

Sworn to and subscribed before me, this 18th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. JONES COUNTY CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 1024 (Senate Bill No. 464). AN ACT To abolish the present mode of compensating the clerk of the superior court of Jones County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; 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 Jones County, known as the fee system, is hereby

Page 3622

abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2. The clerk of the superior court of Jones County shall receive an annual salary as provided by an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended; provided, however, that any clerk of the superior court of Jones County with at least 15 years of service in such office shall receive an annual salary of $21,500.00, payable in equal monthly installments from county funds; and such amount ($21,500.00) shall be increased by a minimum of 3 percent for each year of office served by the clerk figured at the end of each such period of service. Such cost-of-living increases shall not have retroactive effect but shall begin January 1, 1982. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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, 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. (a) The clerk of the superior court shall have the authority to appoint a chief deputy clerk who shall receive a minimum annual salary of $6,500.00, payable in equal monthly installments from county funds. The clerk of the superior court shall have the authority to increase such annual salary of the chief deputy clerk, subject to the approval of the governing authority of Jones County. (b) The clerk of the superior court shall have the authority to appoint one deputy clerk who shall receive a minimum annual salary of $6,500.00, payable in equal monthly installments from county funds. The clerk of the superior court shall have the authority

Page 3623

to increase such annual salary of the deputy clerk, subject to the approval of the governing authority of Jones County. (c) The clerk of the superior court, subject to the approval of the governing authority of Jones County, shall have the authority to appoint such additional deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such additional 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 determine the number of such personnel and to fix the compensation to be received by each such 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; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. (d) Notwithstanding any other provisions of this Act, the salary of any chief deputy clerk or deputy clerk employed on the effective date of this Act shall not be reduced by the governing authority of Jones County below the salaries paid to such persons in February, 1980. Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, 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 by the clerk of the superior court of Jones County but subject to the approval of the governing authority of Jones County. Section 6. This Act shall become effective January 1, 1981.

Page 3624

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 1980 session of the General Assembly of Georgia a bill to change the method of compensating the clerk of the superior court of Jones County; to provide an annual salary for the clerk; to provide for expenses of said office; to provide for personnel and their compensation; and for other purposes. This 27th day of December, 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/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980. /s/ Culver Kidd Senator, 25th District

Page 3625

Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. JONES COUNTY COMPENSATION, ETC. OF BOARD OF COMMISSIONERS. No. 1025 (Senate Bill No. 465). AN ACT To amend an Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. Laws 1974, p. 2162), as amended, so as to change the provisions relating to the compensation and travel expenses of members of the board; to change the provisions relating to purchases and bids; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. Laws 1974, p. 2162), as amended, is hereby amended by striking from Section 8 the following: ten cents per mile,

Page 3626

and inserting in lieu thereof the following: eighteen cents per mile, so that when so amended Section 8 shall read as follows: Section 8. The chairman of said board shall receive as compensation the sum of four hundred dollars ($400.00) per month, and the remaining members of said board shall each receive as compensation the sum of three hundred dollars ($300.00) per month. Said members, when traveling outside of the county on county business, shall also receive travel expenses, computed at eighteen cents per mile traveled, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board shall receive a monthly expense allowance of fifty dollars ($50.00), payable out of the funds of Jones County. Section 2. Said Act is further amended by striking from Section 15 the following: one thousand dollars ($1,000.00), and inserting in lieu thereof the following: five thousand dollars ($5,000.00), so that when so amended Section 15 shall read as follows: Section 15. All purchases of supplies, equipment and other materials and services in an amount in excess of five thousand dollars ($5,000.00) shall be by competitive bids with advertisement of said purchases to be published in the official organ of Jones County once a week for two weeks before the date of purchase. The board shall obtain at least three competitive bids, and the board shall accept the best bid in accordance with the terms of the advertisement. The provisions of this Section shall not apply to emergency purchases or repairs. No purchase by the county shall be made from a relative of a member of the board within the first degree of kinship, except by sealed bid as hereinabove provided.

Page 3627

Section 3. This Act shall become effective July 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 1980 session of the General Assembly of Georgia a bill to amend the Board of Commissioners Act for compensation of travel expenses and the maximum amount for purchase of equipment effective January 1, 1981. This 27th day of December, 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/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Culver Kidd Senator, 25th District

Page 3628

Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. JONES COUNTY PROBATE COURT CLERKS, ETC. No. 1026 (Senate Bill No. 466). AN ACT To amend an Act placing the judge of the Probate Court of Jones County on an annual salary, approved March 25, 1975 (Ga. Laws 1975, p. 2796), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2638), so as to change the provisions relating to the employment and compensation of 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 judge of the Probate Court of Jones County on an annual salary, approved March 25, 1975 (Ga. Laws 1975, p. 2796), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2638), is hereby amended by striking Section 4, which reads as follows: Section 4. The judge of the probate court shall have the authority to appoint clerks who shall be compensated in the amount

Page 3629

of not less than $400 per month nor more than $550 per month, payable in equal weekly installments. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the persons who shall be employed as clerks, and to designate the compensation within the limits prescribed, prescribe the duties and assignments of such clerks, and to remove or replace such clerks at will and within his sole discretion., in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The judge of the probate court shall have the authority to appoint two clerks. In addition to such clerks, the judge of the probate court shall have the authority to appoint additional clerks upon the approval of the board of commissioners of Jones County. Each clerk shall be compensated in an amount to be fixed by the judge of the probate court with the approval of the board of commissioners of Jones County, but such compensation shall not be less than $400.00 per month for each clerk so employed. Compensation for clerks shall be payable in equal weekly installments. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the persons who shall be employed as clerks, to prescribe the duties and assignments of such clerks, and to remove and replace such clerks 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 1980 session of the General Assembly of Georgia a bill to delete the portion of the act for Judge of the Probate Court pertaining to the clerks in that office effective January 1, 1981.

Page 3630

This 27th day of December, 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/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980.

Page 3631

TELFAIR COUNTY SALARY OF CLERK OF SUPERIOR COURT. No. 1027 (Senate Bill No. 511). AN ACT To amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4144), as amended, so as to change the salary provisions relating to said county 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 changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4144), 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 salary of such clerk of the superior court of Telfair County shall be $15,500.00 per year, payable in equal monthly installments from the funds of Telfair 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 1980 session of the General Assembly of Georgia, a bill changing the method of compensating the Clerk of the Superior Court of

Page 3632

Telfair County, Georgia, from the Fee and salary system to the salary system. Exclusively approved April 30, 1969, (Georgia Law 1969, p. 4144), as amended, and for other purposes. This 9th day of January, 1980. Ronnie Walker Senator, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths. Ronnie Walker who, on oath, deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 9, 16, 23, 1980. /s/ Ronnie Walker Senator, 19th District

Page 3633

Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. TELFAIR COUNTY SALARY, ETC. OF COUNTY COMMISSIONER. No. 1028 (Senate Bill No. 512). AN ACT To amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, Georgia, approved August 27, 1931 (Ga. Laws 1931, p. 566), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 2975), as amended, so as to change the compensation of said commissioner; to provide an effective date: to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, Georgia, approved August 27, 1931 (Ga. Laws 1931, p. 566), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 2975), as amended, is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

Page 3634

Section 6. Said commissioner shall be required to give and devote his entire time, or so much thereof as may be necessary, to the business and interest of said County of Telfair in the performance and discharge of his duties, and to receive as compensation for his time and to recover the expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties; the cost of fuel and upkeep thereof and any and all other pay, reimbursement for expenses, emoluments or perquisites whatsoever the sum of $15,500.00 per year, to be paid in equal monthly installments from the funds of Telfair 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 1980 session of the General Assembly of Georgia, a bill to amend the act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, Georgia, approved August 27, 1931 (Georgia Laws 1931, p. 566), as amended; and for other purposes. This 9th day of January, 1980. Ronnie Walker Senator, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Walker who, on oath,

Page 3635

deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 9, 16, 23, 1980. /s/ Ronnie Walker Senator, 19th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. TELFAIR COUNTY SALARY OF JUDGE OF PROBATE COURT. No. 1029 (Senate Bill No. 513). AN ACT To amend an Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4148), as amended, so as to

Page 3636

change the salary of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4148), 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 salary of such judge of the probate court shall be $15,500.00 per year, payable in equal monthly installments from the funds of Telfair 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 1980 session of the General Assembly of Georgia, a bill changing the Judge of the Probate Court of Telfair County, Georgia, from the fee and salary system to the salary system. Exclusively approved April 30, 1969 (Georgia Law 1969, p. 4148), as amended and for other purposes. This 9th dav of January 1980. Ronnie Walker Senator. 19th District

Page 3637

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Walker who, on oath, deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 9, 16, 23, 1980. /s/ Ronnie Walker Senator, 19th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. TELFAIR COUNTY SALARY OF TAX COMMISSIONER. No. 1030 (Senate Bill No. 514). AN ACT To amend an Act creating the office of tax commissioner of Telfair County, approved December 29, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 892), as amended, particularly by an Act approved

Page 3638

April 18, 1969 (Ga. Laws 1969, p. 3087), so as to change the salary of said tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Telfair County, approved December 29, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 892), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 3087), is hereby amended by striking from Section 6 thereof the following: $12,000.00, and inserting in lieu thereof the following: $15,500.00, so that when so amended Section 6 shall read as follows: Section 6. The tax commissioner of Telfair County shall receive an annual salary of $15,500.00, payable in equal monthly installments from the funds of Telfair County. All fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind formerly allowed the tax commissioner as compensation for services in any capacity shall be received and held in trust by the tax commissioner for said county as public monies and he shall pay the same to the county fiscal authority on or before the tenth day of each month for the immediately preceding month. At the time of each such monthly payment to the county fiscal authority, the tax commissioner shall furnish the county fiscal authority with a detailed, itemized statement of all such funds received by him during the immediately preceding month. The statement shall show the respective amounts of money collected and the sources thereof. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have

Page 3639

been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating the office of Tax Commissioner of Telfair County, approved Dec. 29, 1937 (Georgia Law 1937-38, ex. sess., P. 892), as amended; and for other purposes. This 9th day of January, 1980. Ronnie Walker Senator, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Walker who, on oath, deposes and says that he/she 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 3640

organ of Telfair County, on the following dates: January 9, 16, 23, 1980. /s/ Ronnie Walker Senator, 19th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. Approved March 21, 1980. CITY OF POWDER SPRINGS CORPORATE LIMITS, ETC. No. 1031 (Senate Bill No. 517). 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, 1977 (Ga. Laws 1977, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3437), so as to change the corporate limits of the city; 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), and an Act approved April 11,

Page 3641

1979 (Ga. Laws 1979, p. 3437), is hereby amended by adding at the end of Section 1.02 the following: All these tracts and parcels of land described as follows: `Beginning at a point where the Northern right-of-way of Seaboard Airline Railroad intersects the right-of-way of Old Lost Mountain Road in LL 827, thence following the north ROW of said railroad northwesterly a distance of 11,100 ft. to its intersection with the northern ROW of State Highway 278 in LL 672; thence westerly along the northern ROW of State Highway 278 to the Paulding County line in LL 671, a distance of 2,500 ft.; thence southerly across State Highway 278 to the southern ROW of said state highway; thence easterly along the southerly ROW, a distance of 2,500 ft. and its intersection with the northern ROW of the Seaboard Airline Railroad; thence westerly along the northern ROW of said railroad a distance of 1,800 ft. to the Paulding County line; thence southerly across the Seaboard Airline Railroad to the southern ROW of said railroad; thence easterly along the southern ROW of the Seaboard Airline Railroad a distance of 1,800 ft. and its intersection with the southern ROW of State Highway 278 in LL 672; thence easterly along the southern ROW of said State Highway a distance of 1,300 ft. and its intersection with the western line of LL 734; thence northerly along the western line of LL 734 to the north ROW of State Highway 278; thence westerly along the northern ROW of said state highway a distance of 1,300 ft. to its intersection with the southern ROW of the Seaboard Airline Railroad; thence southeasterly along the southern right-of-way of said railroad a distance of 11, 100 ft. to its intersection with the ROW of Old Lost Mountain Road; thence northerly across the ROW of said railroad and the point of beginning.' `Tract 1 BEGINNING at a point on the north side of State Highway No. 6 at the intersection of the west line of Land Lot 827 with said road, and running thence north along said Land Lot line for a distance of 336 feet to a stake; thence east for a distance of 200 feet to a stake; thence south along the property of Weddington and Reynolds for a distance of 430 feet to an iron pin on the north side of said Highway No. 6; thence northwesterly along the northerly side of said Highway for a distance of 240 feet to the point of beginning.

Page 3642

Tract 11 All that tract or parcel of land lying and being in the 19th. District, 2nd. Section of Cobb County, Georgia and being two acres of the southwest corner of Land Lot No. 827 and being the same property described in a deed from Bettie Broadnax to John Lester and Charlotte Lester, dated February 15, 1918, and recorded in Deed Book No. 61, Page 20, Cobb County Records, and being the same property as described in a deed from H. T. Dobbs to M. C. Austin and J. H. Gilbert, as recorded in Deed Book 175, Page 416, Cobb County Records, and being located on Highway No. 6 and being known as Fred's Place, having a sandwich and drink stand thereon, between Powder Springs and Dallas, Georgia. This being the same property conveyed to Grantor herein by S. A. White, dated October 1955, and recorded in Deed Book 329, Page 399, Cobb County Records. Tract 1 2 is also described in Deed Book 921, Page 389 of the records of the Superior Court of Cobb County, which deed and description thereon is incorporated by reference herein.' `All that tract or parcel of land lying and being in Land Lot 827 of the 19th. District, 2nd. Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point 237.7' East of the Southwest corner of LL827 (on the South line of LL827) North 407.6' to a point; thence East 300.0' to a point; thence South 401.62' to a point on the South line of LL827; thence West 300.21' along the South line of LL827 to the point of beginning. This tract of land contains 2.783 acres more or less and this legal description is drafted from a plat of survey made by Daniel N. Barfield, a registered Georgia surveyor.' `All those tracts or parcels of land lying and being in Land Lots 671, 672, 736, 735, 746, 734 of the 19th. District, 2nd. Section, Cobb County, Georgia, and being more properly described as follows:

Page 3643

TRACT A-1 BEGINNING at a point on the southwest side of State Highway No. 6 one hundred nine and one tenth (109.1) feet southeasterly from the point of intersection of the southwest side of said Highway with the east line of land lot 735, and running thence southwesterly two hundred eighty-six (286) feet; thence running southerly one hundred eighteen (118) feet; thence running easterly four hundred thirty-five (435) feet to the southwest side of State Highway No. 6, and running thence northwesterly along the southwest side of State Highway No. 6, two hundred seventy-two (272) feet to the point of beginning; being improved property having a dwelling house located thereon, address being known as 5551 Powder Springs-Dallas Road, Southwest. This Description is given in accordance with a survey of said property by C. R. Roberts, R. E., dated May 29, 1950. TRACT A-2 BEGINNING at the northwest corner of land lot #746 and the southwest corner of land lot #735 in said district and section; running thence north along the entire length of the west land lot line of land lot #735 and continuing north along the west land lot line of land lot #672 to the south right-of-way of the Seaboard Coastline Railroad; running thence in a southeasterly direction along said right of way to the east land lot line of land lot #735; running thence south along the east land lot line of land lot #735 to the point of intersection with the north land line of the GEORGIA R. WARREN property; running thence in a westerly direction and thence in a southerly direction around the GEORGIA R. WARREN property to the point of intersection with the south land lot line of land lot #735; running thence west along the south land lot line of land lot #735 to the northwest corner of land lot #746 and the southwest corner of land lot #735, the point of beginning. The above described property being the same as recorded in deed book 112, page 444, and quit claim deed recorded in deed book 1566, page 741, Cobb County records. This deed of assent is made in compliance with the terms of the Last Will and Testament of NOAH WARREN, DECEASED.

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TRACT A-3 BEGINNING at the northwest corner of land lot #745 and the southwest corner of land lot #736 on the Paulding County, Georgia line in said district and section; running thence north along the entire length of the west land lot line of land lot #736 on the Paulding County line, and continuing north along the west land lot line of land lot #671 on the Paulding County line to the south right of way of the Seaboard Coastline Railroad; running thence in a southeasterly direction along said right of way to the east land lot of land lot #671; running thence south along the east land lot line of land lot #671 and continuing south along the entire length of the east land lot line of land lot #736 to the southeast corner of land lot #736; running thence west along the entire length of the south land lot line of land lot #736 to the northwest corner of land lot #745 and the southwest corner of land lot #736 on the Paulding County, Georgia line, the point of beginning. The above described property being the same as recorded in deed book 89, page 385, Cobb County records. This deed of assent is made in compliance with the terms of the Last Will and Testament of NOAH WARREN, deceased. TRACT A-4 BEGINNING at an iron pin located on the southwesterly right of way of U. S. Highway #278 (also known as State Route #6), in said district and section; running thence northwesterly along said right of way a distance of 109.1 feet more or less to the point of intersection of said right of way with the west land lot line of land lot #734; running thence south along the west land lot line of land lot #734 to the point of intersection with the north land line of the GEORGIA R. WARREN property; running thence in an easterly direction along said land line of the GEORGIA R. WARREN property to an iron pin located on the southwesterly right of way of U. S. Highway #278, the point of beginning, said tract or parcel of land being triangular in shape and containing less than 1/4 acre. The above described property being the same as recorded in deed book 146, page 33, and corrected description in Affidavit of Possession as recorded in deed book 1734, page 242, Cobb County records.'

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The following described property is hereby deannexed from the city: `All that tract or parcel of land lying and being in Land Lot 827 of the 19th. District, 2nd. Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point 530.59' East of the Southwest corner of LL827 (on the South line of LL827) North 402.98' to a point; thence East 91.65' to a point; thence South 401.62' to a point on the South line of LL 827; thence West 107.32' along the South line of LL827 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 in the regular 1980 session of the General Assembly of Georgia, a bill to amend the charter of the City of Powder Springs (Ga. L. 1920, p. 2760), as heretofore amended, and for other purposes. This 4th day of Jan., 1980. 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 3646

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/she 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 4, 11, 18, 1980. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. CITY OF FLOWERY BRANCH ELECTION OF COUNCILMEN. No. 1032 (Senate Bill No. 524). AN ACT To amend an Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), so as to

Page 3647

change the provisions relating to the election of councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), is hereby amended by striking Section 5.2 in its entirety and inserting in lieu thereof a new Section 5.2 to read as follows: Section 5.2. Regular elections; time for holding. On the second Saturday in December, 1979, and on the same day in each calendar year thereafter, an election shall be conducted for the purpose of electing two members of the council. The candidate who receives the highest number of votes in the election shall serve for a term of three years and until his successor is elected and qualified. The other candidate elected at such election shall serve for a term of two years and until his successor is elected and qualified. It is the intention of the General Assembly to require two council members to be elected every year with one council member being elected for three years and the other council member being elected for two years so that the terms of office of two members of the council will expire at the end of each 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. 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. (b) For the purpose of electing candidates for council members, other than the mayor, each council position may be designated by number by the mayor and council. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election if the mayor and council require candidates to offer for election to the council by designating post positions.

Page 3648

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 1980 session of the General Assembly of Georgia a bill to amend an Act creating a new Charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), so as to change the provisions relating to the election of councilmen; and for other purposes. This 8th day of January, 1980. 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/she is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Times which is the official organ of Hall County, on the following dates: January 9, 16, 23, 1980. /s/ Howard T. Overby Senator, 49th District

Page 3649

Sworn to and subscribed before me, this 30th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. CITY OF MILLEDGEVILLE BUDGETS, ETC. No. 1033 (Senate Bill No. 546). 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 change the provisions relating to the powers of the mayor in connection with the preparation, adoption, or veto of annual budgets for the operation of the city; 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 in its entirety subsection (e) of Section 21A and inserting in lieu thereof a new subsection (e) to read as follows: (e) With the advice and approval of the council, to prepare a budget for the operation of the city for the ensuing year, provided

Page 3650

that such budget shall be adopted by resolution by the mayor and aldermen in formal session on or before January 1 of the ensuing year. The budget shall separately state the amounts budgeted for operating expenses by category and for capital expenditures. Such amounts shall be so stated for each category and shall also be stated separately for each department of city government. The mayor shall have the right to veto the amount budgeted in any category for any department. The city council may override any such veto by a vote of four of the members of the city council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended; and for other purposes. This 14th day of Jan., 1980. Culver Kidd Senator, 25th District Georgia, Baldwin County. I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my peronal knowledge and reference to files of said publication the legal advertisement of: City of Milledgeville: Bill to amend an Act creating a new charter for the City of Milledgeville, was inserted in space of legal advertisement as follows: January 18, 25; February 1, 1980. /s/ Roger W. Coover Publisher

Page 3651

Subscribed and sworn before me, this 1st day of February, 1980. /s/ Patsy C. Smith Notary Public, My Commission expires May 4, 1982. Approved March 21, 1980. BALDWIN COUNTY MAGISTRATE'S COURT POWERS, DEPUTIES, ETC. No. 1034 (Senate Bill No. 547). AN ACT To amend an Act creating the Magistrate's Court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197), so as to change the provisions relating to the powers of the Magistrate and the Deputy Magistrates; to change the provisions relating to the salary of the Magistrate; 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 Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

Page 3652

Section 6. The Magistrate of Baldwin County and the Deputy Magistrates shall also have jurisdiction to accept and approve bonds pending commitment hearings and to discharge any and all other functions which under the laws of this State are performable by a justice of the peace; provided, however, that only the Magistrate of Baldwin County shall have jurisdiction to hold courts of inquiry and to accept and approve bonds pending indictment and trial; provided, further, that said Magistrate's Court shall not receive, and shall not be entitled to receive, any fees now or hereafter provided for justices of the peace. The time of such inquiry shall be determined by the Magistrate and shall be held at the courthouse in Baldwin County, Georgia. Section 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The Magistrate of said Court shall receive a salary of not less than $8,400.00 per annum nor more than $18,000.00 per annum, the exact amount to be determined by the governing authority of Baldwin County. Said salary shall be payable in equal monthly installments out of the funds of Baldwin 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating the magistrate's court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197); and for other purposes. This 15th day of January, 1980. Culver Kidd Senator, 25th District

Page 3653

Georgia, Baldwin County. I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Baldwin County Commissioners to Amend Act creating the Magistrate's Court of Baldwin County, was inserted in space of legal advertisement as follows: January 18, 25; February 1, 1980. /s/ Roger W. Coover, Publisher Subscribed and sworn before me, this 1st day of February, 1980. /s/ Patsy C. Smith Notary Public My commission expires May 4, 1982. (Seal). Approved March 21, 1980. TOWN OF THUNDERBOLT CORPORATE LIMITS, REFERENDUM. No. 1035 (Senate Bill No. 549). AN ACT To amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. Laws 1974, p. 3269),

Page 3654

so as to change the corporate limits of the town; to provide for a referendum to be held within and without the town; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. Laws 1974, p. 3269), is hereby amended by designating the existing text of Section 2 as subsection (a) and by adding thereafter a new subsection (b) to read as follows: (b) The corporate limits shall further include: `All that certain area and territory described and known upon the map of Chatham County, Georgia, as Macceo Island (Isle of Armstrong), 5th G.M. District, Chatham County, Georgia; said island being bounded on the North by marshland and the Wilmington River, on the East by marshland and by Gray's Creek; on the South by the marshland and by Gray's Creek, and on the West by the Town of Thunderbolt, the Wilmington River, a tidal basin and by marshland.' Section 2. Said Act is further amended by designating the existing text of Section 2 (exclusive of any addition made thereto by Section 1 of this Act) as subsection (a) and by adding thereafter a new subsection (aa) to read as follows: (aa) The corporate limits shall further include: `All that certain area and territory known as Bona Bella, 5th G.M. District, Chatham County, Georgia; said area is bounded on the North by the Savannah State College to the eastern right-of-way line of the Placentia Canal and follows said line Southerly to the Northern right-of-way line of Semken Avenue, Easterly along said line to the Eastern right-of-way line of Jasmine Avenue, and following said line Southerly to the Eastern right-of-way line of LaRoche Avenue and Southeasterly along said line to a point where the right-of-way line meets the Marsh line and following said line Easterly, then Northerly to the Southeastern corner of Savannah State College property line.'

Page 3655

Section 3. (a) Not less than 20 nor more than 40 days after the date of approval of this Act by the Governor or the date on which it otherwise becomes law without his approval, it shall be the duty of the election superintendent of the Town of Thunderbolt to issue the call for an election for the purpose of submitting the first two sections of this Act separately to the voters of the town and the voters of the area affected by each section for approval or rejection. (b) The superintendent shall set the date of the election for a date not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the town. (c) The ballot shall have printed thereon the following words: PROPOSITION 1 [] YES [] NO Shall the provision of the Act including the area known as Macceo Island (Isle of Armstrong) within the corporate limits of the Town of Thunderbolt be approved? PROPOSITION 2 [] YES [] NO Shall the provision of the Act including the area known as Bona Bella within the corporate limits of the Town of Thunderbolt be approved? (d) (1) All persons desiring to vote in favor of Proposition 1 shall vote Yes, and those persons desiring to vote for rejection of Proposition 1 shall vote No. If more than one-half of the votes cast by the voters within the present corporate limits of the town and more than one-half of the votes of the voters residing in the area to be annexed by Section 1 of this Act are in favor of Proposition 1, then Section 1 of this Act shall become of full force and effect; otherwise it shall be void and of no force or effect.

Page 3656

(2) All persons desiring to vote in favor of Proposition 2 shall vote Yes, and those persons desiring to vote for rejection of Proposition 2 shall vote No. If more than one-half of the votes cast by the voters within the present corporate limits of the town and more than one-half of the votes of the voters residing in the area to be annexed by Section 2 of this Act are in favor of Proposition 2, then Section 2 of this Act shall become of full force and effect; otherwise it shall be void and of no force or effect. (e) At least 30 days prior to said election, the superintendent shall prepare a separate list of voters residing in each of the areas proposed to be annexed by this Act who are registered to vote in the county. Each of said voters shall be eligible to vote on the proposition affecting the area in which he lives. The election superintendent of Chatham County shall furnish any information which may be required in the preparation of said lists of voters by the election superintendent of the Town of Thunderbolt; and the Town of Thunderbolt shall pay to Chatham County the actual expenses of furnishing such information as is required. (f) It shall be the duty of the election superintendent to hold and conduct such election and to certify the results of the vote on each proposition in the town and in each affected area to the Secretary of State. The expense of the election shall be borne by the Town of Thunderbolt. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given of the Intention to apply for local legislation in the 1980 Session of the General Assembly of Georgia to amend the Charter of the Town of Thunderbolt, and for the Mayor, and Aldermen of the Town of Thunderbolt to call for a referendum to extend and change the corporate limits of the Town of Thunderbolt, and for other purposes.

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This 9th day of January, 1980. Michael J. Cesaroni, Jr., Mayor, Town of Thunderbolt Frank O. Downing, Attorney Town of Thunderbolt 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/she 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 which is the official organ of Chatham County, on the following dates: January 14, 21, 28, 1980. /s/ Charles H. Wessels Senator, 2nd District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980.

Page 3658

JASPER COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1036 (Senate Bill No. 560). AN ACT To amend an Act creating and establishing a Small Claims Court of Jasper County, approved April 11, 1979 (Ga. Laws 1979, p. 4322), so as to change the provisions relating to the jurisdiction of such court; to change the provisions relating to the powers of the judge; to change the provisions relating to vacancies and substitute judges; to change the provisions relating to cost of service; to change the penalties for contempt of court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a Small Claims Court of Jasper County, approved April 11, 1979 (Ga. Laws 1979, p. 4322), is hereby amended by striking in its entirety the last sentence of Section 1 and inserting in lieu thereof the following: Said jurisdiction shall include the power to issue writs of garnishment, attachment, and possession; to issue distress warrants; and to handle foreclosure proceedings on personal property. so that when so amended Section 1 shall read as follows: 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, attachment, and possession; to issue distress warrants; and to handle foreclosure proceedings on personal property. 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:

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Section 3. Whenever the judge of the small claims court shall be unable from absence, sickness, or other cause to discharge any duty whatever appertaining to his office, any judge of the recorder's court for the City of Monticello, Jasper County, Georgia, 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 if the judge is unable to act. Section 3 . Said Act is further amended by striking from subsection (d) of Section 6 the following: $5.00, and inserting in lieu thereof the following: $10.00, so that when so amended subsection (d) shall read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 4 . Said Act is further amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows: Section 22. The judge of said court shall have the power to impose fines of not more than $50.00 on or to imprison for not longer than 48 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 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. Georgia, Jasper County. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a small claims court of Jasper County, approved April 11, 1979 (Ga. Laws 1979 p. 4322), and for other purposes. This 9th day of January, 1980. Culver Kidd Senator, 25th District Georgia, Jasper County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, William T. Hughes, Jr., who, having been duly sworn, deposes and says on oath that he is an authorized representative of The Monticello News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Monticello News, a local newspaper of general circulation in Monticello, Jasper, Georgia, on the following dates, January 17, 24, 31. This 4 day of February, 1980. /s/ W. T. Hughes, Jr.

Page 3661

Sworn to and subscribed before me, this 4 day of February, 1980. /s/ Mrs. W. T. Hughes, Jr. Notary Public, Georgia State at Large. My Commission Expires Sept. 22, 1980. (Seal). Approved March 21, 1980. SALE OF MALT BEVERAGES, WINE, OR ALCOHOLIC BEVERAGES BY THE DRINK ON SUNDAYS IN CERTAIN COUNTIES (200,000 - 600,000) (350,000 - 550,000). No. 1037 (Senate Bill No. 599). AN ACT To amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties of this state having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, approved March 5, 1976 (Ga. Laws 1976, p. 2809), as amended by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3903), so as to change certain population brackets; to repeal certain referendum requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties

Page 3662

of this state having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, approved March 5, 1976 (Ga. Laws 1976, p. 2809), as amended by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3903), is hereby amended by striking from Section 1 thereof the following: not less than 200,000 and not more than 600,000, and inserting in lieu thereof the following: not less than 350,000 and not more than 550,000, so that when so amended, said Section 1 shall read as follows: Section 1. Any person otherwise authorized to sell malt beverages, wine, or alcoholic beverages by the drink under the laws of this state and the applicable ordinances of the counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States Decennial Census of 1970, or any future such census, shall be authorized to sell and serve malt beverages, wine, and alcoholic beverages by the drink from 12:30 P.M. until midnight on Sundays in each such county in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. Section 2. Said Act is further amended by striking in its entirety Section 2 thereof, which reads as follows: Section 2. Not less than one nor more than 10 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of each county of this State having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, to issue the call for an election for the purpose of submitting this Act to the electors of the county for approval or rejection. The superintendent shall set the date of such election for May 4, 1976. The superintendent

Page 3663

shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the county. The ballot shall have written or printed thereon the words: `[] YES [] NO Shall the Act providing that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of this county shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays in the county in any licensed establishment which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50% of its total annual gross income from the rental of rooms for overnight lodging be approved?' All persons desiring to vote for approval of the Act shall vote `Yes,' and those persons desiring to vote for rejection of the Act shall vote `No.' If more than one-half of the votes cast in any such county on such question are for approval of the Act, it shall become of full force and effect in such county, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3664

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1980. BRANTLEY COUNTY COMPENSATION OF SHERIFF'S PERSONNEL. No. 1038 (Senate Bill No. 614). AN ACT To amend an Act abolishing the present mode of compensating the sheriff of Brantley County known as the fee system and placing him on a salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 3024) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 4567), so as to change the compensation of the deputy sheriffs; to provide that the compensation of the sheriff's personnel shall be determined 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 present mode of compensating the sheriff of Brantley County known as the fee system and placing him on a salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 3024) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 4567), is hereby amended by striking Section 8 of said Act, which reads as follows: Section 8. The sheriff is hereby authorized to appoint three deputy sheriffs to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. The governing authority of Brantley County shall fix the salary of each such deputy at not less than $8,400.00 and not more than $9,000.00 per annum to be paid

Page 3665

in equal monthly installments from the funds of said county. Said governing authority may authorize the sheriff to appoint additional deputies in the event said governing authority determines such additional deputies are required, and said governing authority may fix the compensation of such additional deputies. It shall be within the sole power and authority of the sheriff to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments, and to remove or replace such deputies at will and within his sole discretion., and substituting in lieu thereof a new Section 8 to read as follows: Section 8. The sheriff is hereby authorized to appoint three deputy sheriffs to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. The sheriff of Brantley County shall fix the salary of each deputy at not less than $9,200.00 and not more than $10,500.00 per annum to be paid in equal monthly installments from the funds of said county. Said governing authority may authorize the sheriff to appoint additional deputies in the event said governing authority determines such additional deputies are required. The sheriff shall fix the compensation of such additional deputies as provided above. It shall be within the sole power and authority of the sheriff to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments, and to remove or replace such deputies at will and within his sole discretion. Section 2. This Act shall become effective on the first 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 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Brantley County upon an

Page 3666

annual salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended; and for other purposes. This 24 day of January, 1980. Bill Littlefield Senator, 6th 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/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 24, 31, February 7, 1980. /s/ Bill Littlefield Senator, 6th District

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Sworn to and subscribed before me, this 25th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. CITY OF LUDOWICI CHARTER AMENDED. No. 1039 (Senate Bill No. 615). AN ACT To amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. Laws 1923, p. 701), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 835), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2410), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2144), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3579), so as to revise and update the charter of the City of Ludowici; to restate certain existing provisions; to change procedures for the selection of the governing authority and other elections; to change the jurisdiction of and procedures in the police court; to change provisions relating to the ad valorem taxation power of the city; to delete provisions for a chain gang and road work; to authorize the city to monopolize certain utility services; to authorize the exercise of eminent domain; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. Laws 1923, p. 701), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 835), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2410), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2144), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3579), is hereby amended by striking all sections of the Act, which sections are numbered 1 through 50, and inserting in lieu thereof new Sections 1 through 47 to read as follows: Section 1. The City of Ludowici, in Long County, is hereby incorporated under the corporate name of `City of Ludowici.' Section 2. The municipal government of said City of Ludowici shall be vested in a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of `City of Ludowici,' and by that name and style shall have perpetual succession; shall have and use a common seal and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors for the use of the City of Ludowici within or without the limits thereof, and estate or estates, real or personal, of whatsoever kind or nature, and shall by the said name of `City of Ludowici' be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; and shall succeed to all the rights and liabilities of the present corporation of the Mayor and Council of Ludowici. Section 3. The corporate limits of the City of Ludowici shall be all the territory contained within the following boundary: BEGINNING at the intersection of Sweetwater Branch and the northeast margin of Jones Creek Swamp and running along Sweetwater Branch to the northeast margin of Georgia Highway 99; thence running in a southeasterly direction along the margin of Georgia Highway 99 south 41 30 east 12 chains to a point; thence running in a northeasterly direction north 55 east 17 chains to the southwest margin of the Old Macon and Darien Public Road; thence in a northwesterly direction along the southwest margin of the Old Macon and Darien Public Road to the channel of Sweetwater Branch; thence follow the channel of

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Sweetwater Branch in a northerly direction to where the center of Sweetwater Branch intersects the eastern boundary of the Seaboard Coastline Railroad right-of-way; thence in a northeasterly direction along the southeast right-of-way of the Seaboard Coastline Railroad 11.54 chains along bearing north 58 east to the northeast side of the Georgia Power Company power lines; thence along the northeast side of said Georgia Power Company power lines to the northwest side of the Old Ludowici-Hinesville Public Road; thence running in a northeasterly direction along the northwest margin of the Old Ludowici-Hinesville Public Road north 19 east 8 chains to the southwest margin of Gordon Road; thence running in a northwesterly direction along the southwest margin of Gordon Road north 41 west 14 chains to a point; thence running in a southwesterly direction south 59 west 50 chains to the northeast margin of U. S. Highway No. 301; thence running in a southeasterly direction along the margin of U. S. Highway 301 south 41 east 5.45 chains to a point; thence turn and run in a southwesterly direction south 58 west 70 chains to the northeast margin of Jones Creek; thence follow the margin of Jones Creek Swamp in a southeasterly direction to the POINT OF BEGINNING. Section 4. The mayor and aldermen shall be collectively known as `The City Council of Ludowici' and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. Section 5. The present mayor, recorder and aldermen of Ludowici shall continue in the office to which they were elected until the first Monday in January, 1982, and until their successors are elected or appointed and qualified; and said mayor, recorder and aldermen shall have and exercise all the rights, powers, duties and authority conferred upon them by virtue of this charter. Section 6. The mayor and aldermen of the City of Ludowici shall be elected as herein provided and shall hold office for a term of four years and until their successors are elected and qualified. Section 7. (a) The next election under the charter of the City of Ludowici shall be held on the first Wednesday in September, 1981, at which time there shall be elected by the qualified voters of said city a mayor and five aldermen to hold office for the term of four years, and until their successors shall be elected and qualified.

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(b) Each four years thereafter on the same day in the same month at some public place in said city a mayor and five aldermen shall be elected by the qualified voters of said city, who shall serve for a term of four years and until successors shall be elected and qualified. Section 8. (a) Should the failure of said election at any time happen, the same may be held at any time thereafter upon ten days' notice, either by the City Council of Ludowici or any five of the qualified voters of said city. Should a vacancy occur in the office of mayor or alderman from any cause, then and in that event an election to fill such vacancy shall be held as provided by general law. (b) Provided, however, in the event a vacancy occurs and there is less than two (2) years left on the term of the mayor, councilman or other elected or appointed city officer, then the mayor and council shall elect a qualified person to serve the unexpired term, such person shall take the oath of office prescribed before assuming his duties of office. Section 9. (a) The term of office of the mayor and aldermen elected under the provisions of this charter shall commence on the first Monday of the January following their elections, except in the event of the election of any one or more of said officers to fill a vacancy, in which event the officers elected to fill the vacancy shall be qualified immediately upon the declaration of the result of the election. (b) On the first Monday in January after their election the mayor and aldermen elect shall meet at the council chamber of said city for the purpose of organizing, and they shall severally take, before some officer authorized to administer oaths, the following oath of office, to wit: `I do solemnly swear that I will well and truly demean myself as mayor (or alderman, as the case may be) of the City of Ludowici, during my term of office, and that I will faithfully enforce the laws and ordinances of said city to the best of my ability without fear or favor, and in all my actions as mayor (or alderman) act as I believe for the best interest of said city, and uphold the Constitution of the State of Georgia and the United States, so help me God.'

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Should the mayor or any alderman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. Section 10. The regular meetings of the City Council of Ludowici shall be held at the council chamber of said city on the second and fourth Tuesdays in each month at which time all regular business concerning the welfare of said city shall be transacted; but special or called meetings may be held when public emergency may require; and they may also hold adjourned meetings which shall be considered as of the meeting adjourned. Section 11. (a) All elections held under the provisions of this charter and all elections in which any subject or question is submitted to the qualified voters of the City of Ludowici shall be conducted as provided by general law; provided that the persons receiving the highest number of legal votes for the respective offices shall be declared elected. (b) The managers and clerks of all elections held under the provisions of this charter shall be named and appointed by the mayor and aldermen prior to the elections who shall determine and provide for the payment for the managers and such clerks as may be necessary to hold said election. Section 12. All persons qualified to vote in this State for members of the General Assembly, who are residents of the city, and who have registered as required by the registration laws or ordinances of said city shall be qualified to vote at any election held under the provisions of this charter. Section 13. (a) The city shall register electors as provided by general law. The registration books shall be kept open at such hours as the mayor and council prescribe. (b) It shall be the duty of the clerk or registrar of said city to prepare two lists of the names of the voters registered in alphabetical order after the same have been purged by the mayor and aldermen and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall permit no one to vote in said election whose name does not appear thereon.

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(c) Should the name of any person qualified to vote in any election and who registered therefor with the clerk or registrar in due form and time be accidentally omitted from the registration lists furnished the managers of said election the clerk or registrar of said city may certify under his official signature and seal to such accidental omission to place his name on said lists and that he was duly and legally registered in due time and form before the registration book was closed, and thereupon by filing said certificate with the managers of the election such person shall be allowed to vote. (d) Any person voting in any election held in said city who is not qualified to vote therein under the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting. (e) After said registration books are closed, and prior to day of any election for which said registration is had, the mayor and aldermen shall examine, revise and purge the registration lists as made up and returned by the clerk of said city of all illegally registered voters or persons disqualified from voting for any lawful reason, provided that before removing any name therefrom written notice shall be served on the person or persons deemed disqualified at least twelve hours before final action thereon by the mayor and aldermen, that such person may show cause, if any, why such action should not be taken. Section 14. (a) No person shall be eligible to the office of mayor of said city who is not twenty-five years of age, who has not resided in the City of Ludowici for a period of one year next preceding the date of his election, and who is not a qualified voter of said city. (b) No person shall be eligible to the office of alderman of the City of Ludowici who is not twenty-one years of age; who has not resided in the City of Ludowici for the period of one year next prior to his election, and who is not a qualified voter of said city. Section 15. (a) At the first regular meeting of the City Council of Ludowici on the first Tuesday in January of each year, they shall elect one of their number mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office be vested with all the authority of the mayor and as such perform all the duties of the mayor.

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(b) The city council shall also at said meetings elect for said city a chief of police, and as many policemen as they deem necessary; a clerk and treasurer; one person being hereby made eligible to fill both offices; a city attorney, and they may elect such other officers and employees of said city as they may deem necessary, and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected for terms of one year, and until their successors shall be elected and qualified, unless sooner discharged and removed from office. (c) Each of said officers shall take such oaths of office, give such bonds and perform such duties as shall be fixed by ordinance, and the City Council of Ludowici shall have power and authority to suspend and remove such officers from office or impose fines on said officers for gross neglect or malfeasance after a fair and impartial trial. Section 16. The mayor and aldermen shall receive such salary or compensation as the City Council of Ludowici may prescribe, which shall not be increased or diminished during their term of office. Section 17. (a) The mayor or mayor pro tem. and three aldermen shall constitute a quorum for the transaction of business, and a majority of votes shall determine questions before them; Provided, that the mayor or the mayor pro tem., if he is presiding in the place of the mayor, shall vote only in case of a tie vote; and, provided, further, that all votes making appropriations or authorizing the expenditure of city funds, or fixing the salaries of officers and employees shall be by the yeas and nays duly recorded on the minutes; and, provided, further, that on any question any alderman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. (b) The mayor, or mayor pro tem., when performing the duties of the mayor, shall have the veto power and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of law unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of said city

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his veto of any measure passed by the council, with his reasons for withholding his assent within three days after its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve the same in writing and the measure shall go into effect immediately. Section 18. (a) The mayor shall be the chief executive officer of the City of Ludowici. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully, fully, impartially executed and enforced, and that all of the officers or employees of said city faithfully and impartially discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the city council; and shall preserve order and decorum, shall enforce the rules and regulations of the body, and shall have power to punish all persons for contempt of such rules and regulations as the City Council of Ludowici may prescribe. (b) He shall have power to convene the city council in special call or extra session when in his judgment it becomes necessary, and shall do so whenever requested by two aldermen in writing. Notice of such special call or extra session shall be given each of the members of the city council who are in the city at the time, and at such meetings the mayor and aldermen shall have the right and power to transact any business which they are legally authorized to transact at any regular meeting. (c) He shall have power to appoint special policemen when in his judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their services is past and to be compensated as the mayor and aldermen may determine. Section 19. (a) A police court is hereby created and established in said City of Ludowici to be known and designated as `The Police Court of Ludowici,' and the same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those more specifically set forth herein. Said court shall hold regular sessions on such dates as may be prescribed by the city council, with the right to accept pleas of guilty and try contested cases at any time between its regular sessions, the rights of the city and of the defendant to prepare for trial, and to have a reasonable time for said preparation, being forever preserved.

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(b) Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the City of Ludowici committed within the jurisdictional limits thereof, and upon conviction to punish the offenders of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try and determine all issues made therein, and to render judgments in all cases; and also to try all nuisance cases and all questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof. (c) Said police court shall be presided over by a recorder who shall be appointed by the mayor and aldermen of said city and serve at their pleasure, the office of said recorder being hereby created and established in said city. The mayor and council shall fix his salary not to exceed $300.00 per month. Said recorder shall preside over said police court at all of its sessions, except in case of disqualification or absence from the city, in which event said police court shall be presided over by a recorder pro tem designated by the city council who may be the mayor or a council member. (d) The present recorder shall serve out his term and until his successor is appointed. (e) Said police court shall have the power and authority to impose sentences and impose fines therein such as may seem reasonable and just to said court, not exceeding the penalties herein next prescribed. (f) Said police court shall have power and authority to impose fines and to inflict punishment, after conviction, upon all violators of the laws, resolutions and ordinances of said city by fines not exceeding three hundred dollars and by jail sentences not to exceed 90 days, either or both or a portion of either or both in the discretion of the court, and all sentences may be in the alternative and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. (g) Said police court shall have the authority to impose fines for contempt of said courts not to exceed fines of twenty dollars, and

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impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both, in the discretion of the court. (h) There shall be kept in said police court one or more dockets on which shall appear the names of all persons charged with offenses against the laws or ordinances of said city, and the disposition of all cases shall appear on said docket, either entered by the court or a clerk, if any clerk. All cases in said court shall be tried on written accusations, based upon the affidavit of the prosecutor, signed by the prosecutor or by the city attorney for him, and also by the city attorney. Said accusation shall plainly and definitely set forth the specific charge against the accused and shall be subject to the same strictness of pleading as required for accusations in State courts. The accused may demur to said accusations under the same rules, and subject to the same rulings, as provided by law in reference to demurrers to accusations in the State courts. The accused may plead guilty if he so desires, or he may plead not guilty; in the latter event the plea puts in issue every material allegation of the accusation. (i) Said police court shall be clothed with the same powers as State courts in reference to compelling the attendance of witnesses, subpoenas to be issued by the clerk of council. (j) Said police court shall also have power to assess costs against each convicted defendant, in addition to a fine; Provided, however, in the event of a final acquittal of the charge against any defendant upon a subsequent trial, or in the event of a reversal of the judgment finding said accused guilty, and said court declines to try said accused again before the fourth term after the judgment of the higher court reversing the said police, said city shall return to said accused all costs paid by him in said court. (k) In the event a convicted defendant in said court is dissatisfied with the judgment or sentence of the court, he shall have the right within thirty days from such judgment to certiorari his case to the superior court of Long County, Georgia, which certiorari case shall be subject to the same rules and penalties as provided by law of this State for certioraris from police courts, certiorari being the only appeal available to such convicted person.

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(l) The mayor and aldermen of said city are hereby empowered to prescribe costs, and each item thereof, in said police court in all cases tried therein. (m) The cases before said police court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, and continuances may be granted by the court upon proper showing made in accordance with the rules governing continuances in the superior courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. (n) When any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offense, shall give bond for his or her appearance at any session of said police court, and shall fail to appear at any time appointed in such bond, then the clerk of said police court shall issue a scire facias in such police court why such bond should not be forfeited, and if, at the return term of said scire facias, in said court, no sufficient cause is shown to the contrary, judgment shall be entered upon said bond against the principal therein and his or her surety or sureties. On entering judgment on any such bond, the clerk of said court shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said city for taxes, which executions shall be placed in the hands of any member of the police force who shall proceed to collect the same as tax executions of said city are enforced and collected. (o) In any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offenses, has deposited a sum of money as bond for his appearance in said police court and similarly where some other party has deposited a sum of money for the appearance of such person, does not appear at the time appointed, for which appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the recorder or other presiding police court judge, entered upon the police court docket, and shall be paid over to the city treasurer as the property of said City of Ludowici.

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(p) The City Council of Ludowici shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as one usually incident and lawfully chargeable to the prosecution of said cases, same being added to the amount of the fine imposed and collected, and then to be paid over to the City of Ludowici. The clerk of the city council and the chief of police or any member of the police force shall be the clerk and marshal, respectively, of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as may be fixed by ordinance. (q) The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain and take exception to any decision or judgment rendered in said police court, shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued, heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided. Section 20. The City Council of Ludowici shall have power and authority to maintain a city jail and to establish and provide regulation therefor, in which shall be confined for punishment when necessary, persons sentenced by the police court for violating any of the laws or ordinances of said city as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances thereof. Section 21. (a) It shall be lawful for the chief of police or any police officer of said city to arrest without warrant all disorderly and turbulent persons within the corporate limits of said city who will not desist on command, and confine them in the jail until they can be brought before the police court to answer for their misconduct. And said officers are authorized and empowered to arrest with or without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the laws or ordinances of said city, and to hold such person so arrested until a hearing of the matter before the police court can be had; in all such cases where the offense was committed in the presence of the arresting officer or if the defendant is endeavoring to escape or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant, and to this end said arresting officers are authorized to

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imprison and confine persons arrested by them in the jail of said city for a reasonable length of time to secure a warrant or set a hearing. (b) The chief of police and 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 chief of police and police officers of said city are also authorized to arrest anywhere within this State any person charged with violating the laws or ordinances thereof, provided when the arrest is not made within twenty-four hours after the offense is committed, said officers are not authorized to arrest the offender outside of the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem., acting mayor, or other judicial officer. Said chief of police and police officers of said city may take bonds for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as provided in this charter. (c) And said City Council of Ludowici shall have power and authority to authorize and require the chief of police and police officers of said city to summons any and 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. Section 22. It shall be the duty of the chief of police by himself or through the force under him and at his command, at all times, to preserve the public peace, good order and tranquility of said city and its inhabitants, to prevent the commission of crime and arrest offenders, to protect the rights of persons and property, to provide proper police force and protection at fires, to protect strangers and travelers at railway stations, to suppress riots and insurrections, to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places, to preserve order at election and public meetings and assemblages, to regulate movements of teams and vehicles in the streets and to prevent the violation of all laws and ordinances in force applicable to the police of said city.

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Section 23. (a) For the purpose of raising revenues for the support and maintenance of the government of the City of Ludowici, the City Council of Ludowici shall have the power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species of property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation not exceeding one and one-fourth per cent. of the assessed value of all such property. (b) The City of Ludowici shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner, form and time of making out tax returns, tax lists or inventories and appraisement of property subject to taxation. They shall have power to elect tax assessors, to prescribe their duties and powers, and fix their compensation and adopt such other measures and regulations, prescribe and enforce such penalties as they may deem advisable to secure due and prompt return and assessment of all property within the limits of said city, and the collection of taxes thereon. They shall have power and authority to issue executions for taxes and levy the same by their proper levying officer and bring the property levied on to sale at the time and place and manner provided by law for municipal sales for taxes or sheriff's sales for State and county taxes. They shall have further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid. (c) The said city council shall also have the authority to levy a tax of one mill on all property within the corporate limits for the purpose of promoting new industry for the said city. Section 24. The City Council of Ludowici shall have power and authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds; drays, hacks, automobiles, trucks, auto-buggies and public vehicles of all kinds as well as private vehicles; and also traveling venders of patent medicine, soaps, notions and all other articles, except such as are exempt by the laws of this State; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, ten pins, shooting galleries and bowling alleys, and all contrivances

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and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, tan yards, automobile repair shops, blacksmith shops, steam gins, saw mills, planing mills; also auctioneers, peddlers and pawnbrokers; the sale of near beer and similar non-intoxicating beverages and imitations or substitutes for beer or malt or other liquors; and all other classes or kinds of business within the police power of said city, and to fix the amount of the licenses therefor and collect the same; and also said city council shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades or avocations, public or private, exercised within the city as may be deemed just and proper; said city council may close up and prohibit entirely any business, factory, establishment or place of business in the event the same becomes a nuisance or is dangerous or injurious to the health of the people of said city. They shall have like power to remove or cause to be removed all dilapidated buildings or unsafe buildings, fences, chimneys or structures of any kind which may be considered a nuisance or dangerous, and also to have excavations, dry wells, pits and ditches filled when deemed expedient. Section 25. The City Council of Ludowici shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings and kinds of business that are carried on in said city, and to fix a specific or license tax on the same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in the same without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution. Section 26. The City shall have the right, power, and authority, under the police, health, and welfare powers of government and the power herein granted, to require all residents, land owners, tenants, and all others, either natural persons or legal creatures or associations, to connect to and use city water and sewer systems and to prohibit use of private water and sewer systems other than those in use prior to the effective date of this section. Section 27. (a) The City Council of Ludowici shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit: For building, maintaining water-works and electric light system for said city and laying water mains

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and sewers, paving, macadamizing, repairing and improving the public streets, highways and lanes, alleys and crossings of the city, and for the purpose of building a city hall and any other public buildings and works, and making any other public improvement that may be needed for said city. (b) Before any bonds of said city shall be issued for any of the foregoing purposes, the City Council of Ludowici shall, by appropriate resolutions or ordinances, direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof, the rate of interest to be paid annually, when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinance call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. (c) Such an election or elections may be called at any time or times or from time to time, for issuing bonds for any one or more or all of the before-stated purposes as deemed expedient by said city council; Provided, always, that the limits of the total bonded indebtedness of said city, as fixed by the Constitution of the State, shall never be exceeded. Should two-thirds of the qualified voters of said city vote in favor of issuing bonds at any election called by said city council as hereinbefore provided, then and in such event said city council shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bond, of an annual tax upon all the property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bond. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial paper; and said city council is hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said city and the proceeds of such bonds when sold shall only be applied for the purpose or purposes for which they are respectively issued. Section 28. The city shall have the power and authority to condemn private property for public purposes and for streets, lanes, sidewalks, curbs, alleys, ditches, drains, sewers, water lines, meters, fire hydrants, parks, public areas, and any and all other public purposes under procedures provided by general law.

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Section 29. The City Council of Ludowici shall have power and authority when necessary to supply casual deficiencies in the revenues of said city; to negotiate a temporary loan or loans and execute a note or notes therefor, in the name of said city, as may be provided by special resolution or ordinance for that purpose. Section 30. (a) The City Council of Ludowici shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares of said city, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading or in any way changing the street line and sidewalks of said city, and when said city council desires to exercise the power and authority as to condemnations herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed by general law. The city council may abandon or discontinue such proceeding at any time upon payment of accrued cost. (b) The city council shall have full power and authority to remove or cause to be removed any building, steps, fence, trees, gates, post or other obstruction or nuisance in the street, alley, lane, sidewalk or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. Section 31. (a) The City Council of Ludowici shall have the power and authority to regulate by ordinance the speed at which automobiles, bicycles and other vehicles of any description shall be driven within said city and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to punish violators of such rules, regulations or ordinances as they may pass on the subject embraced in this section. (b) Said city council shall have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives and stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said city.

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Section 32. The City Council of Ludowici shall have power and authority to grant franchises, easements and rights-of-way over, in, under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said city, on such terms and conditions as they may fix by ordinance; Provided, that no such franchise or easement or right-of-way shall be granted for a term of more than 35 years, nor without fair and adequate compensation to said city, to be provided for in said franchise ordinance; and, provided, further, that the city council shall have authority to revoke all franchises so granted for the violation of any of the terms and conditions upon which the same is granted. Section 33. The City Council of Ludowici shall have full and absolute power and authority to control by ordinance all city pipes, sewers and drains, private drains, water closets, privies and the like in said city, and to prescribe their location, structure and use, and to make such rules and regulations, and to pass such ordinances concerning them or their use in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said city. Section 34. The City Council of Ludowici shall have full power and authority to declare what shall be deemed a nuisance in said city and to provide for the abatement of the same. The police court of said city shall have concurrent jurisdiction with the city council with respect to the trial and abatement of nuisances in said city. Section 35. The City Council of Ludowici shall have full power and authority to own, construct, extend, enlarge, operate and maintain for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, sewer, trash collection, gas and a system of electric lights whenever they may consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates. Section 36. The City Council of Ludowici shall have power and authority to adopt any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change and modify the same from time to time, to prescribe how and of what material buildings within said district may be constructed and erected; how thick the walls shall be, the manner in which chimneys, flues and stovepipes shall be constructed, and to

Page 3685

make such reasonable rules, regulations and requirements as they may deem necessary to so far as possible protect said city from fire or to prevent or stop conflagration. Section 37. It shall be the duty of the City Council of Ludowici to provide such fire protection for said city as in their discretion said city can afford, or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as may be deemed advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection from fire or conflagration to property in said city. Section 38. The City Council of Ludowici shall have power and authority to make and enforce all ordinances necessary and wisely precautionary for the prevention of any contagious or infectious diseases or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules and regulations in regard thereto, and to punish any violations of any of said rules or regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house within or without the limits of said city, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond or within the limits of said city. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious diseases when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether residents or sojourners, to be vaccinated, and may provide vaccine virus and employ physicians at the expense of said city to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated. Section 39. The City Council of Ludowici shall have power and authority in their discretion to acquire by gift, purchase or otherwise, on behalf of said city, land or ground suitable for a park or parks for the use of the public and as may be in their judgment to the health, interest and welfare of the citizens of said city. They shall have power and authority to improve, beautify and keep up the same, and to that end may make appropriations therefor, and to

Page 3686

provide such officers or employees as may be necessary to care for, protect and keep the same in order. Section 40. The City Council of Ludowici shall have power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places and parks in said city, and to prevent the cutting, impairing or mutilation thereof by electric, telephone, or telegraph companies or employees or by other persons unless the same is done under and with the express and formal consent of the city council, or some officer appointed by them to direct the same, and then only when absolutely necessary. Section 41. The City Council of Ludowici shall prescribe by ordinance how and by whom purchases for supplies, materials and other necessary articles for said city and any department thereof shall be made or contracted in behalf of said city, and no purchase made in any other matter or by any other person than as prescribed in such ordinance shall be valid or binding on said city. Section 42. In case the mayor or any alderman while in office shall be guilty of malpractice or wilful neglect of duty in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station or convicted and sentenced of violating the criminal law of the State, involving moral turpitude, he shall be subject to be impeached by the city council or by the aldermen composing the council in case of the mayor, and upon conviction by not less than three votes shall be removed from office. Section 43. The City Council of Ludowici shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of Ludowici, and they shall have power and authority to provide by ordinance a penalty for the use of profane, vulgar or obscene language, and to punish lewd and disorderly conduct within the limits of said city, and to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof. Section 44. All ordinances, bylaws, rules and regulations heretofore adopted by the Mayor and Council of Ludowici, which are now in force and not inconsistent with, or repugnant to, any provision of this Act shall remain in full force and effect under this charter

Page 3687

until repealed, altered or amended by the City Council of Ludowici. Section 45. The recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts as recited in any court in this State and shall be taken as prima facie true. Section 46. The City Council of Ludowici shall have power and authority to adopt a code of ordinances and to amend and repeal the same or any part thereof. Section 47. The enumeration of powers contained in this Act shall not be considered as restrictive, but the City Council of Ludowici and the authorities of said city may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations that they may deem needful and proper for the general welfare and protection of said city, and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined the city council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act, or the laws of this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend, revise and update The Charter, City of Ludowici, Georgia.

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This 29th day of January, 1980. 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/she is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 31, February 7, 14, 1980. /s/ Glenn E. Bryant Senator, 3rd District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980.

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FANNIN COUNTY SHERIFF'S PERSONNEL. No. 1040 (Senate Bill No. 616). AN ACT To amend an Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as amended, so as to change the provisions relative to personnel employed by the Sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as amended, is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The Sheriff of Fannin County shall have the sole power to designate the persons who shall serve as deputies, radio operators, secretaries, and in other positions as employees of the office of Sheriff. The Sheriff shall make a recommendation in writing to the governing authority of Fannin County of the compensation to be received by each employee in his office, but the compensation of each such employee shall be fixed by said governing authority. The recommendations of the Sheriff shall be made to the governing authority from time to time as said governing authority shall determine. The compensation of all personnel in the office of Sheriff shall be paid from county funds. All personnel employed by the Sheriff shall serve at his pleasure, and it shall be within the sole power of the Sheriff to prescribe their duties and assignments. 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 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as amended; and for other purposes. This 28th of January, 1980. 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/she is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 31, February 7, 14, 1980. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980.

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PENSION SYSTEM FOR EMPLOYEES OF CERTAIN CITIES AMENDED (MORE THAN 300,000). No. 1041 (House Bill No. 1321). 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 that enrollment pursuant to the provisions of this Act, as amended, shall be irrevocable; to provide that, except under specified circumstances, the refund of employee contributions shall be prohibited; to provide an effective date; 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. The receipt of an applicant's executed enrollment or application card by the Commissioner of Finance or his agent, shall constitute the irrevocable consent of the applicant to participate under the provisions of this Act, as amended, or as may hereinafter be amended. Section 2. Except upon the separation of employment other than retirement or death of an employee, or in the case of bookkeeping, clerical or data processing errors, the refund of pension contributions paid by an employee shall be prohibited.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1980. PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS OF CERTAIN CITIES AMENDED (MORE THAN 300,000). No. 1042 (House Bill No. 1325). 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 reenact a provision relating to refunds, which provision was inadvertently repealed by Section 3(g) of said Ga. Laws 1978, p. 4508; to provide that said refunds shall be subject to withholding or deduction under certain circumstances; to amend the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3620), relating to credit for prior service, so as to clarify provisions and make technical changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3693

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 of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), is hereby amended by adding thereto a new subsection (s) which shall provide as follows: (s) Any employee participating in the provisions of the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), or of the several Acts amendatory thereof, who leaves the employ of such municipality prior to retirement shall be entitled to a refund of all monies paid into such fund by said employee; provided, however, that such refunds shall be subject to withholding or deduction for any debts owed or amounts due to such municipality by such ex-employee. Section 2. Quoted subsection (J)(1) of the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3620) is hereby amended by striking said subsection in its entirety and substituting in lieu thereof a new quoted subsection (J)(1) to read as follows: (J) (1) Credit for previous city service, contributions, payment. Any officer or employee claiming previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be eligible for previous service credit immediately upon filing application for same, and upon payment of the contribution in accordance with the provisions set forth in subsection (I) of the 1978 Pension Act Amendment (Ga. Laws 1978, pp. 4508, 4516); provided, however, the penalty provision of said subsection (I) shall be applicable only to such officers or employees who failed to elect enrollment under said 1978 Pension Act Amendment prior to October 1, 1978, and who terminated employment subsequent to April 1, 1978. The total amount of such required contributions shall be increased

Page 3694

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 termination to the date of filing of the application. The total amount of such required contributions, less a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment, shall be increased by an amount equal to such required contributions, less the said amount withdrawn multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination or October 1, 1978, whichever is later to the date of application. 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 plus an amount equal to seven percent (7%) per annum compounded of such amount not withdrawn from the date of termination to the date of filing of the application. As to credit for part-time or temporary service with the city, such previous 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 previous service credit. The payment of the contributions of previous service credit for previous 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.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1980. RICHMOND COUNTY OPENING OF BIDS, ETC. No. 1043 (House Bill No. 1412). 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. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for an additional method of opening bids to allow the bids to be opened on dates prior to Board meetings if opened in the office of the Superintendent or his designee, with at least one Board member present and after notification to the affected bidders and vendors, allowing them to be present; 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 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), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), is hereby amended by adding to the end of Subsection (g), Section 7 of Section H of said Charter a new unnumbered paragraph to read as follows:

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In addition to the procedures for opening and reading bids as required above for purchases in excess of $3,000.00, the Superintendent of Schools, or his designee shall be allowed to open and read such bids in public at the Board office on dates prior to any regular or special called Board meeting so long as all affected bidders and vendors are notified of the time and place of the bid opening and at least one Board member (or more if desired by the Board), as from time to time approved and allowed by said Board of Education is present at said bid opening. If this alternate bid procedure is used, the bids so opened shall be computed and presented to the Board of Education at its next regular or any special called Board meeting and at such meeting the contract shall be awarded to the lowest responsible bidder meeting specifications or all bids rejected and readvertisement reordered. This is an alternate bid opening procedure and does not change any of the requirements for advertisement, public inspection or any other portion of the laws relating to the Board of Education of Richmond County and its procedure in letting contracts other than allowing for this one additional method of opening and reading bids. Section 2. This Act shall become effective on the first 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 1980 Session of the General Assembly of Georgia, a bill to amend an Act entitled And Act to Regulate 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), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to allow certain bids to be opened on dates prior to Board meetings by the Superintendent of Schools, or his designee, when from time to time authorized by the

Page 3697

Board and when at least one Board member is present; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other similar purposes. This 28th day of December, 1979. Leonard O. Fletcher, Jr., Attorney for County Board of Education of Richmond County Georgia, Richmond County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Morris, III, who, on oath, deposes and says that he is the Publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, official newspaper published at Augusta, in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the following dates: January 2, 9 and 16, 1980. As provided by law. /s/ William S. Morris, III, Publisher

Page 3698

Sworn to and subscribed before me, this 18th day of January, 1980. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal). Approved March 21, 1980. WHITFIELD COUNTY DEPUTY CORONER. No. 1044 (House Bill No. 1419). AN ACT To change the compensation of the coroner of Whitfield County; to authorize the coroner to appoint a deputy; 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 coroner of Whitfield County shall receive an annual salary in the amount of $3,600.00, payable monthly out of county funds. The salary shall be in lieu of all fees and commissions authorized for coroners, except that the coroner shall be reimbursed for his ordinary and necessary expenses in the performance of his duties in Whitfield County. In lieu of the reimbursement of expenses as provided above, the governing authority may authorize the payment to the coroner of a reasonable monthly expense allowance.

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Section 2. The coroner shall appoint a deputy coroner to perform the duties of the coroner during the absence or disability of the coroner. The coroner shall notify the probate judge of the appointment of the deputy coroner. It will be the duty of the coroner to notify the probate judge in the event of his absence or disability. When performing the duties of the coroner, the deputy coroner shall receive the fees authorized by general law for coroners. The deputy coroner shall serve at the pleasure of the coroner. Section 3. This Act shall become effective 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 1980 session of the General Assembly of Georgia, a bill relative to the coroner and office of coroner of Whitfield County; and for other purposes. This 3rd day of January, 1980. Roger Williams Representative, 6th District Tom Ramsey R. L. Foster Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. L. Foster who, on oath, deposes and says that he/she is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation

Page 3700

was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following dates: January 4, 1980, January 11, 1980, January 18, 1980. /s/ R. L. Foster Representative, 6th District Sworn to and subscribed before me, this 23rd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. TOWN OF ARABI ELECTIONS. No. 1046 (House Bill No. 1719). AN ACT To amend an Act creating a new charter for the Town of Arabi in the County of Crisp, approved August 20, 1917 (Ga. Laws 1917, p. 496), as amended, so as to change the date of annual 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 Town of Arabi in the County of Crisp, approved August 20, 1917 (Ga. Laws 1917,

Page 3701

p. 496), as amended, is hereby amended by adding a new sentence at the end of Section 6 to read as follows: Beginning with the election held in 1980, the annual municipal election of the Town of Arabi shall be held on the second Tuesday of December. 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 1980 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Arabi in the County of Crisp, approved August 20, 1917 (Ga. Laws 1917, p. 496), as amended; and for other purposes. This 14th day of January, 1980. Howard H. Rainey Representative, 135th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he/she is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: January 17, 24, 31, 1980. /s/ Howard H. Rainey Representative, 135th District

Page 3702

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. CITY OF CENTERVILLE CORPORATE LIMITS. No. 1047 (House Bill No. 1720). AN ACT To amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. Laws 1958, p. 3323), as amended, particularly by an Act approved April 11, 1975 (Ga. Laws 1975, p. 2836), so as to define the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. Laws 1958, p. 3323), as amended, particularly by an Act approved April 11, 1975 (Ga. Laws 1975, p. 2836), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

Page 3703

Section 2. The corporate limits of said municipality shall extend over that territory embraced within the following description: Beginning at a point on the northerly boundary of Watson Boulevard (State Route No. 247 Connector) where the westerly line of land lot 114 of the fifth land districts of Houston County intersects therewith; thence in a northerly direction along the westerly line of land lots 114, 113 and 112 to a point where the southwesterly boundary of Houston Lake Boulevard intersects therewith; thence continuing in a generally northerly direction along the westerly boundary of Houston Lake Boulevard to a point where the northerly line of Gunn property intersects therewith; thence in a westerly direction along the northerly line of said Gunn property for 1600 feet to a point; thence in a northerly direction along a line parallel to Houston Lake Boulevard to a point 1000 feet northerly of the northerly boundary of Thomson Street; thence in an easterly direction along a line parallel with said Thomson Street to a point where the easterly boundary of Houston Lake Boulevard intersects therewith; thence in a southerly direction along the easterly boundary of Houston Lake Boulevard to the northwest corner of Lot 5, Pike Estates; thence N 8939[UNK]30[UNK] E for 440 feet to a point; thence S 036[UNK]30[UNK] W for 350 feet to a point; thence S 8939[UNK]30[UNK] W for 440 feet to a point on the easterly boundary of Houston Lake Boulevard; thence in a southerly direction along the easterly boundary of said Houston Lake Boulevard for 600 feet to a point on the northerly line of Land Lot 112; thence in an easterly direction along the northerly line of land lot 112 to a point where the westerly boundary of Collins Avenue (formerly Holt Road) intersects therewith; thence continuing along the extension of said line to the easterly boundary of Collins Avenue; thence in a northerly direction along the easterly boundary of Collins Avenue for 681 feet, more or less, to a point where the southerly boundary of Crestwood Road intersects therewith; thence in a easterly direction along the southerly boundary of Crestwood Road for 293.35 feet to a point; thence S 0643[UNK] W for 140.45 feet to a point; thence along an arc, having a radius of 115 feet, to the left for 190.0 feet to a point; thence N 0321[UNK] E for 129.7 feet to a point being the southwest corner of Lot 2, Block `C', Section No. 1, Crestwood Estates Subdivision; thence N 8935[UNK] E for 345.0 feet to a point; thence N 7600[UNK] E for

Page 3704

115.0 feet to a point; thence N 6048[UNK] E for 242.0 feet to a point; thence N 8430[UNK] E for 102.0 feet to a point; thence S 8814[UNK]30[UNK] E for 271.5 feet to a point; thence N 0222[UNK] E for 225.0 feet to the northerly boundary of Crestwood Road; thence N 8814[UNK]30[UNK] W along the northerly boundary of Crestwood Road for 120.0 feet to a point where the easterly boundary of Bauman Drive intersects therewith; thence N 0222[UNK] E along the easterly boundary of Bauman Drive for 175.1 feet to a point being the southwest corner of Lot 12, Block `A', Extension No. 1, Browndale Estates Subdivision; thence S 8814[UNK] E for 1397.15 feet to a point where the easterly line of Land Lot 124 intersects therewith; thence N 045[UNK]30[UNK] E along the easterly line of said land lot 124 for 459.5 feet to a point being the northeast corner of Lot 1, Block `B', Extension No. 1, Browndale Estates Subdivision; thence N 8908[UNK] W for 789.6 feet to a point; thence N 003[UNK] E for 1526.8 feet to a point; thence due west for 630 feet to a point; thence N 140[UNK] E for 403 feet to a point; thence N 243[UNK] E for 94.6 feet to a point; thence N 300[UNK] W for 221.4 feet to a point; thence S 8919[UNK] E for 2410.5 feet to a point; thence S 8858[UNK] E to a point where the westerly boundary of Scarborough Road intersects therewith; thence in a northerly direction along the westerly boundary of Scarborough Road for 692 feet, more or less, to the northeasterly corner of Lot 1, Block `E', Section No. 3, Westover Hills Subdivision; thence N 8941[UNK] E to a point where the westerly boundary of Carl Vinson Parkway (formerly Bateman Road) intersects therewith; thence S 053[UNK] W along the westerly boundary of said road to a point where Carl Vinson Parkway begins to curve to the right; thence continuing S 053[UNK] W to a point where the southerly boundary of Elberta Road intersects therewith; thence in a westerly direction along the southerly boundary of said Elberta Road to point where the easterly boundary of Archdale Drive intersects therewith; thence S 0130[UNK] E along the easterly boundary of said Archdale Drive for 289.63 feet to a point; thence N 8830[UNK] E for 125 feet to a point; thence S 0130[UNK] E for 200 feet to a point; thence S 8830[UNK] W for 125 feet to a point on the easterly boundary of Archdale Drive; thence S 0130[UNK] E along the easterly boundary of said Archdale Drive for 100 feet to a point where the northerly boundary of Mason Drive intersects therewith; thence N 8830[UNK] E along the northerly boundary of said Mason Drive for 25 feet to a point; thence S 0130[UNK] E for 350 feet to a point;

Page 3705

thence S 8830[UNK] W for 100 feet to a point; thence N 0130[UNK] W for 350 feet to a point on the northerly boundary of Mason Drive; thence N 8830[UNK] E along the northerly boundary of Mason Drive to a point where the westerly boundary of Archdale Drive intersects therewith; thence N 0130[UNK] W along the westerly boundary of said Archdale Drive for 589.6 feet to a point on the southerly boundary of Elberta Road; thence in a generally westerly direction along the southerly boundary of said Elberta Road to a point where the southeasterly boundary of Carl Vinson Parkway intersects therewith; thence in a generally southwesterly direction along the southeasterly boundary of Carl Vinson Parkway to a point where the southeasterly extension of the southwesterly boundary of the southwesterly ramp of Elberta Road intersects therewith; thence in a generally northwesterly direction along said extension of said ramp boundary to the northwesterly boundary of Carl Vinson Parkway; thence continuing in a northwesterly direction along the said ramp boundary to a point where said ramp boundary intersects with the southerly boundary of Elberta Road; thence in a generally westerly direction along the southerly boundary of said Elberta Road to a point 1064.04 feet easterly of the intersection of the southerly boundary of Elberta and the easterly boundary of Collins Avenue; thence S 033[UNK]20[UNK] W for 450.55 feet to a point; thence S 8930[UNK] W for 369.9 feet to a point being 700 feet easterly of the easterly boundary of Collins Avenue; thence in a southerly direction to the northwesterly corner of Lot 1, Block `A', Sentry Oaks Subdivision; thence S05[UNK] E for 439.05 feet to the southwesterly corner of Lot 1, Block `B' of said Subdivision; thence continuing in a southerly direction along the westerly property line of Tower, Inc. property to a point on the northerly boundary of Watson Boulevard (State Route 247 connector); thence in a westerly direction along the northerly boundary of said road to the point of beginning. Provided, however, that there is excepted and excluded from the territory within the corporate limits of said City the following described area, to wit: Beginning at a point where the northerly boundary of Elberta Road intersects with the easterly boundary of Collins Avenue; thence in a northerly direction along the easterly boundary of said Collins Avenue for 2038 feet to a point being

Page 3706

the northwesterly corner of Bobby Singleton property; thence N 8904[UNK]30[UNK] E for 210.0 feet to a point; thence S 5739[UNK]00[UNK] E for 236.74 feet to a point; thence N 001[UNK]30[UNK] W for 84.9 feet to a point; thence N 8904[UNK]30[UNK] E for 976.87 feet to a point; thence S 0222[UNK] W for 210.22 feet to a point; thence N 8904[UNK]30[UNK] E for 901.11 feet to a point; thence S 045[UNK] W for 1460.04 feet to a point on the northerly boundary of Elberta Road; thence in a generally westerly direction along the northerly boundary of Elberta Road 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 Legal Legislation. Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia, a bill to amend the charter of the City of Centerville so as to extend the corporate limits; to appeal conflicting laws; and for other purposes this 21st day of January 1980. Ted Waddell Representative, 113th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted W. Waddle who, on oath, deposes and says that he/she is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal

Page 3707

which is the official organ of Houston County, on the following dates: January 24, 31, 1980, February 7, 1980. /s/ Ted W. Waddle Representative, 113th District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. COLUMBIA COUNTY BOARD OF COMMISSIONERS CREATED, REFERENDUM. No. 1049 (House Bill No. 1730). AN ACT To create a new board of commissioners of Columbia County; to provide for the qualifications and elections of members; to provide for election districts; to provide for a chairman and vice chairman; to provide for powers and duties and compensation of members, including the chairman and vice chairman; to provide for standing committees; to provide for ordinances, rules, and regulations; to provide for contracts; to provide for an orderly transition of office; to repeal a specific Act; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3708

Section 1 . There is hereby established in the County of Columbia a board of commissioners, which board shall be the governing authority of said county and shall be composed of five members to be elected as hereinafter provided. For the purposes of electing members of the board, Columbia County is divided into five election districts as follows: Election District No. 1 shall be composed of all of that territory within Columbia County embraced within Georgia Militia Districts No. 125 and No. 125-1 (Evans). Election District No. 2 shall be composed of all of that territory within Columbia County embraced within Georgia Militia Districts No. 125-A and No. 125-A-1 (Martinez). Election District No. 3 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 128 (Harlem). Election District No. 4 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 1285 (Grovetown) and Georgia Militia District No. 126 (Sardis) (Kiokee). Election District No. 5 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 135 (Hazen), Georgia Militia District No. 134 (Leah) (Dunn Chapel), Georgia Militia District No. 129 (Appling), and Georgia Militia District No. 131 (Winfield). Section 2 . (a) The first election for members of the board of commissioners of Columbia County, Georgia, shall be held in the general election of 1980. Candidates elected to the board shall take office on the first day of January following their election. The two candidates elected to the board who receive the least number of votes shall serve a term of two years, the remaining three candidates elected to the board shall serve for a term of four years, and all shall serve until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board shall be elected in the general election in which their terms of office shall expire; shall take office on the first day of January following their election; and shall serve for a term of four years and until their successors are duly elected and qualified.

Page 3709

(b) One member of the board shall be from each district and shall be a bona fide resident of the district he represents. Each member of the board shall be elected by the qualified voters of the entire county. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a run-off election shall be conducted for that particular seat in accordance with the provisions of the Georgia Election Code, as now or hereafter amended. Section 3 . (a) The commissioners shall, at their first meeting in January of each year, elect one of their number to serve as chairman for the ensuing calendar year. In the event a vacancy occurs in the office of chairman by reason of death, resignation, disability, or from any other cause, the members of said board of commissioners shall elect from their membership a person to serve as chairman of the board for the remainder of that calendar year. A member shall not serve as chairman for more than two consecutive years, but such a member may again serve as chairman after a lapse of one year. (b) At the first meeting in January of each year, the commissioners shall also elect one of their number to serve as vice chairman of the board of commissioners for the ensuing calendar year, who shall serve as chairman of the board of commissioners in the absence of the chairman. Section 4 . In the event that any vacancy shall occur in the term of office of any of said commissioners from death, resignation, disability, or otherwise, it shall be the duty of the board of commissioners to notify the election superintendent of Columbia County, Georgia, who shall immediately call a special election in order to fill said vacancy. The special election shall be held in accordance with the Georgia Election Code. Section 5 . (a) The chairman of the board of commissioners of Columbia County, Georgia, shall receive an annual salary of $5,000.00, payable in equal monthly installments from county

Page 3710

funds. Each of the other members of said board shall receive an annual salary of $1,800.00, payable in equal monthly installments from county funds. (b) Each member of said board, before entering upon the discharge of his duties as such, shall take and subscribe before the judge of the Probate Court of Columbia County the following oath, to wit: I do hereby solemnly swear that I will faithfully discharge the duties of commissioner of Columbia County, Georgia, and that I will uphold to the best of my ability the ordinances and resolutions of Columbia County, Georgia, and the laws and Constitutions of the State of Georgia and the United States of America, so help me God. Section 6. Said board of commissioners of Columbia County shall meet at the courthouse in said county on the first Tuesday of each month and at the governmental office complex in Martinez, Georgia, on the third Tuesday of each month; provided, however, that said board shall meet at such other times as determined by the chairman or by a majority of said board of commissioners. Official actions of the board shall only be taken at the county site. Section 7. No person shall be eligible to be elected as a member of said board of commissioners unless he be a qualified voter of said county and shall have resided in said county for two years previous to the time of his election. Section 8. All ordinances and resolutions adopted by the board of commissioners of Columbia County, Georgia, prior to the effective date of this Act shall remain in full force and effect and are not repealed, modified, or changed by this Act. Section 9. The board of commissioners of Columbia County, Georgia, is hereby authorized to enact ordinances, rules, resolutions, and regulations implementing the powers granted by the Constitution and laws of the State of Georgia to the governing authorities of the various counties in the State of Georgia. In addition, the board shall have the following powers and duties:

Page 3711

(a) To cause the Code of Ordinances of Columbia County to be updated at least annually. (b) To maintain, or cause to be maintained, an accurate accounting of all financial affairs of the county and to submit a report thereof to the people annually. (c) To inspect, at least annually, roads, bridges, buildings, or other public works of the county and to submit a report of same to the people. (d) To prepare annually and cause to be filed in the permanent records of the county an inventory of all county property, both real and personal, which inventory shall show the amount of insurance coverage provided for each building, vehicle, or other item of county property. (e) To be solely responsible for employing the various department heads, including, but not being limited to, the controller, director of administrative services, county engineer, planning and zoning administrator, superintendent of the water and sewerage department, superintendent of the animal control department, or such other offices as it may be necessary from time to time to create. Said board of commissioners may delegate the hiring of other county employees to the respective department heads. (f) To organize the affairs of Columbia County within various departments, including, but not being limited to, engineering, roads, bridges and public works, planning and zoning, administrative services, finance, water and sewerage, recreation, and animal control, and to employ qualified personnel to head each such department. (g) To undertake and transact such other business as is necessary for the orderly conduct of county affairs. Section 10. The chairman of the board of commissioners shall: (a) Conduct all meetings of the board of commissioners in accordance with county ordinances heretofore or hereafter enacted. (b) Cause the director of administrative services to keep accurate minutes and records of each meeting of the board and cause same to be bound and kept in a permanent form.

Page 3712

(c) Represent Columbia County at all official functions which call for a representative from Columbia County. (d) Execute all contracts or other agreements on behalf of the county. Section 11. There are hereby created the standing committees of (1) finance; (2) planning and zoning; (3) roads, bridges, and public works; (4) water and sewerage; (5) public health and safety; and (6) general services and administration. At the first meeting in January of each year, the board of commissioners, by majority vote, shall appoint a chairman and one member to each of such committees. Said board of commissioners may, from time to time and as required, create other committees and assign thereto duties and powers necessary to carry out their functions. In the event such other committees are created, the board of commissioners, by majority vote, shall appoint from the board of commissioners one member as chairman and one additional member of each such committee; provided, however, in the event such other committees are created by the board of commissioners, same shall serve until dissolved by the board. Section 12. (a) The finance committee shall be administratively responsible for the financial affairs of Columbia County and the office of controller. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the financial affairs of the county. (b) The planning and zoning committee shall be administratively responsible for the planning and zoning department of Columbia County and the office of planning director. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the planning and zoning and related affairs of the county. (c) The roads, bridges, and public works committee shall be administratively responsible for the construction, repair, and maintenance of the roads, bridges, streets, buildings, landfills, and other public works of Columbia County. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances,

Page 3713

and mandates of the board of commissioners as they pertain to the roads, bridges, streets, buildings, and other public works of the county. (d) The water and sewerage committee shall be administratively responsible for the water and sewerage system of Columbia County and the water and sewerage department. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the water and sewerage system of the county and the water and sewerage department. (e) The public health and safety committee shall be administratively responsible for all matters of Columbia County pertaining to public health, safety, recreation, and the various departments within that category. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to public health and safety of the county. (f) The general services and administration committee shall be administratively responsible for the general services and administration of the affairs of Columbia County and the administrative department and other general service departments of Columbia County. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the general services and administration of the affairs of the county. The chairman of the board of commissioners shall serve as the chairman of the general services and administration committee. Section 13. The chairman of the board of commissioners shall be eligible to serve as chairman or member of any of the aforementioned standing committees or any other committee created by the board of commissioners. Section 14. All expenditures of county funds, from whatever source, shall be approved by the board of commissioners in accordance with ordinances heretofore or hereinafter enacted. Section 15. All contract agreements or other undertakings of a binding legal nature shall not be valid or binding upon the county

Page 3714

unless same have been approved by a majority vote of the members of the board of commissioners present at a regular or duly called meeting at which a quorum is present and thereafter entered upon the minutes of the board; provided, however, that, in the event the chairman is absent from any such meeting, the other members shall choose one of their number to serve as presiding officer at said meeting. Section 16. The board of commissioners of Columbia County is hereby prohibited from entering into any contract with any firm, partnership, joint venture, or corporation in which any member or members of said board have a financial interest, either directly or indirectly. Section 17. An Act of the General Assembly creating the board of commissioners of roads and revenues of Columbia County, Georgia, approved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, is hereby repealed in its entirety. Section 18. For the purposes of holding the referendum election, Section 19 shall become effective upon its approval by the Governor or upon its becoming law without his approval. If this Act is approved in the referendum provided for in Section 19, for the purposes of electing the members of the board of commissioners created by this Act at the 1980 general election, the provisions of Sections 1, 2, and 7 shall become effective immediately upon the approval of such Act in the referendum. If this Act is approved in the referendum provided for in Section 19, the remaining provisions of this Act shall become effective January 1, 1981. Section 19. Not less than 5 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 Columbia County to issue the call for an election for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Columbia County. The ballot shall have written or printed thereon the words:

Page 3715

[] YES [] NO Shall the Act providing for a new board of commissioners and providing for the board to elect the chairman be approved? All persons desiring to vote for approval of the Act shall vote `Yes,' and those persons desiring to vote for rejection of the Act shall vote `No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Columbia County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 20. All laws and parts of laws in conflict with 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 the State of Georgia a bill to amend an act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Georgia Laws 1927, p. 549), as amended; and for other purposes. This day of January 23rd, of 1980. William S. Jackson Representative, 77th District Georgia, Columbia County. Personally appeared Philip B. Blanchard, who being duly sworn says that he is Publisher of The Columbia News a Weekly newspaper

Page 3716

in Martinez, Georgia, and that the advertisement Notice of Intention to Introduce Local Legislation duly appeared in said newspaper on the following dates: January 23, 30; and February 6, 1980. /s/ Philip B. Blanchard Sworn to and subscribed before me, this 8th day of February, 1980. /s/ Judith M. Varnadore Notary Public, Georgia, State at Large. My Commission Expires Jan. 29, 1983. Approved March 21, 1980. MITCHELL COUNTY TAX COMMISSIONER PLACED ON SALARY BASIS. No. 1050 (House Bill No. 1734). AN ACT To abolish the present method of compensating the tax commissioner of Mitchell County known as the fee system and provide in lieu thereof an annual salary for said officer; 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.

Page 3717

Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the tax commissioner of Mitchell County is hereby abolished. Section 2. The tax commissioner shall receive an annual salary to be determined within the discretion of the governing authority of Mitchell County, except that the annual salary shall never be less than the minimum annual salary provided by general law for a tax commissioner in a county having the same population as that of Mitchell County. The salary shall be payable in equal monthly installments from county funds. Section 3. All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Mitchell 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, or its successor law 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 4. Subject to the provisions of Section 6, the tax commissioner 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 tax commissioner, during his term of office, to designate

Page 3718

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 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 Mitchell County. Section 6. Not later than the second Monday of September in each year the tax commissioner shall submit a proposed budget for his office for the ensuing budget year to the county governing authority. The proposed budget shall include the salary of the tax commissioner, the number and salaries of employees of the tax commissioner, and all other lawful expenditures proposed for the operation of the office of tax commissioner. The county governing authority, after consultation with the tax commissioner, shall decide, within its discretion, on the final budget. The decision of the county governing authority on the budget shall be binding on all parties for the ensuing calendar year. Section 7. 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 legislation will be applied for during the 1980 session of the Georgia Legislature, placing Tax Commissioner

Page 3719

of Mitchell County on salary, fixing the salary of such office and for other purposes. Board of Commissioners of Mitchell County, Frank S. Twitty, Sr. County Attorney Camilla, Georgia Georgia, Mitchell County. Personally appeared before the undersigned officer authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear. Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 11, 18 and 25, 1980. /s/ B. T. Burson Sworn to and subscribed before me, this 31st day of January, 1980. /s/ Kellie P. White Notary Public, My Commission Expires Sept. 13, 1982. (Seal). Approved March 21, 1980.

Page 3720

GORDON COUNTY VACANCIES ON BOARD OF EDUCATION, REFERENDUM. No. 1051 (House Bill No. 1745). AN ACT To amend an Act creating a new Board of Education of Gordon County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2447), so as to change the provisions relative to filling vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Board of education of Gordon County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2447), is hereby amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) In the event a vacancy occurs on the board for any reason other than the expiration of the term of office, the remaining members of the board shall elect a person from the vacant member's respective area as described in subsection (a) of Section 2 of this Act to serve until the next general election, and at such election a successor shall be elected to fill such vacancy for the unexpired term or such successor shall be elected for a full term if the vacancy occurred during the last two years of the term of office. Only voters of Gordon County residing within the Gordon County School District shall be eligible to vote at an election provided for herein. Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Gordon County to issue the call for an election for the purpose of submitting this Act to the electors of the Gordon County School District for approval or rejection. The superintendent shall set the date of such election for August 12, 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the

Page 3721

election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gordon County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing that vacancies occurring on the Board of Education of Gordon County shall be filled by the remaining members of the board only until the next general election at which time such vacancy shall be filled by the voters of the Gordon County School District be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Gordon County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating a new Board of Education of Gordon County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as amended; and for other purposes.

Page 3722

This 18th day of January, 1980. Ernest Ralston Representative, 7th District 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 and Gordon County News which is the official organ of Gordon County, on the following dates: January 23, 30, February 6, 1980. /s/ Ernest Ralston Representative, 7th District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980.

Page 3723

COMPENSATION OF NAMED OFFICIALS OF CERTAIN COUNTIES (145,000 - 165,000). No. 1052 (House Bill No. 1755). 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), an Act approved March 16, 1978 (Ga. Laws 1978, p. 3860), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4195), 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), an Act approved March 16, 1978 (Ga. Laws 1978, p. 3860), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4195), 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 $ 1,874.25 judge of probate court $ 2,143.74 tax commissioner $ 1,995.00 judge of state court $ 2,916.66 solicitor of state court $ 1,424.43 coroner $ 982.80 judge of civil court $ 2,259.60 associate judge of civil court $ 1,874.25 chairman, board of commissioners $ 783.33 county commissioners $ 583.33 district attorney $ 625.62 judges of the superior court $ 848.24 sheriff $ 2,452.80.

Page 3724

Provided, however, that the judge of the state court shall not be permitted to engage in the private practice of law. Section 2. This Act shall become effective on April 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1980. ECHOLS COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT. No. 1053 (House Bill No. 1767). AN ACT To amend an Act to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County, approved March 23, 1977 (Ga. Laws 1977, p. 3510), so as to change the supplement which shall be paid; to change the supplement which may be paid; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County, approved March 23, 1977 (Ga. Laws 1977, p. 3510), is hereby amended by striking Section 1 of said Act, which reads as follows: Section 1. In addition to any compensation otherwise provided by law for the Clerk of the Superior Court of Echols County, the

Page 3725

compensation of the Clerk of the Superior Court of Echols County shall be supplemented by the governing authority of Echols County in the amount of $900.00 per annum. The governing authority of Echols County, within its discretion, may increase the amount of said supplement to a total amount of not more than $1,800.00 per annum. The supplement provided for in this section shall be paid in equal monthly installments from the funds of Echols County., and substituting in lieu thereof a new Section 1 to read as follows: Section 1. In addition to any compensation otherwise provided by law for the Clerk of the Superior Court of Echols County, the compensation of the Clerk of the Superior Court of Echols County shall be supplemented by the governing authority of Echols County in the amount of $6,000.00 per annum which supplement shall be paid in equal monthly installments from the funds of Echols County. In addition, the governing authority of Echols County, in its discretion, may increase the amount of this supplement to a total amount of not more than $10,000.00. 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 at the regular 1980 Session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Superior Court of Echols County, Georgia; to provide for other matters relative to the foregoing, and for other purposes. This 9th day of January, 1980. Henrv L. Reaves Representative, 147th District

Page 3726

William P. Langdale, Jr. Langdale, Vallotton and Hickman Attorneys at Law State of Georgia. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is the Representative from Echols County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times, which is the official organ of said County, on the following dates: January 11, 1980, January 18, 1980, January 25, 1980. /s/ Henry L. Reaves Representative, 147th District Sworn to and subscribed before me, this 13th day of February, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 21, 1980.

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ECHOLS COUNTY BOARD OF COMMISSIONERS. No. 1054 (House Bill No. 1768). AN ACT To amend an Act establishing a Board of Commissioners of Echols County, approved February 3, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an Act approved February 15, 1957 (Ga. Laws 1957, p. 2156), so as to reconstitute said board of commissioners; to change the term of office of said commissioners; to provide for the manner of election of said commissioners; to continue the present commissioners until their term of office ends; to provide 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 Board of Commissioners of Echols County, approved February 3, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an Act approved February 15, 1957 (Ga. Laws 1957, p. 2156), is hereby amended by striking in its entirety Section 2, which reads as follows: Section 2. From and after the passage of this Act and its approval by the Governor there shall be established in the County of Echols, State of Georgia, a board of commissioners of roads and revenues to consist of three persons to be elected by the voters of Echols County and commissioned by the Governor. Said commissioners shall hold office for terms of two years from January 1, 1953, and until their respective successors have been elected and qualified. Thereafter the election of said commissioners shall be at the regular time of holding elections for members of the legislature. The terms of office of said commissioners shall be for two years and until their respective successors have been elected and qualified. They shall be nominated and elected by the voters of the entire county, and the three persons receiving the highest number of votes shall be declared elected., and inserting in its place a new section to read as follows:

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Section 2. There shall be a Board of Commissioners of Echols County to consist of three persons to be elected by the voters of Echols County and commissioned by the Governor. Said commissioners shall hold office for terms of four years from January 1, 1981, and until their respective successors have been elected and qualified. Said commissioners shall be elected at the November general election in 1980, and at the November general election every four years thereafter. There shall be three posts on said board designated as `Post 1,' `Post 2,' and `Post 3'. Each candidate for office on said board of commissioners shall be required to designate by number the post to which he seeks to be elected. Elections of members shall be held in accordance with the `Georgia Election Code.' Section 2. The members of the board of commissioners in office on the effective date of this Act shall continue to serve out the remainder of the term of office for which they were elected and until their successors are elected and qualified. 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 1980 Session of the General Assembly of Georgia, a bill to provide for the terms of the members of the Board of Commissioners of Echols County, Georgia, and to provide for the election to a post on the Board of Commissioners of Echols County, Georgia; to change the compensation for the members of the Board of Commissioners of Echols County, Georgia; to provide for the election of the chairman of the Board of Commissioners of Echols County, Georgia; to repeal conflicting laws; to provide for other matters relative to the foregoing, and for other purposes.

Page 3729

This 9th day of January, 1980. Henrv L. Reaves Representative, 147th District William P. Langdale, Jr. Langdale, Vallotton and Hickman Attorneys at Law State of Georgia. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is the Representative from Echols County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times, which is the official organ of said County, on the following dates: January 11, 1980, January 18, 1980, January 25, 1980. /s/ Henrv L. Reaves Representative, 147th District

Page 3730

Sworn to and subscribed before me, this 13th day of February, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 21, 1980. CITY OF ALPHARETTA ELECTIONS, ETC. No. 1055 (House Bill No. 1834). AN ACT To amend an Act establishing a new Charter for the City of Alpharetta, Georgia, approved March 3, 1961 (Ga. Laws 1961, page 2127), as amended and all amendatory acts that refer to the time elections shall be held in said City, how vacancies are to be filled, when and how special elections shall be held and the method by which candidates are elected. Be it enacted by the General Assembly of Georgia: Section 1. That Section 5 of the Act approved March 3, 1961 (Ga. Laws 1961, page 2127) and all acts amendatory thereof, be and the same is hereby amended as follows: Section 2. By striking said Section 5 and substituting in lieu thereof a new section known as Paragraph 5 to read as follows:

Page 3731

There shall be a Municipal General Election biennially on the third Tuesday of October. There shall be elected the mayor and three council members at one election and every other election thereafter. The first election to be held on the third Tuesday in October, 1980. The remaining city council seats and the office of recorder shall be filled at the election alternating with the first group, so as a continuing body is created. Be it enacted by the General Assembly of Georgia: Section 3. That there be a new section added to said above referred to act, to be known as 5A, creating a new Charter for the City of Alpharetta as amended by adding the following: Section 4. In the event that the office of mayor, councilmember or judge shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election within 90 days to fill the balance of the unexpired term of such office; the mayor and city council shall set their own rules governing said election; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term for councilmember or judge. If the office of mayor shall become vacant within 12 months of the expiration of the term of that office, the mayor pro tem shall serve the remainder of the term and his position as councilmember shall be filled by appointment by the city council. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885); as now or hereafter amended. Section 5. That there be a new section added to said above referred to act, to be known as 5B, creating a new Charter for the City of Alpharetta as amended by adding the following: Section 6. All councilmember positions shall be designated by Post Numbers 1 through 6. All candidates for election to councilmember positions shall designate at the time of qualifying the positions to which they are seeking election. All positions are city at large positions. Councilmember position now held by Charles Rainwater is hereby designated as Post 1, councilmember position now held by Joseph Bostardi is hereby designated as Post 2, councilmember

Page 3732

position now held by Aubrey Cagle is hereby designated as Post 3, councilmember position now held by C. F. Hill is hereby designated as Post 4, councilmember position now held by Billy Hunter is hereby designated as Post 5, councilmember position now held by William C. David, Jr. is hereby designated as Post 6. Candidates for councilmember positions numbers 1, 2, and 3 shall be elected in the 1980 election. The mayor and candidates for councilmember positions numbers 4, 5, and 6 shall be elected in the 1982 election. Be it enacted by the General Assembly of Georgia: Section 7. The candidates for mayor and councilmember position receiving a plurality of the votes cast for any city office shall be elected. Section 8. That all laws and parts of laws in conflict with Section 5, 5A and 5B be and the same are hereby repealed. Section 9. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of the act, and it is hereby declared by authority aforesaid that all of the requirements of law relative to such notice have been complied with for the enactment of this act. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the next January, 1980 session of General Assembly of Georgia, a bill to amend the act creating a new Charter for the City of Alpharetta, Georgia as approved March 3, 1961 and acts amendatory thereof by providing for the time of elections in said city, how vacancies are filled, when and how special elections shall be held and the method by which candidates are elected and for other purposes.

Page 3733

This 28th day of January, 1980. Jimmy Phillips Mayor, City of Alpharetta D. William Garret, Jr. City Attorney City of Alpharetta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther 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 29, February 5, 12, 1980. /s/ Luther Colbert Representative, 23rd District

Page 3734

Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 21, 1980. PUBLIC ZOOS IN CERTAIN MUNICIPALITIES (MORE THAN 300,000). No. 104 (Senate Resolution No. 269). A RESOLUTION To authorize municipal corporations of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census to enter into certain valid and binding leases and contracts to provide for the operation and maintenance of public zoos on municipal property; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3735

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such 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 50 years to provide for the operation and maintenance of public zoos on municipal property. Section 2. This resolution 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 resolution are hereby repealed. Approved March 24, 1980. STATE COURT OF FULTON COUNTY MAGISTRATES. No. 1104 (Senate Bill No. 525). AN ACT To amend an Act approved March 24, 1976 (Ga. Laws 1976, p. 3023) creating the State Court of Fulton County so as to create for said State Court the office of Magistrate; to provide for the powers and jurisdiction of said magistrate; to provide for additional powers and jurisdiction of said magistrate, including the authority to issue arrest warrants, search warrants, to conduct courts of inquiry, and the authority to set bail; to provide the said magistrate shall have the right to try certain traffic offenses; to provide for the number of magistrates; to provide for qualifications of magistrates; to provide

Page 3736

for compensation of magistrates; to provide for limitation on employment of magistrates; to provide for an oath of office; to provide for a term of office and method of selection of magistrates; to provide for rules and forms to be used by the magistrates; to provide that the magistrate shall have authority to punish for contempt; to provide that the offices and places of conducting trial of the magistrates shall be determined by the Chief Judge of the State Court of Fulton County; to provide that a judge of the State Court of Fulton County may substitute for the magistrate; to provide for the duties of the Clerk of the State Court of Fulton County in connection with magistrates; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Office of Magistrate created. Pursuant to Article VI, Section I, Paragraph I of the Constitution of the State of Georgia, an Act approved March 24, 1976 (Ga. Laws 1976, p. 3023), creating the State Court of Fulton County, is hereby amended to hereby create and establish for the State Court of Fulton County the office of magistrate. Section 2. Magistrate; powers and jurisdiction. Said magistrate shall have county-wide jurisdiction to hear and determine cases involving the following: (a) Violations of all county ordinances and regulations; (b) Violations of all state and county traffic laws and regulations; (c) Civil cases referred by the Chief Judge of the State Court of Fulton County; and (d) Violations of all State Game and Fish laws and regulations. Section 3. Magistrate; additional powers and jurisdiction; Ex-Officio Justice of the Peace; warrants; commitments; bail. Said magistrate shall be to all intents and purposes a justice of the peace so far as to enable him:

Page 3737

(a) To issue arrest warrants for the apprehension of any person who is charged on oath with a violation of any penal law including traffic law violation of the State of Georgia or for the violation of any Fulton County ordinance. Said warrants shall be directed to any Sheriff, Deputy Sheriff, Coroner, Constable, or Marshal of the State of Georgia, and any one of said officers shall have authority to execute said warrants. (b) To issue search warrants pursuant to Ga. Code Ann. Chpt. 27-3 for the search of any person or premises within the county for evidence of a violation of any penal law of the State of Georgia or of a violation of any Fulton County ordinance which a law enforcement officer under oath presents probable cause for the issuance thereof. Said warrants shall be directed to all peace officers of the State of Georgia, and any one of said officers shall have authority to execute said warrants. (c) Said magistrate as an Ex-Officio Justice of the Peace shall have the power and authority to conduct a Court of Inquiry pursuant to Ga. Code Ann. Chpt. 27-4 and to examine any person arrested on warrants issued by him or any other justice of the peace or other authority and to bind over to appropriate Fulton County courts misdemeanor and felony offenders against the laws of the State of Georgia and to commit to the jail of Fulton County said misdemeanor and felony offenders and in bailable cases, other than for the offenses of murder, armed robbery, kidnapping, rape, aircraft hijacking, treason, perjury, or any violation involving controlled substances, to set bail for their appearance at the next and succeeding terms of a court of competent jurisdiction to be held in Fulton County. (d) Said magistrate may issue such warrants and commit and set bail for such persons, all without regard to whether or not such offense is alleged to have been committed within or without the corporate limits of any municipality within Fulton County. Section 4. Magistrate; trial of traffic law violators; exception as to jury trial; penalty for failure of person cited to appear. (a) Said magistrate shall conduct a trial of traffic offenders according to the rules of evidence and rules of practice and procedure in the same manner as in the State Court of Fulton County

Page 3738

except that trial may be had upon the citation form developed by the Department of Public Safety pursuant to authority of Georgia Code Ann. 92A-2701; trial upon accusation shall not be required. (b) Said magistrate, prior to the trial of any traffic law violation, shall advise the accused of his right to a jury trial and upon being informed of the accused's desires to have a jury trial shall transfer the case to the Criminal Division of the State Court of Fulton County. Said magistrate shall obtain a written waiver of jury trial prior to the trial of the case. (c) A willful failure of any person accused of violating a traffic regulation to appear as directed by the citation given him by the arresting officer shall constitute an offense which may be punished by a fine not to exceed $100.00 or confinement in the Fulton County jail for a period not to exceed three days, or both fine and confinement. Section 5. Magistrate; number. The number of magistrates appointed shall be three. Section 6. Magistrate; qualifications. The magistrate shall be at least 25 years of age, a citizen and resident of Fulton County, admitted to practice law in the State of Georgia for three years, and of good moral character. Section 7. Magistrate; compensation. The Board of Commissioners shall fix the compensation of said magistrates, but the same shall be not less than $25,000.00 per annum, paid in equal monthly installments. Section 8. Magistrate; limitation on other employment. Said magistrate shall be ineligible to hold any other public office or to engage in the practice of law in any court of this State or of the United States during his term of office. Section 9. Magistrate; oath of office. The magistrate shall, prior to entry upon the duties of the office, take the following oath: I,..... swear that I will administer justice without respect of persons, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties

Page 3739

incumbent upon me as a magistrate of Fulton County according to the best of my ability and understanding and agreeably to the laws and Constitution of this State and the Constitution of the United States. I do further solemnly swear and affirm that I am not the holder of any public money due this State unaccounted for; that I am not the holder of any office of trust under the government of the United States (except postmaster), nor of either of the several states, nor of any foreign state, and that I am otherwise qualified to hold said office, according to the Constitution of the United States and laws of Georgia, and that I will support the Constitutions of the United States and of this State. SO HELP ME GOD! Section 10. Magistrate; term of office; method of selection. Each magistrate shall be selected and appointed by a majority vote of Judges of the State Court of Fulton County. The initial appointments of all magistrates under the terms of this law shall be effective July 1, 1980, with one person appointed to a four-year term, one person appointed to a three-year term, one person appointed to a two-year term, etc., the intent being that the terms of office of the magistrates be for staggered terms. As each initial term of office expires, appointment thereafter shall be for a term of four years. In the event of a vacancy in office from whatever cause, the appointment of a successor shall be for the balance of the term only. Section 11. Rules of State Court. A majority of the Judges of the State Court of Fulton County shall make such rules and regulations for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act to which the Office of Magistrate will be subject and said judges 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 12. Contempt. The magistrate shall have the power to punish for contempt by fine not exceeding $100.00 or imprisonment in the Fulton County jail for ten days, or both, or any part thereof. Section 13. Multiple magistrates. Whenever the term magistrate appears in this Act, it shall be deemed to mean all magistrates of said Office of Magistrate. Section 14. Office of Magistrate; location; time. Said magistrates shall maintain offices and conduct trials and hearings at such

Page 3740

times and such locations as designated by the Chief Judge of the State Court of Fulton County. Section 15. Magistrate; disability; disqualification. Whenever a magistrate shall be unable, from absence, sickness, disability, disqualification, or other case, to discharge any duty whatsoever appertaining to his office, any judge of the State Court of Fulton County may be designated by the Chief Judge of the State Court of Fulton County to substitute in all respects in the place and stead, and in the matter or matters aforesaid of the magistrate unable to act. Section 16. Clerk. The Clerk of the State Court of Fulton County shall keep all records required to be kept by said magistrate, to collect all costs, fines and forfeitures, and to remit same to the Director of Finance of Fulton County or such other persons as may be designated by the governing authority of Fulton County for deposit in the county depository as general funds of Fulton County, Georgia. All fines and forfeitures collected shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officers' Annuity and Benefit Fund as in cases tried in municipal courts of this State. Section 17. Each magistrate shall be provided with a Secretary and, as required, a Fulton County Police Officer shall serve as bailiff of the Court. Section 18. For the purposes of retirement benefits, insurance coverage, vacation leave and other employee rights and obligations, the magistrate shall be considered a general county employee. Section 19. Severability clause. Should any section or part of a section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid. Section 20. Effective date. This Act shall become effective July 1, 1980. Section 21. Conflicting laws repealed. 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 there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act approved 2-24-76 creating the State Court of Fulton County (Ga. L. 1976, p. 3023), as amended; and for other purposes. This 10th day of January, 1980. John Tye Ferguson Associate County Attorney, Fulton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Todd Evans who, on oath, deposes and says that he/she is Senator from the 37th 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 11, 18, 25, 1980.

Page 3742

Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. RABUN COUNTY SMALL CLAIMS COURT CREATED. No. 1107 (Senate Bill No. 537). AN ACT To create and establish a Small Claims Court in and for Rabun County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms, and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the

Page 3743

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. (a) There is hereby created and established a Small Claims Court in and for Rabun County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace in civil cases by the laws of the State of Georgia. (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 Rabun County or the Superior Court of Rabun 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. (a) Any person elected or appointed as a judge of the small claims court created by this Act must be a resident of Rabun County, must be at least 25 years of age, and shall be a member of the State of Georgia Bar Association and licensed to practice law in said state. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least 21 years of age and must be residents of the county. Section 3. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Rabun 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 3744

unable to act, may perform such duties, and hear and determine all such matters as may be submitted to him, and may 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 may be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the small claims court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit who is specially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from moneys 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

Page 3745

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 $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. (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 45 days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $15.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be taxed against the party not prevailing. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied

Page 3746

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. 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

Page 3747

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 Rabun 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) 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 3748

(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 $2.00 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 16. Review of judgments returned in the small claims court may be had by writ of certiorari to the superior 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: Small Claims Court of Rabun County

Page 3749

Page 3750

Section 18. The Judge of the Small Claims Court of Rabun County shall be elected by the electors of Rabun County for a term of office of four years and until his successor is duly elected and qualified. The initial judge shall be appointed by the judge of superior courts of the Mountain Judicial Circuit within 30 days of the effective date of this Act. Such initial judge shall hold office until January 1, 1983. His successor shall be elected for a four-year term at the general election in 1982. Thereafter, successors to the office of judge of the Small Claims Court of Rabun County shall be elected in the general election to be held immediately preceding the expiration of a term of office and the person so elected shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the judge of the Superior Court of Rabun County from a list of the members of the State Bar of Georgia, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, may be furnished by the Board of County Commissioners. They may also provide a suitable room in the courthouse for the holding of said court. In the event that the Board of County

Page 3751

Commissioners fails to furnish any of the above items, the judge shall have the authority to assess in each case an administrative fee to cover the cost of said items not to exceed $2.50 in addition to the deposit of costs required by Section 8. Section 20. Said small claims court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508; but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. It shall be the duty of the judge of the small claims court to hold a session of court on the first Saturday of each month, or the second Saturday if the first Saturday falls on a legal holiday, and to hold evening sessions of such court as necessary to permit the attendance of persons who are unable to attend court during the normal working day. 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 24 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 $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 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $5.00.

Page 3752

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 1980 session of the General Assembly of Georgia a bill to establish a Small Claims Court of Rabun County, Georgia, and for other purposes. Georgia, Rabun County. Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, James H. Wallace who on oath deposes and says that he is the publisher of The Clayton Tribune, a newspaper published in Clayton, Georgia, of general circulation, and that the attached advertisement has been published in The Clayton Tribune once a week for 3 weeks in the regular issues of January 10, January 17, January 24, 1980. /s/ James H. Wallace

Page 3753

Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Janice Lovell Notary Public, Georgia State at Large. My Commission Expires July 18, 1981. (Seal). Approved March 25, 1980. JASPER COUNTY JUDGE OF PROBATE COURT PLACED ON SALARY BASIS. No. 1109 (Senate Bill No. 559). AN ACT To abolish the present mode of compensating the judge of the probate court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the judge of the probate court of Jasper County, known as the fee system, is hereby

Page 3754

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 Jasper County shall receive an annual salary of $15,000.00, payable in equal monthly installments from county funds; and such amount ($15,000.00) shall be increased in the amount of $500.00 for each year of office served by the judge of the probate court figured at the end of each such period of service; provided, the total salary of the judge of probate court shall not exceed $17,000.00. Such longevity increases in salary shall be retroactive and shall apply to the years served in such office by the incumbent on the effective date of this Act. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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. (a) The judge of the probate court shall have the authority to appoint one part-time clerk who shall receive an initial annual salary of not more than $3,600.00, with cost-of-living increases approved yearly by the governing authority of Jasper County. The governing authority of Jasper County shall determine the exact amount of salary received by the part-time clerk, which salary shall be payable in equal monthly installments from county funds. (b) The judge of the probate court, with the approval of the governing authority of Jasper County, shall have the authority to appoint such additional part-time clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time,

Page 3755

recommend to the governing authority of said county the number of such additional 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 determine the number of such personnel and to fix the compensation to be received by each such 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 clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. Section 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 Jasper County. Section 6. This Act shall become effective on July 1, 1980. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Georgia, Jasper County Notice is hereby given that at the 1980 Georgia Legislative Session there will be introduced an act to abolish the present mode of compensating the judge of the probate court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary;

Page 3756

to provide for the employment of necessary personnel and to provide for other necessary purposes. Culver Kidd Senator, 25th District Georgia, Jasper County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, William T. Hughes, Jr., who, having been duly sworn, deposes and says on oath that he is an authorized representative of The Monticello News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Monticello News, a local newspaper of general circulation in Monticello, Jasper, Georgia, on the following dates, January 10, 17, 24. This 4 day of February 1980. W. T. Hughes, Jr. Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Mrs. W. T. Hughes, Jr. Notary Public, Georgia State at Large. My Commission Expires Sept. 22, 1980. (Seal). Approved March 25, 1980.

Page 3757

OCONEE COUNTY BOARD OF COUNTY COMMISSIONERS. No. 1111 (Senate Bill No. 572). AN ACT To amend an Act creating the board of commissioners of Oconee County, approved April 18, 1917 (Ga. Laws 1917, p. 384), as amended by an Act approved August 19, 1919 (Ga. Laws 1919, p. 710), an Act approved August 15, 1929 (Ga. Laws 1929, p. 682), an Act approved February 15, 1933 (Ga. Laws 1933, p. 642), an Act approved February 5, 1952 (Ga. Laws 1952, p. 2036), an Act approved February 19, 1958 (Ga. Laws 1958, p. 2213), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2142), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3224), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3105), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3568), so as to reconstitute the board; to provide for members, terms, posts, elections, and officers; to define the office, salary, duties, and powers of the county manager; to provide for meetings, statements, vacancies, commissions, oaths, jurisdiction, records, and compensation of the board; to continue present members to the end of their term; to repeal specific laws; to provide 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 the board of commissioners of Oconee County, approved April 18, 1917 (Ga. Laws 1917, p. 384), as amended by an Act approved August 19, 1919 (Ga. Laws 1919, p. 710), an Act approved August 15, 1929 (Ga. Laws 1929, p. 682), an Act approved February 15, 1933 (Ga. Laws 1933, p. 642), an Act approved February 5, 1952 (Ga. Laws 1952, p. 2036), an Act approved February 19, 1958 (Ga. Laws 1958, p. 2213), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2142), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3224), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3105), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3568), is hereby amended by striking in its entirety Section 1 and inserting in its place a new section to read as follows:

Page 3758

Section 1. Board of commissioners of Oconee County. (a) There shall be a board of commissioners of Oconee County to consist of five members who shall be adult citizens of Oconee County. (b) Each candidate for said board shall designate one of five posts, known as `Post 1,' `Post 2,' `Post 3,' `Post 4,' and `Post 5,' to which he is seeking election. Election to each post shall be by a majority of the votes cast in the county at large. (c) Each member shall serve for a term of four years from January 1 after his election and until his successor is elected and qualified. Members shall be elected to Posts 1, 2, and 3 at the November general election in 1980 and every four years thereafter. Members shall be elected to Posts 4 and 5 at the November general election in 1982 and every four years thereafter. (d) (1) Notwithstanding subsection (c), members shall be elected to Posts 4 and 5 at the November general election in 1980; and said members shall serve for a term of two years from January 1 after their election and until their successors are elected and qualified. (2) This subsection (d) shall stand repealed in its entirety, effective January 1, 1982. Section 2. Said Act is further amended by striking in its entirety Section 2 and inserting in its place a new section to read as follows: Section 2. Officers. (a) At their first meeting in 1981 and every two years thereafter the members shall elect a chairman to serve for a period of two years and until his successor is elected and qualified. The duties of said chairman shall be to preside over meetings of the board, to represent the board at official meetings and functions, to serve as spokesman for the board, and to exercise general supervisory powers over county government personnel. (b) There shall be a vice-chairman elected by the members at the same time as and for the same term as the chairman. The vice-chairman shall perform the duties of the chairman in the absence of the chairman.

Page 3759

(c) For just cause shown, either the chairman or the vice-chairman may be removed from his office as chairman or vice-chairman by majority vote of the board after notice and hearing. Section 3. Said Act is further amended by striking in its entirety Section 3 and inserting in its place a new section to read as follows: Section 3. County administrator. (a) There is hereby created the office of county administrator of Oconee County. (b) The county administrator shall be appointed by majority vote of the board of commissioners of Oconee County. No member of the board of commissioners of Oconee County shall be appointed county administrator or acting county administrator during the term of office for which he was elected or for a period of one year thereafter. (c) The county administrator shall be chosen by the board of commissioners of Oconee County solely upon the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practices in respect to the duties of his office as hereinafter set forth. (d) The county administrator shall be appointed in January of each year for a term of one year. The county administrator shall be subject to suspension or removal from office at any time for just cause. In case of suspension or removal, the county administrator shall be given a written statement of the reasons for such action. He may within five days from receipt thereof request a public hearing thereon before the board of commissioners of Oconee County, which request shall be filed with the board. Upon receipt of such request, a hearing shall be set not earlier than ten days nor later than 15 days from the date of such request. Pending such hearing, and until final action has been taken thereon, the county administrator may be suspended from office and all of the duties hereof performed by some other person designated by the board of commissioners to perform such duties. The action of the board of commissioners in suspending or removing the county administrator shall be by majority vote and shall be final. (e) The county administrator shall be paid an annual salary to be fixed by the board of commissioners of Oconee County, and there shall be no reduction thereof during his term of office.

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(f) The county administrator shall be the chief administrative officer of the County of Oconee and head of the administrative branch of the county government. He shall be responsible to the board of commissioners of Oconee County for the proper administration of all affairs of Oconee County, except as otherwise provided by law, and it shall be his duty: (1) To appoint and, when in his discretion the welfare of the county requires it, suspend, discharge, transfer, or remove all employees for whom the said board is responsible, except the county attorney, who shall be appointed directly by the said board; but he may delegate to any department head such powers with respect to subordinates within that department; (2) To see that all ordinances, resolutions, rules, and regulations of said board and all laws of the state subject to enforcement by him or by officers or department heads subject to his direction and supervision are faithfully executed; (3) To exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created and to direct and supervise the administration of all county offices and specifically the construction, maintenance, and operation of all county roads, bridges, drains, buildings, and other public works and the care and maintenance of all real and personal property owned by Oconee County; (4) To attend all meetings of the board with the right to take part in the discussions but having no vote. The county administrator shall be entitled to notice of all special meetings; (5) To prepare and submit to the board the annual budget and capital program and to execute the budget and capital program adopted by the board, approving all disbursements and expenditures as budgeted or authorized by the board; (6) To examine regularly at periods fixed by the said board the accounts, records, and operations of every county board, commission, department, office, and agency which received appropriations from the said board; to make regularly monthly reports to the said board on county fiscal and other affairs; to keep the said board fully advised on the financial conditions and

Page 3761

future need of the county; and to make such recommendations on county affairs as he deems necessary for the efficient operation of the county; (7) To submit to the said board at the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year; (8) To confer and advise with all other elected or appointed officials of Oconee County who are not under the immediate control of the said board but who receive financial support from said board; (9) To fix the salaries of all officers and employees of the county, whom he has the right to appoint, subject, however, to supervision, control, or disapproval by the board; (10) To devote his entire time to the affairs of his office; and (11) To perform such other duties as may be required of him by the said board. (g) The county administrator shall be the chief purchasing agent for the county, by whom all purchases and supplies and all contracts therefor shall be made, and he shall sign all vouchers for the payment of the same under such rules and regulations as the board of commissioners may adopt; provided, that no contract, purchase, or obligation involving over $2,500.00 shall be valid and binding until after approval of the board of commissioners of Oconee County. (h) The county administrator shall be clerk of the board of commissioners of Oconee County. (i) The board of commissioners may designate some qualified person to act as acting county administrator in the absence of the county administrator. While so engaged, the acting county administrator shall have all of the rights, duties, and authority of the county administrator.

Page 3762

(j) The county administrator and any acting county administrator shall be required to execute and deliver a good and sufficient bond payable to the board of commissioners of Oconee County and the premium therefor to be paid by Oconee County. Section 4. Said Act is further amended by reenacting Section 4 to read as follows: Section 4. Meetings; statements. Said board, when chosen and organized as herein provided for, shall hold regular meetings on the first Tuesday in each month thereafter and a majority of same shall be a quorum. They shall publish monthly records of their expenditures and disbursements and of the county's general status and their report shall not be in ledger balances, but plain statements of what moneys received and from what source and how expended, and expressed so that any man of average experience can understand what they mean and what has been done with the county's money, and the board at the same time shall publish a full statement of how much money the county owes, and to whom. Section 5. Said Act is further amended by striking in its entirety Section 5 and inserting in its place a new section to read as follows: Section 5. Vacancies. Vacancies on said board shall be filled by the Grand Jury of Oconee County at its next session after the vacancy; but the senior superior court judge may fill any vacancy until the next session of the grand jury. Section 6. Said Act is further amended by reenacting Section 6 to read as follows: Section 6. Oath. Said members, when elected, shall be commissioned by the Governor of the State of Georgia and shall before entering upon the discharge of the duties of said office take and subscribe the following oath of office before the judge of the Probate Court of Oconee County, Georgia, which oath shall be recorded on the minutes of the probate court (which oaths shall be in addition to the oath provided by law for all civil officers of this state), to wit: `I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues of Oconee County, and in all matters which require my official action, to the best of

Page 3763

my knowledge and skill; I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county, so help me God.' Section 7. Said Act is further amended by reenacting Section 7 to read as follows: Section 7. Jurisdiction. Said board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special, in establishing and changing militia districts and election precincts; in examining and auditing and settling accounts of all officers having the care, management, correction, keeping, and distribution of moneys belonging to the county or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county; in establishing, altering, and abolishing roads, bridges, and ferries; in carrying out any and all of its details and enforcement of the road law; and are vested with the jurisdiction that the old inferior courts had, which have not been vested in the probate courts, when sitting for county purposes. Section 8. Said Act is further amended by reenacting Section 8 to read as follows: Section 8. Record. Said board shall keep, or cause to be kept, a permanent record of all its acts. Section 9. Said Act is further amended by striking in their entirety Sections 9, 10, 11, 12, and that Section 13 added by the amendatory Act approved August 19, 1919 (Ga. Laws 1919, p. 710) and inserting new sections to read as follows: Section 9. Salaries. The salary of the chairman shall be $6,000.00 per year, paid in equal monthly installments. The salary of each other member shall be $1,800.00 per year, paid in equal monthly installments. Section 10. Reserved. Section 11. Reserved.

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Section 12. Reserved. Section 13. Reserved. Section 10. The members of the board of commissioners in office on the effective date of this section shall continue to serve and perform their duties until January 1, 1981. Section 11. The amendatory Act approved April 17, 1975 (Ga. Laws 1975, p. 3105) is hereby repealed in its entirety. Section 12. Not less than one 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 Oconee County to issue the call for an election for the purpose of submitting this Act to the electors of Oconee County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call; and if possible such date shall be on the date of the 1980 presidential preference primary. 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 Oconee County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act reconstituting the board of commissioners of Oconee County and creating and defining the office of Oconee County administrator 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 Oconee County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

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Section 13. Sections 1, 10, and 12 of this Act shall become effective upon approval by the Governor or upon their becoming law without his approval. The remaining sections of this Act shall become effective January 1, 1981. 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 1980 Session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the terms of office and compensation of the Commissioners; to change the method of election, term, duties and compensation of the Chairman; to provide for the establishment of the office of County Administrator of Oconee County; to provide for a referendum on the same and to provide for other matters relative to the foregoing; and for other purposes. This 15th day of January, 1980. Oconee County Board of Commissioners Roy E. Berry, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul C. Broun who, on oath, deposes and says that he/she is Senator from the 46th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the

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official organ of Oconee County, on the following dates: January 17, 24, 31, 1980. /s/ Paul C. Broun Senator, 46th District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1980. (Seal). Approved March 25, 1980. GLYNN COUNTY COMPENSATION, ETC. OF CLERK OF SUPERIOR COURT AND JUDGE OF PROBATE COURT. No. 1113 (Senate Bill No. 594). 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, so as to change the yearly cost-of-living increase; to change the compensation of the deputies of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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, is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following: Section 2. The clerk of the superior court shall receive an annual base salary of $20,000.00, payable in equal monthly installments from the funds of Glynn County. In addition to the salary herein provided, the clerk of the superior court shall receive additional compensation in an amount equal to three percent of such base salary for each year of service completed between January 1, 1975, and June 30, 1980, and an amount equal to five percent of such base salary for each year of service completed after July 1, 1980. 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 shall receive an annual base salary of $19,000.00, payable in equal monthly installments from the funds of Glynn County. In addition to the salary herein provided, the judge of the probate court shall receive additional compensation in an amount equal to three percent of such base salary for each year of service completed between January 1, 1975, and June 30, 1980, and an amount equal to five percent of such base salary for each year of service completed after July 1, 1980. Section 3. Said Act is further amended by striking from subsection (b) of Section 5 thereof the following: $18,000, and inserting in lieu thereof the following: $24,000.00,

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so that when so amended said subsection (b) shall read as follows: (b) The judge of the probate court shall be authorized to employ one or more deputies. The judge of the probate court shall fix the salaries of such deputies but the total of such salaries shall not exceed $24,000.00 annually. Such salaries shall be paid in equal monthly installments from the funds of Glynn County. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 1980 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system mode of compensating the clerk of the Superior Court and 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; and for other purposes. This 17th day of January, 1980. Bill Littlefield Senator, 6th District James R. Tuten, Jr. Representative, 153rd District Dean Auten Representative, 154th District

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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/she 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 19, 26, 1980, February 2, 1980. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 8th day of February, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 25, 1980. CITY OF HAPEVILLE NEW CHARTER. No. 1115 (Senate Bill No. 610). AN ACT To provide a new charter for the City of Hapeville, Georgia; to provide for the incorporation and powers of such city; to provide for

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the governing authority; to provide for the mayor and city council; to provide for administration; to provide for the recorder's court of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I Incorporation, Powers, Boundaries Section 1-101. Incorporation; name. The City of Hapeville, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Hapeville (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, 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

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hold or invest, sell or dispose of any of its property; and may have a common seal and alter it at will. (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, operate and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, streets, sidewalks, parks, public grounds, cemeteries, public buildings, libraries, sanitary landfill, 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 all powers enumerated in Appendix A of this charter which is hereby incorporated herein by reference. Section 1-104. Construction of powers. The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Section 1-105. Boundaries; official map. (a) The corporate boundaries of the city shall be the same as those of the City of Hapeville 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 of the city. 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.

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(b) The boundaries of the city are described in Appendix B of this charter which is hereby incorporated herein by reference. 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 three (3) council members and one (1) alderman elected as provided in Article III of this charter for four (4) year terms of office. Section 2-102. Qualifications of office. (a) To be eligible for election as mayor, a person, at the time of qualification, must: (1) have attained the age of 21 years; (2) have resided in the city for not less than one (1) year immediately preceding the date of qualification for office 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 as a council member from a designated ward, a person, at the time of qualification, must: (1) have attained the age of 21 years; (2) have resided in the city for not less than one (1) year immediately preceding the date of qualification for office, and be a resident of the ward from which he qualifies for at least 30 days prior to qualification 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.

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(c) To be eligible for election as councilman-at-large and as alderman-at-large, a person, at the time of qualification, must: (1) have obtained the age of 21 years; (2) have resided in the city for not less than one (1) year prior to the date of qualification and must continue 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. Section 2-103. Conflict of interest; interest in contracts . It shall be unlawful for the mayor or any member of the council to be interested, either directly or indirectly, in any contract with the city on any public work or improvement, or in furnishing supplies of any kind for the use of the city, or in any transaction in any way involving the expenditure of the money of the city, except as may be approved in advance by the unanimous consent of the other members of the mayor and council. CHAPTER 2 Powers of the Mayor and Council Section 2-201. Legislative powers . The municipal government of the city and all powers of the city shall be vested in the mayor and council. The mayor and council shall be the legislative body of the city. Section 2-202. Execution of powers . The mayor and council shall have full power and authority to 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 by 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,

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direct or indirect, in the fiscal affairs of the city government or any of its officers. The mayor and council may also provide for special independent audits of any office, department, board, commission, or other agency of the city. 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 Fulton 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 members of the mayor and council and punished as provided for contempt of recorder's court. Appeal to the Superior Court of Fulton County from a council contempt conviction shall be allowed as for any conviction in the recorder's court. CHAPTER 3 Mayor and Mayor Pro Tem Section 2-301. Mayor; powers and duties. (a) The mayor shall be the chief executive officer of the city and shall have general supervision over its affairs. (b) The mayor shall: (1) see that the laws and ordinances of the city are faithfully carried out and executed within the city; (2) examine, audit and approve all accounts against the city before payment; (3) exercise the power of veto as provided in section 2-405 of Chapter 4 of this Article; (4) keep the council members advised from time to time of the general condition of the city;

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(5) recommend such measures as he may deem necessary or expedient for the welfare of the city; (6) preside over the meetings of the council, and call the council together at any time when deemed necessary by him; (7) vote on all matters when there is an equal division of the council members; (8) perform such other duties as required by the council. Section 2-302. Mayor pro tem; election; term; duties. The alderman-at-large elected as provided in Article III of this Charter shall serve as mayor pro tempore, and in the absence or disqualification of the mayor, he shall perform all the acts and duties vested in the office of mayor by law. In the event of a vacancy in the office of the mayor by reason of death, resignation or other cause, the alderman-at-large shall serve as mayor until a successor to the office of mayor is selected and qualified. CHAPTER 4 Organization and Procedure Section 2-401. Annual organizational meeting. (a) The first meeting in January of each year shall be the annual organizational meeting of the mayor and council. (b) At this meeting, any newly elected or re-elected members of the mayor and council shall each qualify to take office by taking the following oath of office: 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 Hapeville and the common interest thereof. (c) At the annual organization meeting, the mayor and council shall make any appointments and selections as may be required by this charter or by ordinance.

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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 majority of the members of the mayor and council, including the mayor, shall constitute a quorum for the transaction of business, but a number less than a majority may adjourn from time to time. All actions of the mayor and council shall require the affirmative vote of a majority of the council members present unless otherwise required by this charter. (c) 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 (1) 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 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. Except by majority vote of the council members attending the special meeting, 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

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meetings shall be made fully as is reasonably possible prior to the meetings. Section 2-204. 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: Be it, and it is hereby ordained by the Mayor and Council of the City of Hapeville. 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, provided that no ordinance shall be adopted on the date of its introduction, except by unanimous vote of the council to waive any further readings. Section 2-405. Revision of legislation; veto . The mayor shall have the revision of all ordinances, motions, orders or resolutions passed by the council. He shall have four (4) days after the same shall have been passed by the council in which to file in writing with the city clerk his veto of such ordinances, motions, orders or resolutions to which he shall dissent; but the council within 30 days thereafter shall have the power to pass such ordinances, motions, orders or resolutions, notwithstanding such veto by an affirmative vote of three of the four members of the council, at a meeting of such body, to be taken by yeas and nays and entered upon the minutes. 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 adopting code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk.

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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. 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. L. 1968, p. 885), as now or hereafter amended. Section 3-102. Regular elections; time for holding . (a) The regular election for electing the mayor and the alderman-at-large shall be held on the first Tuesday in November of 1983 and at this month and day quadrennially thereafter. (b) The regular election for electing the three (3) council members (two (2) members from wards and one (1) council member at-large) shall be held on the first Tuesday in November of 1982 and at this month and day quadrennially thereafter. Section 3-103. Manner of election . (a) The city shall be divided into two (2) wards, designated respectively as wards No. 1 and No. 2. The boundaries of wards No. 1 and No. 2 shall be as specifically described and set forth in Appendix C of this charter. (b) The mayor shall be elected from the city at-large. (c) Two (2) council members shall each reside respectively in wards No. 1 and No. 2 and shall be elected from the city at-large. (d) One (1) council member, to be known as a councilman-at-large, may reside at any location within the city and shall be elected from the city at-large. (e) One (1) council member, to be known as alderman-at-large, may reside at any location within the city and shall be elected from the city at-large.

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(f) All municipal elections shall be non-partisan and the names of candidates shall be listed alphabetically upon the ballot without party label. 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 is removed from 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 . In the event the office of the mayor or any council member shall become vacant by death, removal, disqualification, resignation or other cause, the remaining members of the mayor and council shall within 30 days order a special election to fill the vacancy or vacancies for the unexpired term or terms. Every special election for such purpose shall be held and conducted in all respects in accordance with the provisions of the code relating to general elections. Section 3-203. Impeachment . The mayor and council shall have the sole right to try all impeachments. When sitting for the purpose they shall be under oath or affirmation. When the mayor is tried the judge of the City Court of Atlanta or any judge of the Superior Court in this State shall preside, and no person shall be convicted without the concurrence of two-thirds of the members present, and judgment shall not extend further than removal from and disqualification to hold any office of honor, trust or profit in the City of Hapeville; but any party so convicted shall be liable to indictment and trial and upon conviction shall be punished as prescribed by law. ARTICLE IV Organization and Administration CHAPTER 1 General Provisions Section 4-101. City offices, departments and agencies . Except as provided by this charter, the offices, departments and agencies of

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the city shall be created and established by ordinance, and the offices and departments shall be responsible for the performance of the functions and services enumerated therein. 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 offices, departments, agencies, or divisions of the city government as it may from time to time deem desirable and consistent with this charter. Section 4-103. Boards and commissions. (a) 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. (b) 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. (c) 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. (d) Any member of a board or commission may be removed from office for cause by a majority vote of all of the council members.

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(e) 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. CHAPTER 2 City Officers Section 4-201. City clerk; appointment; duties; compensation. (a) The mayor and council shall annually appoint a city clerk who shall hold office for one (1) year, or until his successor is appointed and qualified. (b) The city clerk shall be clerk of the mayor and council, shall attend all meetings of the mayor and council, and keep the minutes, books and files of each; shall collect all fines, taxes and other money due the city; shall attend to the issuance of all licenses and permits; shall sign and issue all executions and other writs and processes for the collection of taxes due the city; and shall perform such other duties as may be required by the mayor and council. (c) The compensation of the city clerk shall be fixed by the mayor and council. Section 4-202. City attorney; appointment; qualifications; duties; compensation. (a) The mayor and council shall annually appoint a city attorney who shall hold office for one (1) year, or until his successor is appointed and qualified. (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. City manager or administrative assistant authorized. At such time as they in their discretion shall see fit, the mayor

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and council may by ordinance provide for the employment of and employ an administrative assistant or a city manager who shall perform such duties and services as may from time to time be prescribed by the mayor and council and for such compensation as the mayor and council may authorize. The revenue of the city from sources otherwise provided in this charter may be expended for purposes of paying such salary and expenses as the mayor and council may provide for the city manager or administrative assistant. CHAPTER 3 Personnel Section 4-301. Merit system. (a) The mayor and council shall establish by ordinance a system of personnel administration based upon merit principles. The system shall be divided into a classified and an unclassified service which shall comprise such positions as provided by ordinance. (b) The mayor and council shall adopt by ordinance rules and regulations to govern the classification of positions, appointment, promotion, transfer, layoff, removal and discipline of employees, employee qualifications, terms and conditions of employment, retirement and benefits, and other measures that promote the hiring and retaining of capable, diligent, honest, career employees. Section 4-302. Personnel board; appointment; qualifications; duties. (a) There shall be a personnel board, consisting of three (3) members, appointed by the mayor and council for six-year staggered terms of office. Vacancies in unexpired terms shall be filled by the mayor and council by appointment for the remainder of the term. A member of the board may be removed only for cause after being given a written statement of the charges against the member, and, if he requests, a public hearing on the removal. A certified copy of the charges and transcript of the record shall be filed with the city clerk. (b) Each member of the board shall be a qualified elector of the city. No member of the board shall hold or be a candidate for any elective public office or position. The mayor and council may compensate members of the board for their services. Members of the board shall elect a chairman and such other officers as desired who shall serve for a term of one (1) year.

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(c) The functions and duties of the board shall be as follows: (1) Advise the mayor and council and the official responsible for personnel administration on problems concerning personnel administration. (2) Review and submit recommendations on personnel rules and regulations on any other matter concerning the administration of personnel in the municipal service, and report to the mayor and council, at least once each year, its findings, conclusions, and recommendations. (3) Perform such other duties as required by the mayor and council. Section 4-303. The personnel board of appeals. (a) There shall be a personnel board of appeals, consisting of three (3) citizens of the city who are not members of the governing body of the city and who shall be appointed by the mayor, subject to the approval of a majority of the members of council initially to serve six-year staggered terms of office. Vacancies or an unexpired term shall be filled by the mayor, with the consent and approval of a majority of members of council, by appointment for the remainder of the term. A member of the board may be removed only for cause and after being given a written statement of the charges against him, and if he request a public hearing thereon. A certified copy of the charges shall be filed with the city clerk, and such board members may be relieved from this appointment only by vote of two-thirds of the members of mayor and council, the mayor in this case having a vote equal to a councilman. After the three (3) persons are appointed and have taken the oath of their office, they shall elect from among their number a chairman who shall hold office for one (1) year from that date or until his successor is elected, whichever occurs first. (b) Hear appeal of any officer or employee in the classified service who is suspended (except disciplinary suspension of one to ten days), reduced in pay or position, or who has been given written notice of suspension which, unless an appeal is prosecuted and sustained, shall result in his separation from the service. The decision of the personnel board of appeals shall be final and binding upon the city and upon the employees, and no appeal shall lie from its decision.

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ARTICLE V Finance and Fiscal CHAPTER 1 Taxation and Other Revenue Section 5-101. Ad valorem tax; grant of authority. For the purpose of raising revenue for the support and maintenance of the city government and for other corporate purposes, 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 for state and county purposes under the laws of this state and to provide for the manner and method in which such taxes shall be collected. Section 5-102. Sanitary tax. The mayor and council shall have power and authority to levy and collect a sanitary tax against all real estate owned, held and possessed in the City of Hapeville. Said sanitary tax shall be fixed or assessed by the mayor and council, by resolution or ordinance and may be collected either monthly, quarterly, semi-annually or annually, in the discretion of the mayor and council and when said sanitary tax is levied it shall be a lien on the property against which it is assessed and shall be collected by the issuance of executions against said property and/or the owners thereof. Section 5-103. Utility liens. Any water and sewer bill due the City of Hapeville for more than 60 days beyond the final payment date, may by proper resolution or ordinance of mayor and council, be declared a lien on the real estate served by the water meter through which passed the water unpaid for as provided herein, and such liens shall be entered in a special docket maintained in the office of the city clerk for that purpose; and further, such liens may be executed, levied upon, and satisfied the same as otherwise provided in this charter for executing liens for delinquent taxes, street and sewerage assessments, and shall bear interest at the rate of seven percent (7%) per annum on the unpaid balance from the date of entry in said lien docket until and through the date of payment or until such lien is otherwise satisfied as prescribed by law. Section 5-104. Occupation and business taxes. The mayor and council shall have the power and authority to levy and collect any occupation and business taxes that are not prohibited by the constitution

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and general law of Georgia. These taxes may be levied on any person, firm, partnership, company or corporation who transacts business in the city or who 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 5-112 of this chapter. Section 5-105. Business licenses; permits; fees. The mayor and council, by ordinance, shall have the individual, person, firm, partnership, company or corporation who transacts business in the city or who 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 in section 5-112. 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 5-106. Excise taxes; wholesale and retail 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 and retail dealers within the city. Section 5-107. Insurance premiums taxes and licenses. The mayor and council shall have the 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.

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Section 5-108. 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 5-112. Section 5-109. 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 5-112. Section 5-110. Installment payments may be authorized . The Mayor and Council of Hapeville shall have power and authority within its discretion by proper ordinance or resolution to allow the payment of all taxes to the City of Hapeville to be paid in installments on such dates as the mayor and council by ordinance or resolution may designate, and shall further have power and authority to give such discounts as within its discretion may be proper for the payment of such taxes on the dates named in the ordinance or resolution. Section 5-111. 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. Section 5-112. 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.; creation and priority of liens; making delinquent taxes, fees and other revenues, personal debts of the persons required to pay the

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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. (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.

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(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 are 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 improvement 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 funds necessary to operate all the various agencies and departments, and to meet the 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

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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. Section 5-304. Deficits. If at any time during the year expenditures exceed revenues and a deficit is created, it shall be the duty of the mayor and council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has occurred. 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 city clerk shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the city clerk.

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Section 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, except as where otherwise provided for by ordinance. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. ARTICLE VI Recorder's Court Section 6-101. Recorder's court created; presiding officer. (a) There is hereby created a recorder's court for the trial of the offenses and offenders against the laws and ordinances of the city. The recorder's court shall be presided over by the city recorder. The city recorder shall be elected by the mayor and council in the same manner that it elects other officers of the city. (b) The recorder's salary shall be fixed by the mayor and council, and the recorder shall take such oath as may be prescribed by the mayor and council. The recorder shall be subject to removal, with or without any stated cause, upon a majority vote by the mayor and council. (c) Any vacancy in the office of city recorder, by reason of death, resignation, removal or other reason shall be filled by appointment of the mayor and council. In his disqualification or absence, the mayor, mayor pro tem, recorder pro tem or recorders pro hac vice may hold the court, and may exercise all the powers conferred by law or this charter upon the recorder. (d) The mayor and council by appropriate ordinance shall have the power and authority to provide for the appointment of a recorder pro tem, and to provide for recorders pro hac vice to serve in the absence or disability of the city recorder, and to provide such salary and/or remuneration as they deem appropriate. Section 6-102. Penalty for violation of laws, ordinances. The recorder or any authorized presiding officer of the recorder's court may punish for any violation of a city ordinance or law by fine not exceeding $500.00; by imprisonment not to exceed 90 days; work in

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the workgang on the public streets, or on such public works as the authorities may employ the workgang, or by any one or both of these punishments in the discretion of the recorder or presiding officer of said court. Section 6-103. Authority of recorder as justice of the peace. The recorder shall to all intents and purposes be a justice of the peace, so far as to enable him to issue warrants for offenses committed within the city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to jail, or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Section 6-104. Sentence for contempt. When sitting in a court as a recorder, the judge or presiding officer thereof, shall have the power to punish for contempt by fine not exceeding $100.00, by imprisonment in the manner prescribed in section 6-102 not exceeding 30 days, or by one (1) or both, or any part thereof, in the discretion of the presiding officer. Section 6-105. Warrants; form, scope, execution; recorder's authority to hear evidence, grant bond. (a) The recorder shall be authorized to issue warrants for any offense under any law or ordinance of the City of Hapeville or this state, and when the offense is against state laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a state court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the City of Hapeville, the arresting officer shall carry the same before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant. (b) All warrants issued by the recorder, or anyone authorized to preside in the recorder's court, shall be directed to the Chief of Police of the City of Hapeville, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia, and any one of said officers shall have the authority to execute warrants. (c) The mayor, mayor pro tem, or recorder pro tem of the city shall have the right and the authority to sign all warrants, summonses,

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receipts, executions or other processes, which the judge of the recorder's court has authority to sign, when the judge of the recorder's court is absent, incapacitated, or in any way unavailable, provided such warrants, summonses, receipts, executions or other processes are returnable only to the judge of the recorder's court. Section 6-106. Witnesses. The recorder, or any officer of the recorder's court authorized by ordinance shall have power and authority to subpoena witnesses to attend the recorder's court, under the same rules and regulations that regulate and govern the superior courts of this state, to compel attendance, and to punish any witness who has been duly subpoenaed and fails to attend, under the provisions heretofore provided for contempt. Section 6-107. Ministerial officers of recorder's court; attendance, duties. The ministerial officers of the recorder's court shall be the policemen of the city to whom all mesne and final processes shall be directed. The officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such duties connected with the court as may be required of them. Section 6-108. Certiorari; costs; bond required; failure to give bond. (a) Any person convicted before the recorder or other presiding officer of the recorder's court shall have the right to petition the Superior Court of Fulton County for issuance of a writ of certiorari, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case. (b) Nothing in this section shall prevent the defendant who desires to obtain a writ of certiorari therefor from the superior court from doing so; provided however, that the applicant failing to give bond and security may, in the discretion of the recorder, be placed in jail to await the final judgment of the appeal. Nothing in this section shall be construed to prevent any person convicted in the recorder's court of a violation of any ordinance of the city from petitioning for a writ of certiorari directly to the superior court in accordance with provisions of state law in such cases. Section 6-109. Hearing on certiorari; notice; costs; forfeiture of bond. The judge of the superior court who grants certiorari may

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hear the appeal after giving notice to each party, or his attorney, of the time and place of hearing, the recorder being required to certify and send up to the superior court a complete and accurate history of the case, as his answer to the petition for certiorari, and the defendant having the right to traverse the answer as provided by law. The mayor and council shall pass ordinance regulating the costs for appeals and certiorari; and for the forfeiture of all bonds. ARTICLE VII General Provisions Section 7-101. Terms of present officers. All present elected officers of the city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. Section 7-102. 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 7-103. 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 7-104. Section captions; rules of construction. (a) The captions of the several sections of this charter are informative only and are not to be construed as a part thereof. (b) The word shall in this charter is intended to be mandatory and the word may is 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 Hapeville, Georgia. (2) County. The words the county or this county shall mean the County of Fulton, 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 Hapeville, Georgia. (5) Number. Words uses 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, city clerk, they shall be deemed to refer to officials of the City of Hapeville, 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. (9) Person. The word person shall extend and be applied to firms, partnerships, associations, organizations and

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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 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. The following acts creating, reinacting or amending the charter of the City of Hapeville are hereby repealed: Year Act No. 1891 448 1895 214 1910 534 1912 367 1914 329 1924 292 1927 239 1929 280 1937 171 1938 354 1939 359 1943 247 1947 116 120 345 1950 747 1953 364 825 1955 213 1956 268 1957 279 282 1959 HB 387 1961 190 236 1962 873 1964 919 989 1966 554 1968 1249 1969 376 1971 45 1972 962 1074 1075 1456 1974 1179 1268 1979 141

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APPENDIX A Specific Powers Enumerated Section 1. Authority to contract with industrial or development authority. 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. Section 2. Authority to contract with water and sewer authority. The City of Hapeville, by and through its governing authority, is

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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 3. Appropriations for relief of poor and for charitable purposes. The mayor and council shall have power by appropriate action to appropriate money for the relief of the poor and for charitable purposes as they may deem proper. Section 4. Nuisances on vacant lotsDefinition. Any property in the City of Hapeville on which weeds, debris, trash or waste matter has been allowed to accumulate to such extent that the presence of such matter on the vacant property creates conditions likely to cause a fire or, spreading of fire, or an imminent danger to the health or welfare of the adjacent community by the spread of disease or epidemic, shall be subject to be declared a nuisance and abated in the manner herein set out. Section 5. Same Abatement. Proceedings for the abatement of the nuisance declared in the above section shall be as follows: The Director of Public Service shall cause summons to be issued from the Recorder's Court of the City of Hapeville, directed to the owner, if known and a resident of the City of Hapeville, or if the owner is a nonresident but said property is under the management of an agent of the owner, resident of Hapeville, shall be directed to such agent, to show cause why the nuisance should not be abated. Said notice to set out the particulars in what manner said vacant lot constitutes a nuisance, and the same shall be personally served on the owner, if a resident, and upon his agent if he is not a resident, and if the owner is unknown and his resident is unknown, with no resident agent in charge of said property, then by publication one time in a newspaper of general circulation, published in the City of Hapeville, five (5) days before the date of the hearing, such summons and notice shall state the time and place of the hearing to be had in the Recorder's Court of the City of Hapeville. Section 6. Same Judgement against offender. If on said hearing before the recorder it shall be adjudged that the said nuisance should be abated the judgment of said recorder shall provide that unless said nuisance be abated within five (5) days by the party proceeded against, the director of public service or his assistants shall be authorized to enter upon said vacant property and abate

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said nuisance by the cleaning off and removal of the matter thereon constituting the nuisance, which shall be done by said city authorities at the expense of the owner and charged against the property, and judgment for costs of court. Section 7. Same Costs and expenses, collection. In the event the director of public service or his assistants abate said nuisance, the actual cost and expense of said city in clearing away and removing said matter declared to be a nuisance shall be declared a charge and a lien upon the said property on which said nuisance was abated. Said charge and lien shall be fixed in the following manner: Upon the abatement of said nuisance the director of public service shall render a written statement to the owner of said property if known, or to the owner's agent if the owner be a nonresident, or if the residence of the owner be unknown, by publication in a newspaper of general circulation in the City of Hapeville, by being published one time, showing the actual cost of abating said nuisance and demanding the payment of said expense, and if the same be not paid within thirty days from the date of said notice, the director of public service shall certify to the mayor and general council a statement showing the actual cost of abating said nuisance and the cost of advertising, and the mayor and council are authorized by ordinance to declare said charge and expense a lien against the real estate on which said nuisance was abated, which lien or charge may be enforced by execution, levy and sale in the manner as executions now authorized under the provisions of the charter of the City of Hapeville for street improvements. The property owner shall have the same rights and defenses to the said execution, as now exist in defense of executions issued under assessments for paving of streets. Section 8. Same Cleanliness and safety of premises, authority to provide. The Mayor and Council of the City of Hapeville shall have the authority and power, in the interest of health, sanitation, the public safety and welfare, to provide for the clearing, cleaning off and making and keeping sanitary and/or free from fire or other hazards, any and all real property, either vacant or improved, within the corporate limits of the City of Hapeville; to provide for the removal from such property all debris, grass, weeds or other growth, or other unsanitary or combustible matter or materials; to provide for the height and trimming of hedges, shrubbery and other growth; to fix and to impose penalties upon owner and occupants of property in respect to such requirements; to provide for the performance

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of such services by the city and for the assessment and collection of charges therefor; for the creation and assessment of liens against property and the owners and occupants thereof so served and for the collection and enforcement of such liens the same as assessments for taxes, paving of streets and sidewalks, and other liens of the city are now executed and enforced; and further that the said Mayor and Council of the City of Hapeville by and they hereby are authorized and empowered to adopt such ordinances and/or resolutions and/or other acts of a like nature to enforce this provision of the city charter. Section 9. Authority to assess for cost of improvements. (a) The mayor and council shall be authorized to make special assessments with or without petition against benefited property within the corporate limits of the city for: (1) Constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets; (2) Constructing, reconstructing, paving, widening, and otherwise building or improving sidewalks in any public street; (3) Constructing, reconstructing, extending, and otherwise building or improving water systems; (4) Constructing, reconstructing, extending, and otherwise building or improving sanitary sewer lines; and (5) Constructing, reconstructions, extending, and otherwise building or improving sewage disposal systems. (b) Assessments may be made on the basis of. (1) The frontage abutting on the project, at an equal rate per foot of frontage, or (2) The area of land served, or subject to being served, by the project, at an equal rate per unit of area, or (3) The value added to the land served by the project or subject to being served by it, being the difference between the

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appraised value of the land without improvements as shown on that 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 (4) 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 (5) 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. Section 10. Territorial jurisdiction. For all police purposes, such as peace, good order, health, morals, the control and regulation over the water pipes, valves, hydrants, meters and accessories used in supplying of water wherever extended, or through which water is served and supplied by the City of Hapeville Waterworks outside the city limits of Hapeville, and for the full distance of all said water pipes, and for the full length of said mains, and for all pipes and service connections extending therefrom, and for a distance of 300 feet on all sides of said mains or pipes, the City of Hapeville shall have jurisdiction of the enforcement of all ordinances, rules and regulations of said city, having for their purpose the exercise and control over the water service supplied by said city; and furthermore,

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the city shall have the right to make laws, rules and regulations for the control of water service wherever supplied inside or outside of the city limits, and to fix penalties for the violation thereof. Any person guilty of the violation of any of the ordinances, rules and regulations of the City of Hapeville enacted for said purposes as aforesaid, within the jurisdiction as above extended shall be subject to the jurisdiction of the Recorder's Court of the City of Hapeville in the same manner as for offenses committed within the city limits. Section 11. Rules and regulations. The mayor and council of the City of Hapeville be, and they are, hereby authorized and empowered to make rules and regulations not inconsistent with law for the regulation of its waterworks system, and also to require the owner of any improved real estate within the corporate limits of said city to provide suitable water closet accommodations upon such improved premises, whenever in their judgment and discretion such improvements are necessary or proper to preserve the health or protect the sanitary interests of the citizens of any neighborhood or community of said city; and to prevent the use of water from wells and any and all places in said city for domestic purposes, whenever in their discretion they deem it necessary or proper to preserve the health of the citizens of any neighborhood or community within the corporate limits of said city. APPENDIX B All that tract or parcel of land being and lying in Land Lots 65, 66, 67, 94, 95, 96, 97, 98, 99, 127 and 128 of the 14th District of Fulton County, being more particularly described as follows: BEGINNING at a point formed by the intersection of the western boundary line of Land Lot 99 of the 14th District of Fulton County and the northern boundary line of Land Lot 99 of the 14th District of Fulton County, such point being the northwest corner of Land Lot 99 of the 14th District of Fulton County, running thence east along the northern boundaries of Land Lots 99, 94 and 67 of the 14th District of Fulton County to a point formed by the intersection of the northern boundary of Land Lot 67 of the 14th District of Fulton County and the western right-of-way line of Interstate Highway 75; running thence southerly along the western right-of-way of Interstate Highway 75 to a point formed by the intersection of the

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western right-of-way of Interstate Highway 75 and the southern right-of-way of North Central Avenue; running thence west along the southern right-of-way of North Central Avenue to a point formed by the Intersection of the southern right-of-way of North Central Avenue and the eastern boundary of Land Lot 96 of the 14th District of Fulton County; running thence south along the eastern boundary of Land Lot 96 of the 14th District of Fulton County to a point formed by the intersection of the eastern boundary of Land Lot 96 of the 14th District of Fulton County and the southern boundary of Land Lot 96 the 14th District of Fulton County, such point being the southeast corner of Land Lot 96 of the 14th District of Fulton County; running thence west along the southern boundary of Land Lots 96 and 97 of the 14th District of Fulton County, to a point formed by the intersection of the southern boundary of Land Lot 97 of the 14th District of Fulton County and the western boundary of Land Lot 97 of the 14th District of Fulton County, said point being the southwest corner of Land Lot 97 of the 14th District of Fulton County; running thence north along the western boundary of Land Lot 97 of the 14th District of Fulton County to a point formed by the intersection of the western boundary of Land Lot 97 the 14th District of Fulton County and the original corporate boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1891, Act No. 448, Section 2, said boundary being a line running parallel to the main tracts of the Central Georgia Railroad one-half mile from a point in the center of the Central of Georgia Railroad main track directly opposite a point in the center of the Central of Georgia Railroad depot; running thence northwesterly along said original boundary, a distance of 900 feet more or less, to a point formed by the northeast corner of the original corporate boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1891, Act No. 448, Section 2; running thence northeasterly along said original corporate boundaries of the City of Hapeville, said line running at right angles to the right-of-way of the Central of Georgia Railroad line, a distance of 720 feet more or less to a point formed by the intersection of the original corporate boundaries of the City of Hapeville and the center of Virginia Avenue; running thence west along the center of Virginia Avenue to a point formed by the intersection of the center of Virginia Avenue and the eastern boundary of Whipple Avenue; running thence north along the eastern boundary of Whipple Avenue a distance of 1430 feet more or less to a point formed by the intersection of the eastern boundary of Whipple

Page 3803

Avenue and the boundary of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1, and the present boundaries of the City of East Point; running thence east along the boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1 and the present boundaries of the City of East Point, a distance of 1390 feet more or less to a point; running thence north along said boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1 and the present boundaries of the City of East Point, a distance of 930 feet more or less to a point where the boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1 and the present boundaries of the City of East Point intersect with the northern boundary of Land Lot 127 of the 14th District of Fulton County; running thence east along the northern boundary of Land Lot 127 of the 14th District of Fulton County to a point formed by the intersection of the northern boundary of Land Lot 127 of the 14th District of Fulton County and the western boundaries of Land Lots 98 and 99 of the 14th District of Fulton County, said point being in the northeast corner of Land Lot 127 of the 14th District of Fulton County; running thence north along the western boundary of Land Lot 99 of the 14th District of Fulton County, and the approximate center of the right of way Sylvan Road, to the point of beginning. APPENDIX C Ward Boundaries The City of Hapeville shall be divided into two (2) wards. Ward No. 1 shall consist of all of the area of the City of Hapeville south of the railroad tracks at Central Avenue and all of the area of the city west of the center line of Stewart Avenue, the same being the area formerly comprising Wards 1, 2 and 3. Ward No. 2 shall comprise the area north of the railroad tracks on Central Avenue and east of the center line of Stewart Avenue, being the area formerly known as Ward No. 4.

Page 3804

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 1980 Session of the General Assembly of Georgia, convening in January 1980, to amend the Charter of the City of Hapeville, Georgia (Georgia Laws 1891, Act No. 448, as amended) so as to provide for a new Charter of the City of Hapeville, and for other purposes. This 25th day of January, 1980. Glaze, McNally and Glaze City Attorney 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/she is Senator from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 30, February 6 13, 1980. /s/ Perry J. Hudson Senator, 35th District

Page 3805

Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 25, 1980. WAYNE COUNTY COMPENSATION, ETC. OF CLERK OF SUPERIOR COURT. No. 1116 (Senate Bill No. 613). AN ACT To amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, so as to provide that the clerk of the superior court may be compensated for any additional duties which he may have in any court other than the superior court; to provide that the clerk of the superior court shall fix the compensation of the chief deputy clerk and the number and compensation of additional clerks, subject to the approval of the governing authority of Wayne County; to provide that the clerk of the superior court may appoint, remove, and classify such clerks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3806

Section 1. An Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, is hereby amended by striking from the second sentence of Section 1 of said Act the following: and in any other court located in said county., so that when so amended, Section 1 of said Act shall read as follows: Section 1. The compensation of the sheriff and the clerk of the Superior Court of Wayne County is hereby changed from a fee basis to a salary basis and such officials shall hereafter be paid salaries as herein provided. Said salaries shall be the sole and exclusive compensation for all services rendered by said officials in the Superior Court of Wayne County. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind, including, but not limited to, any monies received by virtue of late purchases of automobile license tags and turnkey fees, as are now or may hereafter be allowed by law to be received or collected for services by either of said officials, shall be received and diligently collected by each of said officials for the sole use of Wayne County and shall be the property of Wayne County. Such funds shall be held as public funds belonging to Wayne County and shall be accounted for and paid over to the fiscal authority of Wayne County by the tenth day of each month for the immediately preceding month, at which time a detailed, itemized statement shall be made by each of such officials under oath showing such collections and the sources from which collected. Section 2. Said Act is further amended by striking Section 3 of said Act, which reads as follows: Section 3. The Clerk of the Superior Court of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The Clerk is hereby authorized to appoint a Chief Deputy, who shall receive a salary of $7,200.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The expenses of the office of the Clerk of the Superior Court, such as desks, paper and other supplies, shall be furnished and paid for from the funds of Wayne County. No clerical help shall be employed by the Clerk without

Page 3807

the approval of the governing authority of Wayne County, and in the event such approval is given, the compensation of such clerical help shall be fixed by the governing authority of Wayne County and shall be paid in equal monthly installments from the funds of Wayne County., and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The Clerk of the Superior Court of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The clerk of the superior court is authorized to appoint a chief deputy clerk and such other clerks as he shall deem necessary to properly carry out the functions of his office. The compensation of the chief deputy clerk and the compensation and number of such additional clerks shall be determined by the clerk of the superior court, subject to the approval of the governing authority of Wayne County. The clerk of the superior court may appoint, remove, and classify such clerks. All expenses of the office of the clerk of the superior court, such as desks, paper, and other supplies, shall be furnished and paid for from the funds of Wayne County upon approval of the governing authority of Wayne County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly, a bill to amend an Act placing the Sheriff and the Clerk of Superior Court of Wayne County upon a salary basis in lieu of fee basis of compensation, approved March 10, 1959, (Georgia Laws 1959, Page 30-31), as amended and for other purposes.

Page 3808

This 8th day of February, 1980. /s/ Stetson Bennett, Jr. Clerk Superior Court 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/she is Senator from the 6th 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: February 11, 18, 25, 1980. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980.

Page 3809

FANNIN COUNTY COMPENSATION, ETC. OF BOARD OF COMMISSIONERS. No. 1117 (Senate Bill No. 618). AN ACT To amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, particularly by an Act approved March 31, 1975 (Ga. Laws 1975, p. 2814), so as to change the provisions relative to the compensation of the Chairman and members of the Commission; to change the provisions relative to county purchasing; to change the provisions relative to audits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, particularly by an Act approved March 31, 1975 (Ga. Laws 1975, p. 2814), is hereby amended by striking subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of $1,800.00 per annum, payable monthly, from the funds of Fannin County. The Chairman shall receive as his entire compensation for services as same an annual salary of $16,000.00 until January 1, 1981, at which time said annual salary shall be increased to $18,800.00. Such salary shall be paid in equal monthly installments from the funds of Fannin County. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from the funds of Fannin County to which said Chairman or any other Commissioner shall be entitled. The Chairman and other Commissioners shall not be entitled to any further compensation for serving on any other public boards or public authorities by virtue of their office.

Page 3810

Section 2. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. The Chairman. The Chairman shall be the chief executive officer of the County government, and shall generally supervise, direct and control the administration or the affairs of the County pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the Commission in regard to matters reserved to the exclusive jurisdiction of the Commission. The Chairman shall preside over meetings of the Commission. Consistent with the provisions of Section 9 of this Act, the Chairman shall establish rules and regulate purchasing services for all County departments, offices and agencies. He shall be further authorized to make purchases for the County in amounts not exceeding $2,500.00. The limitation of $2,500.00 provided for herein shall apply to the sales price of the goods or services purchased, and the Chairman shall not use any purchasing device, technique or method which would result in an aggregate cost exceeding the said $2,500.00 limitation. Section 3. Said Act is further amended by striking paragraphs (18) and (19) of subsection (b) of Section 9 in their entirety and substituting in lieu thereof new paragraphs (18) and (19) to read as follows: (18) To make purchases of not less than $2,500.00 nor more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the County. (19) To make purchases in amounts over $5,000.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two consecutive weeks in the official organ of Fannin County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more except as hereinafter provided. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the Commission, an emergency exists which will not permit a delay and when used equipment is being purchased, if the Commission determines that obtaining formal sealed bids is not practical for the purchase of used equipment.

Page 3811

Section 4. Said Act is further amended by striking Section 18 in its entirety and substituting in lieu thereof a new Section 18 to read as follows: Section 18. Audits. (a) The Commission shall employ a certified public accountant for the making of an annual continuous audit of County finances and financial records. The accountant so employed shall be paid out of County funds, and shall perform a complete audit of the financial records of the County for each fiscal year, pointing out any irregularities found to exist, and reporting the results of such audit to the Commission. Each annual report submitted to the Commission shall be made available for public inspection as other records of the Commission. Said accountant shall transmit to the grand jury of the Superior Court of Fannin County a copy of each annual report furnished by him to the Commission. (b) The Board of Commissioners shall have published in the official organ of Fannin County once during each calendar year a copy of the annual audit prepared pursuant to subsection (a) of this Section. 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 1980 session of the General Assembly of Georgia, a bill to amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended; and for other purposes. This 28th day of January, 1980. Georgia, Fulton County.

Page 3812

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he/she is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 31, February 7, 14, 1980. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. STATE COURT OF COBB COUNTY ARREST POWERS OF INVESTIGATORS. No. 1130 (Senate Bill No. 438). 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 vest the investigators of the solicitor's office with arrest powers; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3813

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 hereby amended by striking subsection (e) of Section 27 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) The solicitor shall have the authority to appoint such secretaries, clerks, investigators, and other personnel as are authorized by the Board of Commissioners of Cobb County. The solicitor shall, from time to time, recommend to the Board of Commissioners of Cobb County the number of such personnel needed by his office, together with the suggested compensation to be paid to each employee. However, it shall be within the sole discretion of the Board to fix the compensation to be received by each employee in said office. It shall be within the sole authority of the solicitor to prescribe the duties and assignments of the assistant solicitors and the other personnel of his office, and to remove or replace any of such employees at will and within his sole discretion. The investigators shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff and shall have the authority to enforce the criminal or traffic laws through the power of arrest and those duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime. 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 1980 session of the General Assembly of Georgia, a bill to

Page 3814

amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211) and for other purposes. This 4 day of Jan. 1980. 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/she 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 4, 11, 18, 1980. /s/ Roy E. Barnes Senator, 33rd District

Page 3815

Sworn to and subscribed before me, this 22nd day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. LUMPKIN COUNTY SMALL CLAIMS COURT CREATED. No. 1134 (Senate Bill No. 476). AN ACT To create and establish a Small Claims Court in and for Lumpkin County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said

Page 3816

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. (a) There is hereby created and established a Small Claims Court in and for Lumpkin County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace in civil cases by the laws of the State of Georgia. (b) If a case filed in the Small Claims Court is not within the jurisdiction of the Small Court but is within the jurisdiction of the Superior Court of Lumpkin County, the judge of the Small Claims Court may transfer such case to the superior court. The clerk of superior court may require such filing fee or advance against cost 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. (a) Any person elected or appointed as a judge of the Small Claims Court created by this Act must be a resident of Lumpkin County, must be at least twenty-one years of age, must have a high school diploma or of equivalent degree, and must be a person of outstanding character and integrity. Must be resident of Lumpkin County for 24 months. (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 Lumpkin County or, on application of said judge of the

Page 3817

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 an official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked

Page 3818

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 $15.00. 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 fortyfive days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $15.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the case at his discretion.

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(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the 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. 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

Page 3820

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 Lumpkin County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of the 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) 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

Page 3821

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. (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 16. Review of judgments returned in the Small Claims Court may be had by writ of certiorari to the superior 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: Small Claims Court of Lumpkin County

Page 3822

Page 3823

Section 18. The Judge of the Small Claims Court of Lumpkin County shall be elected by the electors of Lumpkin County for a term of office of four years and until his successor is duly elected and qualified. The initial judge shall be elected in the general election to be held in November, 1980, and shall take office January 1, 1981. Thereafter successors to the office of Judge of the Small Claims Court of Lumpkin County shall be elected in the general election to be held immediately preceding the expiration of a term of office and the persons so elected shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Judge of the Superior Court of Lumpkin County from a list of the registered electors of Lumpkin County, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, may be furnished by the Board of County Commissioners.

Page 3824

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 cover the cost of said items not to exceed $2.50 in addition to the deposit of costs required by Section 8. Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. It shall be the duty of the judge of the Small Claims Court to hold a session of court on the first Wednesday of each month, or the second Wednesday if the first Wednesday falls on a legal holiday, and to hold evening sessions of such court as necessary to permit the attendance of persons who are unable to attend court during the normal working day. 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 $7.50, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of

Page 3825

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 the 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 immediately upon approval of this Act by the Governor or upon its becoming law without his approval. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. This is to give notice, according to law, of the intention of the undersigned to introduce and apply for passage by the Georgia General Assembly a local bill for Lumpkin County. This local legislation shall be a bill to be entitled An Act to create and establish a Small Claims Court in and for Lumpkin County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for officers, courtrooms and materials; to provide for the procedure and

Page 3826

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 therefore; 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. This 31 day of December, 1979. Carlton Colwell Representative, 4th District, Post 1 Ralph Twiggs Representative, 4th District, Post 2 John Foster Senator, 50th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Foster who, on oath, deposes and says that he/she is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dahlonega Nuggett which is the official organ of Lumpkin County, on the following dates: January 18, 25, 1980 and February 1, 1980. /s/ John Foster Senator, 50th District

Page 3827

Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. DeKALB COUNTY OFFICE OF MEDICAL EXAMINER CREATED. No. 1150 (House Bill No. 1234). AN ACT To abolish the office of coroner of DeKalb County; to create the office of medical examiner of DeKalb County; to prescribe the eligibility requirements for medical examiner of DeKalb County; to provide for review and waiver of these requirements; to provide for the selection and term of office of the medical examiner of DeKalb County; to provide for the compensation and expenses of the medical examiner of DeKalb County; to provide for the functions, powers, and duties of the office of medical examiner of DeKalb County; to provide for the applicability of certain 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. Coroner. The office of coroner of DeKalb County is hereby abolished, effective January 1, 1981.

Page 3828

Section 2. Medical examiner. (a) There is hereby created the office of medical examiner of DeKalb County. To be eligible to be medical examiner of DeKalb County, a person must: (1) Have a doctor of medicine degree and be licensed to practice medicine under the provisions of Code Chapter 84-9, as now or hereafter amended; (2) Be eligible for certification by the American Board of Pathology; and (3) Have had at least one year of medico-legal training or one year of active experience in a scientific field in which legal or judicial procedures are involved at the county, state, or federal level. (b) Once each year the requirements of the medical examiner of DeKalb County shall be reviewed by the DeKalb Medical Association and the governing authority of DeKalb County. Upon the recommendation of the DeKalb Medical Association and upon approval of the governing authority of DeKalb County, the requirements for the medical examiner may be waived. Any such waiver shall be for a period of one year unless extended by the governing authority of DeKalb County. Section 3. Selection. The medical examiner of DeKalb County shall be nominated by the chairman of the board of commissioners of DeKalb County and shall be approved by the board of commissioners of DeKalb County. The medical examiner of DeKalb County shall serve at the pleasure of the board. The first medical examiner of DeKalb County selected under this Act shall take office January 1, 1981. The medical examiner of DeKalb County shall be compensated in such amount as shall be determined by the board of commissioners of DeKalb County. All expenses of the office of medical examiner shall be paid by DeKalb County, subject to budgetary limitations. Section 4. Duties. All of the functions of and all of the powers, rights, and duties of and heretofore exercised by the coroner of DeKalb County with reference to post-mortem examinations and autopsies shall be performed by and exercised by the medical examiner of DeKalb County; but said medical examiner shall have no authority to summon and impanel a jury to hold inquests.

Page 3829

Section 5. Same. The medical examiner of DeKalb County shall be authorized to perform all of the functions prescribed for a coroner under the provisions of the Georgia Post-Mortem Examination Act, approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as now or hereafter amended, except said medical examiner shall have no authority to summon and impanel a jury to hold inquests. Section 6. Applicability of certain Acts. The provision of the Georgia Post-Mortem Examination Act, approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as now or hereafter amended, including but not limited to the penalty provisions, shall apply in all cases regarding the medical examiner of DeKalb County, except the provisions relating to inquests shall not apply. Section 7. Effective date. This Act shall be effective only in the event that there shall be approved at the general election held in 1980 an amendment to Article IX, Section I, Paragraph VII of the Constitution so as to authorize the General Assembly to abolish the office of coroner of DeKalb County and create the office of medical examiner of DeKalb County, and then this Act shall become effective on January 1, 1981. Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced during the regular 1980 session of the General Assembly of Georgia a bill to abolish the office of coroner of DeKalb County; to create the office of medical examiner of DeKalb County; to prescribe the eligibility requirements for medical examiner of DeKalb County; to provide for the selection of medical examiner of DeKalb County and such person's term of office; to provide for the compensation and expenses of the medical examiner of DeKalb County; to provide for the functions, powers, and duties of the office of medical examiner of DeKalb County; to provide for the applicability of certain Acts; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3830

This 14th day of December, 1979. Eleanor L. Richardson Representative, 52nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. Richardson who, on oath, deposes and says that he/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 Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Eleanor L. Richardson Representative, 52nd District Sworn to and subscribed before me, this 14th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980.

Page 3831

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED. No. 1152 (House Bill No. 1284). 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), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), so as to provide a definition of Public Airport Passenger Terminal; to provide that, subject to certain conditions, Clayton County may enter into rapid transit contracts with the Metropolitan Atlanta Rapid Transit Authority for the provision of public transportation services by the Metropolitan Atlanta Rapid Transit Authority to and from and within the Clayton County-Atlanta Airport Public Transportation District without holding a referendum on said contracts; to authorize Clayton County, subject to certain conditions, to create a special service district for public transportation purposes, to be known as the Clayton County-Atlanta Airport Public Transportation District, in defined portions of any area in Clayton County now or hereafter owned or controlled by the City of Atlanta for airport purposes; to provide that the levy by Clayton County in said special service district of a retail sales and use tax shall be only in the geographical area of the special district; to provide for the proper administration and enforcement of this Act; to provide for other matters relative to the foregoing and relative to the general purposes

Page 3832

of this Act; and to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. 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), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), is hereby amended by adding at the end of Section 2 a new subsection (1) to read as follows: (1) Public Airport Passenger Terminal. Areas that are both open to the general public and located inside buildings used primarily for air passenger ticketing, baggage handling, boarding or deboarding of aircraft and including all areas therein providing accommodations, goods, services, food, and beverages for sale to or use by the public, as well as public parking lots servicing such buildings, but not including areas outside such buildings or parking lots, such as, but not limited to, adjoining apron or ramp areas where aircraft are parked, serviced, fueled or receive food catering services, and runways, taxiways, open areas and buildings which are leased to air carriers or others primarily for purposes other than air passenger handling. Section 2. Said Act is further amended by adding at the end of Section 24(e), before the period, the following:

Page 3833

,except for any rapid transit contract between Clayton County, acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(1) of this Act, and the Authority, which contract shall (any other provision of law to the contrary notwithstanding) become valid and binding immediately, without necessity for any referendum, upon its execution by the Local Governing Body of Clayton County and the Authority and shall thereupon constitute an obligation on the part of Clayton County within the meaning of Section 24(i) of this Act., so that when amended said Section 24(e) shall read as follows: (e) Before a rapid transit contract such as is described in Subsection (d) shall become valid and binding on a local government which is a party thereto, the same must have been approved by a majority of the qualified voters of the local government voting in a referendum as hereinafter provided, except for any rapid transit contract between Clayton County, acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(l) of this Act, and the Authority, which contract shall (any other provision of law to the contrary notwithstanding) become valid and binding immediately, without necessity for any referendum, upon its execution by the Local Governing Body of Clayton County and the Authority and shall thereupon constitute an obligation on the part of Clayton County within the meaning of Section 24(i) of this Act. Section 3. Said Act is further amended by adding at the end of Section 24 a new subsection (l) to read as follows: (l) Subject to the conditions hereinafter provided in this subsection, the Local Governing Body of Clayton County is hereby authorized to create a special service district to be known as the Clayton County-Atlanta Airport Public Transportation District, which District shall encompass that area in Clayton County now or hereafter owned or controlled by the City of Atlanta for airport purposes (A) which is now or hereafter used by the Authority or which the Authority has the right to use for a Transportation Project or (B) which is now or hereafter used for a Public Airport Passenger Terminal. Said District may provide for public transportation services and for the construction, maintenance and operation

Page 3834

of a Transportation Project to and from and within said District, and the Local Governing Body of Clayton County, subject to the conditions hereinafter provided in this subsection, is hereby authorized to enter into contracts for and on behalf of said District with the Authority for the provision of the aforesaid services and System to and from and within said District. As a condition precedent to the Local Governing Body of Clayton County exercising any power pursuant to this subsection, 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, must first be amended to provide that any rapid transit contract between Clayton County on behalf of the entire county and the Authority which requires Clayton County to levy the sales and use tax authorized by this Act throughout its territorial limits shall also provide for the extension of the rapid transit system and project into Clayton County to provide rapid transit services within Clayton County on substantially the same basis that such services are provided or will be provided within Fulton and DeKalb counties, without the necessity of any payment being made by Clayton County other than the proceeds of the sales and use tax levied throughout its territorial limits. Section 4. Said Act is further amended by adding immediately after the first sentence of subsection (a) of Section 25, and before the second sentence, the following: Provided, in the event Clayton County acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(l) of this Act and the Authority enter into a rapid transit contract pursuant to Section 24 of this Act, said retail sales and use tax shall be levied only within the geographical area contained within said District. Section 5. Said Act is further amended by striking from the next to last sentence of subsection (a) of Section 25, the following: governed by any of the local governments imposing the tax,, and by inserting in lieu thereof the following: in which the tax is imposed,,

Page 3835

so that when amended by the immediately preceding Section 4 and this Section 5, Section 25(a) shall read as follows: (a) 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, in the event Clayton County acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(l) of this Act and the Authority enter into a rapid transit contract pursuant to Section 24 of this Act, said retail sales and use tax shall be levied only within the geographical area contained within said District. 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 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, 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 in which the tax is imposed, 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.

Page 3836

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 1980 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 13th day of December, 1979. 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 Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 27, 1979, January 2, 1980, January 9, 1980. /s/ John W. Greer Representative, 43rd District

Page 3837

Sworn to and subscribed before me, this 21st day of January, 1980. /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 1980 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 19, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 13th day of December, 1979. 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 2, 9, 16, 1980. /s/ John W. Greer Representative, 43rd District

Page 3838

Sworn to and subscribed before me, this 21st day of January, 1980. /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 1980 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 13th day of December, 1979. 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 Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980. /s/ John W. Greer Representative, 43rd District

Page 3839

Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 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 13th day of December, 1979. 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 21, 1979, December 28, 1979, January 4, 1980. /s/ John W. Greer Representative, 43rd District

Page 3840

Sworn to and subscribed before me, this 21st day of January, 1980. /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 1980 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 13th day of December, 1979. 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 25, 1979, January 1, 1980, January 8, 1980. /s/ John W. Greer Representative, 43rd District

Page 3841

Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. RICHMOND COUNTY BOARD OF EDUCATION, REFERENDUM. No. 1154 (House Bill No. 1292). 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. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for biennial elections for purposes of selecting members of the Board of Education; to change the terms of office of certain current members of the Board; to provide for editorial revision; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act 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), an Act approved March 21, 1974 (Ga. Laws

Page 3842

1974, p. 2545), an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), is hereby amended by striking Section I thereof in its entirety and substituting in lieu thereof a new Section I to read as follows: Section 1. Richmond County, a single school district, composition and method of election of the Board of Education. (a) The County of Richmond shall be a single school district and shall be confined to the management and control of an elected Board of Education. (b) The members of the Board of Education shall be bona fide residents of the districts or combinations thereof, 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 and shall be elected by the qualified voters in the County of Richmond voting by district or combinations thereof, as hereafter set out. The election for members of the Board of Education shall be held on the first Tuesday after the first Monday in November in each even-numbered year once biennial elections have been phased in as herein provided. 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 district or combination thereof he is a candidate to represent. (c) Each candidate for the Board of Education shall pay a $ 100.00 qualifying fee with the Board of Elections upon the date that he files his notice of candidacy. A written acknowledgement of the receipt of such declaration from the Board of Elections shall always be evidence of its filing. In the event not more than one such notice or declaration of intention is filed in respect to any position, the person filing shall automatically become the board member from such district or combinations thereof for the next ensuing term as fixed by law; and no election shall be held for such post or district. In the event no notices or declarations are filed by a candidate to become a member of the Board from any district or combinations thereof; the Board of Education shall fill such vacancy by a majority vote of members present at a special meeting of the Board called for that purpose. When more than one candidate to become

Page 3843

a member of the Board of Education files from a particular district or combinations thereof an election shall be held. The Board of Elections of Richmond County shall certify the unopposed candidates and, based upon this certification, the Secretary of State is authorized to issue commissions to such unopposed candidates. (d) Except as otherwise provided in this section, each member of the Board of Education shall serve a term of four year and until the election and qualification of his successor. Each term shall begin the first day of January immediately following the election of the member. (e) The Board of Education shall consist of sixteen (16) members. There shall be one member elected or appointed for each of the following districts or combinations thereof (said combinations of districts being sometimes referred to herein as post(s) at large posts.) Said district posts and at large posts described below, utilizing 1970 census figures and census tract maps shall be as follows: SCHOOL BOARD DISTRICT I CT 3 ED'S 42, 43, 44 45 CT 4 ED'S 50, 51 52 CT 6 ED'S 53, 54, 55, 56, 57 58 CT 7 ED'S 59, 60, 61 62 CT 8 ED'S 46, 47, 48 49 CT 9 ED'S 63, 64, 65, 66, 67, 68 69 CT 10 ED'S 37, 38, 39, 40 41 CT 13 ED'S 81, 82 83 CT 14 ED'S 77, 78, 79 80 CT 103 ED 104 CT 15

Page 3844

ED'S 70, 71, 72, *73 74 * That portion of ED 73 lying South of Glass Factory Avenue and being bounded West by Savannah Road, East by the Georgia-Florida Railroad and South by Augusta City Limit Line. (It is estimated that no residents are in this portion of ED 73) Total 1970 35,121 1978 29,617 SCHOOL BOARD DISTRICT II CT 14 ED 76 CT 15 ED *73 75 * That portion of ED 73 being bounded North by 15th Street, East by Savannah Road, West by City Limit Line and South by City Limit Line and presently known as Southside Terrace Project. CT 103 ED'S 105, 106, 107, 108 109 CT 104 ED'S 97, 98, 99, 100, 101, 102 103 CT 105.1 ED'S 136 137 CT 105.2 ED'S 119, *120, 121, 122 123 * That portion of ED 120 lying West of Highway #1 (Deans Bridge Road). CT 106 ED'S 90, 91, 92, 93, 94, 95 96 Total 1970 26,701 1978 29,285 SCHOOL BOARD DISTRICT III CT 1 ED'S 27, 28, 29, 30 31 CT 2 ED'S 22, 23, 24, 25 26 CT 11

Page 3845

ED'S 34 36 CT 12 ED 89 CT 101 ED'S 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 *11 * That portion of ED 11 lying North and Northeast of Bobby Jones Expressway CT 102 ED'S *12 13 * That portion of ED 12 lying North of Wheeler Road. * That portion of ED 13 lying East of Crane Creek Total 1970 23,308 1978 30,941 SCHOOL BOARD DISTRICT IV CT 11 ED 35 CT 12 ED'S 85, 86, 87 88 CT 13 ED'S 84 CT 16 ED'S 32 33 CT 101 ED *11 * That portion of ED 11 lying Southwest of Bobby Jones Expressway. CT 102 ED'S *12, *13, 14, 15, 16, 17, 18, 19, 20 21 * That portion of ED 12 lying West of Rae's Creek. * That portion of ED 13 extending South from Crane Creek. CT 103 ED 110 CT 105.1 ED'S 133, 134 135 CT 107 ED *141

Page 3846

* That portion of ED 141 that extends West of Highway #1 (Deans Bridge Road) and bounded South by Barton Chapel Road. CT 108 ED *139 * That portion of ED 139 from Butler Creek South to 4th Avenue (Ft. Gordon Military Reservation). Total 1970 26,920 1978 31,471 SCHOOL BOARD DISTRICT V CT 105.2 *120, 124, 125 127 * That portion of ED 120 lying East of Highway #1 (Deans Bridge Road). CT 105.1 ED 138 CT 107 ED'S *141 *142 * That portion of ED 141 lying West of Highway #25 (Peach Orchard Road) between Highway #1 and Highway #25. * That portion of ED 142 lying West of Highway #25 (Peach Orchard Road), between Highway #1 and Highway #25. CT 109 ED'S 143, 144, *146 147 * That portion of ED 146 lying West of Highway #25 (Peach Orchard Road). CT 108 ED'S *139 140 * That portion of ED 139 lying South of 4th Avenue (Ft. Gordon Military Reservation) and extending to Richmond County Line. Total 1970 28,307 1978 35,224

Page 3847

SCHOOL BOARD DISTRICT VI CT 105.2 ED'S 128, 129, 130, 131 132 CT 105.3 ED'S 111, 112, 113, 114, 115, 116, 117 118 CT 107 ED'S 141 *142 * That portion of ED 141 lying East of Highway #25 (Peach Orchard Road) between Highway #25 #25 and Central of Georgia Railroad. * That portion of ED 142 lying East of Highway #25 (Peach Orchard Road). CT 109 ED'S 145 *146 * That portion of ED 146 lying East of Highway #25 (Peach Orchard Road). Total 1970 22,180 1978 30,845 (f) The district and at large posts from which candidates shall run for the Board of Education shall be as listed below: (reference being made in the parenthetical material in each of the following lists as to the old district being replaced by the districts hereinafter set out): District 1, district wide, Post #1 (Old 3rd Ward) District 1, district wide, Post #2 (old 2nd Ward) District 2, district wide, Post #1 (Old 4th Ward) District 2, district wide, Post #2 (Old 119th District) District 3, district wide, Post #1 (Old 5th Ward) District 3, district wide, Post #2 (Old 8th Ward) At Large, Districts 1, 2 3, Post #1, (Old 1st Ward) At Large, Districts 1, 2 3, Post #2, (Old 7th Ward)

Page 3848

District 4, district wide, Post #1 (Old 1269th District) District 4, district wide, Post #2 (Old 6th Ward) District 5, district wide, Post #1 (Old 1434th District) District 5, district wide, Post #2 (Old 1760th District) District 6, district wide, Post #1 (Old 124th District) District 6, district wide, Post #2 (Old 1660th District) At Large, Districts 4, 5 6 Post #1 (Old 123rd District) At Large, Districts 4, 5 6 Post #2 (Old 121st District) (g) (1) At the election which was held on the first Tuesday after the first Monday in November, 1979, five (5) members of the Board were elected, one each to represent District 3, Post #1 (Old 5th Ward), District 4, Post #4 (Old 1269th), District 4, Post #2 (Old 6th Ward), District 5, Post #1 (Old 1434th) and District 6, Post #1 (Old 123rd). Such members so elected in 1979 shall serve an initial term of five (5) years which shall expire on December 31, 1984. The next election for these posts shall be on the first Tuesday after the first Monday in November, 1984, and in every fourth year thereafter. (2) At the election to be held on the first Tuesday after the first Monday in November, 1980, four members of the Board shall be elected, one each to represent District 1, Post 1 (Old 3rd Ward), District 2, Post 1 (Old 4th Ward), District 3, Post 2 (Old 8th Ward), and At Large District 4, 5 and 6, Post 1 (Old 123rd), and shall serve an initial term of six (6) years which shall expire on December 31, 1986. When the candidates for these Posts come up for election on the first Tuesday after the first Monday in November, 1986, and thereafter, their term shall be for four (4) years. (3) At the election to be held on the first Tuesday after the first Monday inn November, 1981, four (4) members of the

Page 3849

Board shall be elected, one each to represent: At Large, Districts 1, 2 and 3, Post 1 (Old 1st Ward), District 1, Post 2, (Old 2nd Ward), District 2, Post 2 (Old 119th DGM) and At Large, District 4, 5, and 6, Post 2 (Old 123rd) and shall serve an initial term of five (5) years which shall expire on December 31, 1986. When the candidates for these posts come up for election on the first Tuesday after the first Monday in November, 1986, and thereafter, their term shall be for four (4) years. (4) At the election to be held on the first Tuesday after the first Monday in November, 1982, three members of the Board shall be elected, one each to represent At Large, Districts 1, 2 and 3, Post 2 (Old 7th Ward), District 6, Post 2 (Old 1660th) and District 5, Post 2 (Old 1760th District), and shall serve an initial term of six (6) years which shall expire on December 31, 1988. When the candidates for these three (3) posts come up for election on the first Tuesday after the first Monday in November, 1988, and thereafter, their term shall be for four (4) years. (5) The members of the Board in office on the effective date of this section shall remain in office until the election and qualification of their successors as provided in this section. Vacancies, except those arising from expiration of terms, shall be filled by election at the next succeeding election held for the purpose of electing members of the County Board of Education of Richmond County, Georgia, and shall be for the unexpired portion of the term caused by said vacancy, provided said vacancy occurs at least fifty (50) days prior to the date set for the election, including the day on which the vacancy occurs, and provided further that if the vacancy occurs at least fifty (50) days prior to the date of the election the candidates shall be allowed not less than ten (10) days to qualify. If the vacancy occurs less than fifty (50) days prior to the date of the election, the vacancy shall not be filled until the next succeeding election held for that purpose; provided further that all such candidates shall have no less than ten (10) days to qualify. (6) Should there ever occur on the Board as many as four (4) vacancies at one time, a special election shall be conducted in the same manner as other elections for members of the Board and shall be called not later than 45 days after the vacancies occur. Any candidates desiring to qualify in the special election

Page 3850

provided for in this paragraph to fill a vacancy shall have the resident requirements provided for in this section and the candidates shall qualify and run for election as provided for in this Act. Section 2. Not less than 30 nor more than 45 days or after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting this Act to the electors of the Richmond County School District for approval or rejection. The superintendent shall set the date of such election for the day of the presidential preference primary to be held in this state in 1980. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for election of half the Richmond County Board of Education every two 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 Richmond County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to

Page 3851

amend an Act entitled An Act to Regulate 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), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for biennial elections for purposes of selecting members of the Board of Education; to change the terms of office of certain current members of the Board; to provide for editorial revision; to provide for other matters relative to the foregoing, to repeal conflicting laws, and for other similar purposes. This 28th day of December, 1979. Leonard O. Fletcher, Jr., Attorney for County Board of Education of Richmond County Georgia, Richmond County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Morris, III who, on oath, deposes and says that he is the Publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, official newspaper published at Augusta, in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the following dates: January 2, 9 and 16, 1980. As provided by law. /s/ William S. Morris, III Publisher

Page 3852

Sworn to and subscribed before me, this 18th day of January, 1980. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal). Approved March 25, 1980. ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF CERTAIN CITIES AMENDED (300,000 OR MORE). No. 1156 (House Bill No. 1324). 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.), so as to reenact a provision relating to refunds, which provision was inadvertently repealed by Section 3(u) of said Ga. Laws 1978, p. 4546; to provide that said refunds shall be subject to withholding or deduction under certain circumstances; and as amended particularly by the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3625), relating to credit for prior service, so as to make technical changes in and clarify said amendatory Act;

Page 3853

to provide an effective date; 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 adding thereto, a new subsection (S), which shall provide as follows: (S) Any employee participating in the provisions of the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), or of the several Acts amendatory thereof, who leaves the employ of such municipality prior to retirement shall be entitled to a refund of all monies paid into such fund by said employee; provided, however, that such refunds shall be subject to withholding or deduction for any debts or amounts due to such municipality by such ex-employee. Section 2 . Quoted subsection (J)(1) of Section 1 of the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3625), is hereby amended by striking said subsection in its entirety and substituting in lieu thereof a new quoted subsection (J)(1) to read as follows: (J) (1) Credit for previous city service, contributions, payment. Any officer or employee claiming previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be eligible for previous service credit immediately upon filing application for same, and upon payment of the contribution in accordance with the provisions set forth in subsection (I) of the 1978 Pension Act Amendment (Ga. Laws 1978, pp. 4546, 4553); provided, however, the penalty

Page 3854

provision of said subsection (I) shall be applicable only to such officers or employees who failed to elect enrollment under said 1978 Pension Act Amendment prior to July 1, 1979, and who terminated employment subsequent to April 1, 1978. The total amount of such required contributions shall be increased by a sum equal to the amount 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 termination to the date of filing of the application. The total amount of such required contributions, less a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment, shall be increased by an amount equal to such required contributions, less the said amount withdrawn multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination or July 1, 1979, whichever is later to the date of application. 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 plus an amount equal to seven percent (7%) per annum compounded of such amount not withdrawn from the date of termination to the date of filing of the application. As to credit for part-time or temporary service with the city, such previous 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 previous service credit. The payment of the contributions of previous service credit for previous 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

Page 3855

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 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1980. STATE COURT OF FULTON COUNTY FILLING OF VACANCIES. No. 1164 (House Bill No. 1503). AN ACT To provide a uniform method of filling vacancies in the offices of Judge and Solicitor General of the State Court of Fulton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby enacted by the authority aforesaid pursuant to Article VI, Section I, Paragraph I of the Constitution of the State of Georgia, Section 6 of an Act approved March 24, 1976 (Ga. Laws 1976, p. 3023), is hereby amended so as to provide a uniform method of filling vacancies in the offices of Judge and Solicitor General of the State Court of Fulton County. Section 2. It is hereby enacted by the authority aforesaid that from and after the passage of this Act, Section 6 of the Act approved March 24, 1976 (Ga. Laws 1976, p. 3023) be and the same is hereby amended by adding a new subsection (d) of Section 6 to read as follows:

Page 3856

(d) In the event of a vacancy arising in the office of Judge or Solicitor General of the State Court of Fulton County by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the term or unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office. Section 3. Be it further enacted by the authority aforesaid that Section 1 of an Act approved April 28, 1969 (Ga. Laws 1969, pp. 3944, 3946), which provided that a person appointed by the Governor to fill a vacancy in the office of Judge or Solicitor of the Criminal Court of Fulton County shall serve until the next general election or if the term expires within 60 days of the next general election, then for that unexpired term is hereby amended by striking in its entirety its amendment to Section 6 and substituting in lieu thereof a new Section 6 to read as follows: Section 6. In the event of a vacancy arising in the office of Judge or Solicitor General of the Criminal Court of Fulton County by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the term or unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office. 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 1980 session of the General Assembly of Georgia a bill to amend an act approved 2-24-76 creating the State Court of Fulton County (Ga. L. 1976, p. 3023), as amended; and for other purposes.

Page 3857

This 10th day of January, 1980. John Tye Ferguson Associate County Attorney Fulton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael C. Nichols who, on oath, deposes and says that he/she is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 11, 18, 25, 1980. /s/ Michael C. Nichols Representative, 27th District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980.

Page 3858

ACT CREATING PURCHASING DEPARTMENTS IN CERTAIN COUNTIES AMENDED (200,000 OR MORE) (550,000 OR MORE). No. 1165 (House Bill No. 1507). AN ACT To amend an Act creating and establishing a Purchasing Department in certain counties of this State, approved March 27, 1941 (Ga. Laws 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1147), so as to change the counties to which such Act is applicable; to change the procedures relative to emergency purchases; to change the provisions relative to purchases without competitive bids; to provide 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 Purchasing Department in certain counties of this State, approved March 27, 1941 (Ga. Laws 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1147), is hereby amended by striking from Section 1 the words and figures two hundred thousand or more according to the United States Census of 1940 and inserting in lieu thereof the words and figures five hundred fifty thousand or more according to the United States Census of 1970, so that when so amended Section 1 shall read as follows: Section 1. There is hereby created in each county in this State having a population of five hundred fifty thousand or more according to the United States Census of 1970, or any future United States census, a County Purchasing Department, which shall be set up, established and maintained under the jurisdiction of the Board of Commissioners of Roads and Revenues, or other county authority. Section 2. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. All supplies, materials and equipment shall be purchased or procured by the county purchasing agent, except those for

Page 3859

the use of the departments under the jurisdiction of the county Board of Education and county Board of Public Welfare; provided that in the event of an emergency requiring an immediate purchase involving an expenditure of less than One Hundred ($100.00) Dollars, and does in fact present an emergency requiring immediate purchase, the county manager may, in writing, authorize the immediate purchase of the same by the county purchasing agent, without receiving written bids therefor, but before purchasing, the purchasing agent shall canvass such number of dealers and suppliers as the exigency of the situation will permit and shall make the purchase at the lowest obtainable price. Section 3. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. If the several parts of the work or labor to be done or the supplies, materials, and equipment to be furnished, or both, shall together involve an expenditure of more than One Thousand ($1,000.00) Dollars but less than Two Thousand Five Hundred ($2,500.00) Dollars, the same may be procured on order awarded to the lowest responsible bidder upon written bids submitted without public advertisement, under such regulation as shall be made by the county authority; and, if the same shall involve an expenditure of more than Three Hundred ($300.00) Dollars but less than One Thousand ($1,000.00) Dollars, such bids need not be written but a record thereof shall be made by the agency procuring the same and filed in the office of the county purchasing agent. Purchases of Three Hundred ($300.00) Dollars or less may be made without competition. 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. Approved March 25, 1980.

Page 3860

TOWN OF LENOX ELECTIONS. No. 1166 (House Bill No. 1528). AN ACT To amend an Act creating and establishing a Charter for the Town of Lenox, approved December 12, 1901 (Ga. Laws 1901, p. 510), as amended, particularly by an Act approved March 9, 1959 (Ga. Laws 1959, p. 2563), so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to the term of office of the mayor; to change the method of electing councilmen; 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 Charter for the Town of Lenox, approved December 12, 1901 (Ga. Laws 1901, p. 510), as amended, particularly by an Act approved July 30, 1927 (Ga. Laws 1927, p. 1279), and an Act approved March 9, 1959 (Ga. Laws 1959, p. 2563), is hereby amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4, to read as follows: Section 4. An election shall be held on the first Wednesday in December, 1980 and annually thereafter for the Town of Lenox. At the election to be held on the first Wednesday in December, 1980, a mayor shall be elected. The mayor so elected shall hold office for one year and until his successor is elected and qualified. At the election to be held on the first Wednesday in December, 1981, and biennially thereafter, a mayor shall be elected. The mayor so elected shall hold office for a term of two years and until his successor is elected and qualified. For the purpose of electing councilmen, there are hereby created five council posts to be designated Post #1, Post #2, Post #3, Post #4 and Post #5. At the election to be held on the first Wednesday in December, 1980, a councilman shall be elected to represent Post #1, a councilman shall be elected to represent Post #2, and a councilman shall be elected to represent Post #3. At the election to be held on the first Wednesday in December, 1981, two councilmen shall be elected. One of such councilmen shall be elected to represent Post #4 and one of such councilmen shall be elected

Page 3861

to represent Post #5. All councilmen shall hold their respective offices for a term of two years from the date of their election or until their respective successors are elected and qualified. The mayor and councilmen in office on April 1, 1980, shall continue to serve for the remainder of their respective terms to which they were elected. Councilmen may reside anywhere within the Town of Lenox but, at the time they qualify for election, they shall designate the post to which they seek election and shall be qualified to seek election to one post only. The voters of the entire Town of Lenox shall be eligible to vote for the office of mayor and for the office of councilman from each of the five council posts. The candidates receiving a majority of the votes cast for the office of mayor and for the office of councilman from each of the five council posts shall be elected. In the event that no person receives a majority of the votes cast for an office, a run-off election shall be held as provided in Code Title 34A, the Georgia Municipal Election Code, as the same may now or hereafter be amended. Said elections for mayor and councilmen shall be held in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same may now or hereafter be amended. The managers at all elections shall take and subscribe before any officer authorized to administer an oath and, in the absence of such officer, in the presence of each other, the following oath: `All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the Charter of said Town of Lenox to hold the same; that we will make just and true returns thereof, and not knowingly permit anyone to vote unless we believe him to be entitled to do so under the charter of said town, or knowingly prevent anyone from voting who is so entitled; and that we will not divulge for whom any vote was cast, unless called upon under the law to do so, so help me God.' Within five days after said election, the managers shall issue to the newly elected mayor and councilmen a certificate of election to each of the persons elected showing to what office said person was elected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3862

Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia a bill to amend an act creating and establishing a charter for the Town of Lenox, approved December 12, 1901, (Georgia Laws, Page 510), as amended for the purpose of changing the term of Mayor and the manner of election of Councilmen. David Roy Hege Town Attorney Town of Lenox Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick 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 Adel News which is the official organ of Cook County, on the following dates: January 9, 16, 23, 1980. /s/ Henry Bostick Representative, 146th District

Page 3863

Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CITY OF AUGUSTA ELECTIONS. No. 1167 (House Bill No. 1531). AN ACT To amend an Act chartering the City of Augusta, as the City Council of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), and the Acts amendatory thereof approved February 8, 1955 (Ga. Laws 1955, p. 2120), and March 4, 1964 (Ga. Laws 1964, p. 2403), so as to provide that council members shall be elected by a majority of the votes cast; to provide for run-off elections where no candidate for councilman receives a majority of the votes cast; to provide for election by plurality in certain run-off elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act chartering the City of Augusta, as the City Council of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), and the Acts amendatory thereof approved February 8, 1955 (Ga. Laws 1955, p. 2120), and March 4, 1964 (Ga.

Page 3864

Laws 1964, p. 2403), are hereby amended by striking from the last sentence of the section captioned Ascertainment of election results, which section appears at Ga. Laws 1955, pp. 2136 and 2137, the following: plurality, said word appearing on the twenty-fifth line from the top of page 2137, and inserting in lieu thereof the following: majority. Section 2. Said Acts are further amended by striking in its entirety the section captioned Run-off Election, which section appears at Ga. Laws 1964, p. 2404, and inserting in lieu thereof a new section to read as follows: Run-off Election: In the event that no person shall have received a majority of the consolidated votes cast in any election for the offices of mayor or councilman, the City Council of Augusta shall immediately call another election to be held not earlier than one week nor later than three weeks after the date of the regular election, and the two persons receiving the highest number of the consolidated votes cast for the offices of mayor or councilman in the regular election shall be determined to be the sole candidates in the run-off election. In the event, however, that there are two persons who have the same number of consolidated votes for the second position, in determining those who received the highest number of the consolidated votes cast, then the three persons receiving the highest number of the consolidated votes cast shall be determined to be the sole candidates in the run-off election. Such run-off election shall be governed by the same laws as those which governed the said election in which no candidate received a majority of the votes cast, however, in such run-off election, if there are more than two candidates, the person receiving the plurality of the consolidated votes cast therein shall be declared as having been elected.

Page 3865

Section 3. Said Acts are further amended by repealing in its entirety the section captioned Ties in election of mayor, which section appears at Ga. Laws 1955, p. 2137. 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 Local Legislation will be introduced at the January-February 1980 Session of the General Assembly of Georgia to amend the Charter and Laws pertaining to the City Council of Augusta so as to require City-wide majority elections of City Council members. 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: December 12, 19, 26, 1979. /s/ Jack Connell Representative, 87th District

Page 3866

Sworn to and subscribed before me, this 29th day of January, 1980. /s/ Lounell R. Jones Notary Public, Georgia State at Large. My Commission Expires March 27, 1982. (Seal). Approved March 25, 1980. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY ACT AMENDED. No. 1168 (House Bill No. 1590). AN ACT To amend an act creating the Downtown Marietta Development Authority approved April 10, 1971 (1971 Ga. Laws p. 3459), as amended; to amplify, expand and declare the purposes and objectives of the Act; to define certain terms; to provide for quorums; to provide for notice; to enlarge the Downtown Marietta District; to amplify, expand and declare the powers of the Authority; to provide for waiver of the right to compel levy of a tax; to provide for issuance of bonds, notes and other obligations of indebtedness of the Authority; to provide for the validation of bonds only; to provide that no interest rate limitations shall apply to bonds, notes or other obligations of the Authority; to provide for the replacement of lost, mutilated or destroyed bonds; to provide that such bonds may be secured by trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of the interest of bondholders; to exempt the bonds, notes and other obligations of indebtedness and the

Page 3867

income therefrom from taxation; to provide that such bonds shall be lawful investments for public officers and bodies, municipalities and municipal subdivisions, insurance companies, banks, savings and loan associations and others and may be used as lawful deposits of securities with all public officers and bodies of this State and all municipalities and municipal subdivisions; to amplify, expand and declare the purpose of the Authority; to provide that these amendments shall apply to all outstanding or authorized and unissued bonds, notes and other obligations, as well as all future bonds, notes and other obligations and to provide for ratification and approval of any and all bonds, notes or other obligations issued or validated prior to the effective date hereof; to provide that property of the Authority be deemed public property and tax exempt; to provide for severability; to provide that these amendments shall be effective upon approval by the Governor or upon becoming law without his approval; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: The Act creating the Downtown Marietta Development Authority approved April 10, 1971 (1971 Ga. Laws p. 3459), as amended, is hereby amended as follows: SECTION A Section 1 of the Act as amended is hereby amended by adding thereto the following subsections: (a) The word Act shall mean the Act of the General Assembly approved April 10, 1971 (1971 Ga. Laws p. 3459), as now or hereafter amended. (b) The word Authority shall mean the Downtown Marietta Development Authority created pursuant to the Act under and by virtue of an amendment (set forth as proposed in 1970 Ga. Laws p. 1109 and subsequently ratified and proclaimed) to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945 (now cited as Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976). (c) The terms cost of the project or cost of any project shall be deemed to mean and shall include: All costs of acquisition (by purchase or otherwise), construction, installation, modification, renovation or rehabilitation of any project or any part of any project;

Page 3868

all costs of real or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses and certificates, the cost of securing any such franchises, permits, approvals, licenses or certificates and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest which accrues or is paid prior to and during the period of construction of a project and for one year after the completion of construction thereof; all costs of engineering, architectural and legal services and all expenses incurred by engineers, architects and attorneys in connection with any project; all inspection expenses; all fees of fiscal agents, paying agents, trustees for bondholders under any trust agreement, indenture of trust or similar instrument, all expenses incurred by any such fiscal agents, paying agents and trustees and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes or other obligations for any project; all costs permitted under Section 7 of this Act; all expenses incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and other expenses of such loans; administrative expenses of the Authority and such other expenses as may be necessary or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the Authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust or similar instrument pursuant to the provisions of which the issuance of any revenue bonds, notes or other obligations of the Authority may be authorized. Any cost, obligation or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes or other obligations issued by the Authority. Notwithstanding the foregoing, in no event shall entertainment or promotional expense be considered part of the cost of any project.

Page 3869

(d) The word project shall be deemed to mean and shall include the acquisition, construction, installation, modification, renovation or rehabilitation of buildings, structures, facilities and other improvements located or to be located within the Downtown Marietta District, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture and other property of any nature whatsoever used in or in connection with any such building, structure or other improvement, all for the essential public purpose of the redevelopment of the Downtown Marietta District. A project may be for any industrial, commercial, business, office, public or other use, provided that a majority of the members of the Authority determine, by a resolution duly adopted, that the project and such use thereof would further the redevelopment of the Downtown Marietta District and the public purpose of this Act. (e) The terms revenue bonds and bonds shall mean any bonds of the Authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds. Section B Section 2 of the Act as amended is hereby amended by adding thereto a new subsection (e) as follows: (e) Any four members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any resolution of the Authority authorizing the issuance of revenue bonds, notes or other obligations for any project of the Authority must be approved by a majority vote of the members of the Authority. Section 2 of the Act as amended is hereby amended by adding to subsection (b) of Section 2 of the Act as amended the following sentences: The due notice requirement herein may be met by giving written notice mailed to the last address shown, (1) for owners of property in the Downtown Marietta District on the ad valorem tax records of the City of Marietta for the preceding year, and (2) for owners of businesses in the Downtown Marietta District on the business license records of the City of Marietta for the preceding year, at least ten days prior to the caucus of the owner group given such

Page 3870

notice, together with notice published once a week during the two calendar weeks immediately preceding said caucus in the newspaper in Cobb County in which sheriff's advertisements appear. One-third of the members of each owner group caucus shall constitute a quorum, and any action may be approved by a majority of those present and voting. SECTION C Section 3 of the Act as amended is hereby further amended by adding thereto the following: Also, all that tract or parcel of land lying and being in Land Lot 1290 of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the north line of Land Lot 1290, which point also lies at the southwest corner of the intersection of the right of way of Tramell Street and Powder Springs Street; thence running south 59 degrees 22 minutes east 45.0 feet along said southwest corner of that intersection to a point; thence running southerly along the western right of way of Powder Springs Street 172.2 feet to a point; thence running south 20 degrees 25 minutes west 24.5 feet along the northeast corner of the intersection of the rights of way of Reynolds Street and Powder Springs Street to a point; thence running south 88 degrees 41 minutes west 372.0 feet along the north right of way of Reynolds Street to a point; thence running south 81 degrees 36 minutes west 54.88 feet along said north right of way of Reynolds Street to a point; thence running north 00 degrees 26 minutes west 112.6 feet to a point; thence running south 89 degrees 52 minutes east 66.4 feet to a point; thence running north 89 degrees 30 minutes east 235.4 feet to a point; thence running north 00 degrees 00 minutes east 119.4 feet to a point on the south right of way of Tramell Street; thence running north 89 degrees 30 minutes east 71.4 feet along said south right of way of Tramell Street to a point, which point marks the point of beginning; being lots 30 and 31 in Part II Resubdivision of Southwest Urban Renewal Area GA R-16, as set forth on plat of survey recorded on January 17, 1973 in Plat Book 57, Page 53, Cobb County, Georgia Records, together with that property lying between the foregoing and the center line of Powder Springs Street. SECTION D Section 5 of the Act as amended is further amended by adding thereto the following subsections, which set

Page 3871

forth powers inherent in the powers previously granted to the Authority in furtherance of its corporate purposes: (13) To sue and to be sued. (14) To adopt and amend a corporate seal. (15) To make and execute contracts and other instruments necessary or convenient to exercise the powers of the Authority, including but not limited to contracts for construction of projects, leases of projects, contracts for sale of projects and contracts with respect to the use of projects; (16) To finance (by loan, grant or lease), construct, erect, purchase, acquire, own, repair, remodel, renovate, rehabilitate, maintain, extend, improve, sell, equip, expand, add to, operate or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any contribution or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the Authority is hereby authorized to receive and accept and use; (17) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and secure such borrowing; (18) To issue revenue bonds, notes or other obligations of the Authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out the public purpose of the Authority and to pay all costs of the Authority incident to, or necessary and appropriate to, furthering or carrying out such purposes; (19) To make application directly or indirectly to any federal, state, county or municipal government or agency or to any other source, public or private, for loans, grants, guarantees or other

Page 3872

financial assistance in furtherance of the Authority's public purpose and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county or municipal government or agency or other source; (20) To enter into agreements with the federal government or any agency thereof to use in the performance of the Authority's functions the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purpose of the Authority; (21) To contract for any period not exceeding fifty (50) years with the State of Georgia, State institutions or any city, town, municipality or county of the State for the use by the Authority of any facilities or services of the State or any such State institution, city, town, municipality or county, or for the use by any State institution or any city, town, municipality or county of any facilities or services of the Authority, provided such contracts shall deal with such activities and transactions as the Authority and any such subdivision with which the Authority contracts are by law authorized to undertake; (22) To extend credit or make loans to any person, corporation, partnership (limited or general) or other entity for the costs of any project or any part of the costs of any project, which credit or loans shall be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other instruments, or by rentals, revenues, fees or charges, upon such terms and conditions as the Authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance funds, and, in the exercise of powers granted by this paragraph in connection with any project, the Authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project, and such other terms and conditions, as the Authority may deem necessary or desirable; (23) As security for repayment of any revenue bonds, notes or other obligations of the Authority, to pledge, mortgage, convey,

Page 3873

assign, hypothecate or otherwise encumber any property, real or personal, of the Authority and to execute any lease, trust indenture, trust agreement, agreement for the sale of the Authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment or other instrument as may be necessary or desirable, in the judgment of the Authority, to secure any such revenue bonds, notes or other obligations, which instrument may provide for foreclosure or forced sale of any property of the Authority upon default in any obligation of the Authority, either in payment of principal or interest or in the performance of any term or condition contained in any such instrument (the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or 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 upon such default and agrees that any instrument encumbering such property may be foreclosed in accordance with law and the terms thereof); (24) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of the State of Georgia; and (25) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. The powers enumerated in each paragraph of this Section are cumulative with and in addition to those enumerated in the other paragraphs of this Section, and no such power limits or restricts any other such power. SECTION E Section 6 of the Act as amended is hereby amended by updating the reference therein to a provision in the Constitution of the State of Georgia of 1945 and by inserting certain phrases and by deleting the period and inserting a semicolon at the end of the last sentence thereof and adding the following proviso immediately following such semicolon: provided, however, that any resolution of the Authority authorizing the issuance of revenue bonds or any trust agreement, trust indenture or similar agreement approved by the Authority may provide that no bondholder shall have any such right to compel levy of a tax, and, in that event, the Authority may not and shall not levy

Page 3874

any tax to pay the bonds which are the subject of any such resolution, trust agreement, trust indenture or similar agreement or interest thereon. As hereby amended, Section 6 of the Act as amended shall read in its entirety as follows: Section 6. the revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Marietta or the Downtown Marietta Development Authority within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945 (Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976), nor a pledge of the faith and credit of said City or said Authority 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; provided, however, that any resolution of the Authority authorizing the issuance of revenue bonds or any trust agreement, trust indenture or similar agreement approved by the Authority may provide that no bondholder shall have any such right to compel levy of a tax, and, in that event, the Authority may not and shall not levy any tax to pay the bonds which are the subject of any such resolution, trust agreement, trust indenture or similar agreement or interest thereon. SECTION F Section 7 of the Act as amended is hereby amended by deleting Section 7 as it presently exists in its entirety and inserting the following in lieu thereof as Section 7: Section 7. The Authority is hereby authorized to issue bonds, revenue bonds, notes or other obligations from time to time, to carry out the purposes of this Act. Revenue bonds, notes or other 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 bonds, revenue bonds, notes or other 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 project for which bonds, revenue bonds, notes or

Page 3875

other 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 bonds, revenue bonds, notes or other obligations through the period of construction and for six months after such construction and such bonds, revenue bonds, notes or other obligations shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rates or rates and may be in such denominations and may carry such registration privileges and may be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds, revenue bonds, notes or other obligations may provide. Bonds, revenue bonds, notes or other obligations 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, revenue bonds, notes or other obligations shall bind said governing body 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 bonds, revenue bonds, notes or other obligations and to create and maintain a reserve for that purpose. Revenue bonds, but not notes, or other obligations, issued by said Authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (1937 Ga. laws p. 761), as amended. There shall be no limitation upon the amount of revenue bonds, notes or other obligations which the Authority may issue. The interest rate or rates on or to be borne by any bonds, revenue bonds, notes or other obligations issued by the Authority shall be determined by the members of the Authority, and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (1937 Ga. Laws p. 761), as amended, the usury laws of the State of Georgia or any other laws of the State of Georgia shall not apply to bonds, revenue bonds, notes or other obligations of the Authority issued pursuant to this Act. The members of the Authority shall constitute the `governing body' as that term is used herein. SECTION G The Act as amended is hereby further amended by deleting Section 8 thereof and adding the following sections:

Page 3876

Section 8. For purposes of validation of revenue bonds as provided under the Revenue Bond Law (1937 Ga. Laws p. 761), as amended, the Authority shall be considered to be located in the City of Marietta, Cobb County, Georgia. Section 9. The Authority may provide for the replacement of any Bonds issued by it which shall be lost, mutilated or destroyed. Section 10. In the discretion of the Authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the Authority and a trustee, which may be any trust company, any bank having the powers of a trust company within or outside the State, any national banking association organized under the laws of the United States, or an individual. Such trust indenture may pledge or assign fees, tolls, revenues, rents, receipts, earnings or other funds to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may prescribe the procedure by which bondholders may enforce their rights. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this State or any national banking association organized under the laws of the United States to act as such depository and to furnish such security as may be required by the Authority. All expenses incurred in connection with any such resolution or trust indenture may be treated as operating expenses of the Authority. This Section is illustrative and does not limit the types of instruments which may secure or provide for any issue of bonds or the terms and provisions which any resolution adopted by the Authority or any instrument executed by the Authority may contain. Any resolution adopted by the Authority or any indenture of trust, trust agreement, or other instrument executed by

Page 3877

the Authority may contain such terms and provisions as the Authority shall approve. Such approval of the Authority shall be conclusively established by the execution of any such resolution, indenture of trust, trust agreement or other instrument by the Chairman or Vice Chairman of the Authority and the attestation of such execution by the Secretary or any Assistant Secretary of the Authority. Nothing in this Section or this Act shall be construed to require, for any issue of revenue bonds, a trustee or a trust indenture, trust agreement or similar instrument. Section 11. In addition to and not in limitation of other powers granted in this Act as to the issuance of revenue bonds and security for such bonds, the Authority shall have the power to enter into any financial and contractual arrangements which it deems appropriate with users or owners of projects in order to provide security to bondholders, and for such purposes it may also enter into joint agreements, arrangements or trust indentures with such users or owners and a trustee or trustees under any trust indenture in order that funds may be procured to accomplish the purposes of this Act. Section 12. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds. Section 13. All bonds of the Authority issued under the provisions of this Act are declared to be issued for an essential public purpose and the said bonds and the income therefrom shall at all times be exempt from taxation within the State. Section 14. Any bonds or revenue bonds issued by the Authority under the provisions of this Act are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, 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 whomsoever who are now or may hereafter be authorized to invest in bonds or other

Page 3878

obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds or revenue bonds of the Authority are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 15. The purpose of the Authority is the redevelopment of the Downtown Marietta District, which includes but is not limited to renovation and rehabiliation of existing buildings, structures and improvements and acquisition and construction of new buildings, structures and improvements located in the Downtown Marietta District, all for any commercial, business, office, public or other use determined by a majority of the members of the Authority to further the redevelopment of the Downtown Marietta District. The purpose of the Authority is hereby declared to be an essential and public purpose, promoting the public good and welfare and benefitting the citizens of the Downtown Marietta District and the City of Marietta. This Act shall be liberally construed to effect its purpose. Section 16. This Act shall apply to all outstanding or authorized and unissued bonds, notes and other obligations, as well as all future bonds, notes and other obligations. Any and all bonds, notes or other obligations of the Authority issued or validated prior to the effective date hereof are hereby ratified and approved. Section 17. It is hereby declared that all property of the Authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible and of any kind or nature and any income or revenue therefrom, is held for an essential public purpose, and all such property is deemed to be public property and tax exempt. Section 18. 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 3879

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 19. All laws and parts of laws in conflict with this Act are hereby repealed. SECTION H . 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 I . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. SECTION J . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act creating the Downtown Marietta Development Authority approved April 10, 1971 (Ga. Laws 1971, Page 3459) as heretofore amended, and for other purposes. This 13th day of December, 1979. Joe Mack Wilson Representative

Page 3880

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 21, 1979, December 28, 1979, January 4, 1980. /s/ Joe Mack Wilson Representative, 19th District Sworn to and subscribed before me, this 1st day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CITY OF RINGGOLD CHARTER AMENDED. No. 1169 (House Bill No. 1645). AN ACT To amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, P. 1503), as amended, particularly

Page 3881

an Act approved December 22, 1953 (Ga. L. 1953, November-December Sess. P. 2901), and an Act approved April 17, 1973 (Ga. L. 1973, P. 3276), and an Act approved March 19, 1974 (Ga. L. 1974, P. 2200), so as to change the corporate limits of the City of Ringgold; to change the provisions relating to the compensation of the Mayor and Aldermen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Ringgold approved March 15, 1943 (Ga. L. 1943, P. 1503) as amended, particularly an Act approved December 22, 1953 (Ga. L. 1953, November-December Sess. P. 2901), and an Act approved April 17, 1973, (Ga. L. 1973, P. 3276), and an Act approved March 19, 1974, (Ga. L. 1974, P. 2200), is amended by adding after Section 2C a new Section, to be designated Section 2D to read as follows: Section 2D. The corporate limits of the City of Ringgold, in addition to the territory designated in Section 2 (Section 2A, Section 2B and Section 2C) shall also include the property as described below: TRACT #1: All that tract or parcel of land lying and being in Original Land Lot No. 192, in the 28th District and 3rd Section of Catoosa County, Georgia, being more particularly described as follows: BEGINNING at the Southernmost point of the present city limits and on the East line of U.S. Highway No. 41 and running South along the East line of Highway No. 41 to a point where the same is intersected by the South line of Clearview Drive (County Road No. 234) being all of the property owned by Joe B. Tucker, Lottie P. Nuckolls, Jarrett C. Pharr and Vernon Vaughn which lies between U.S. Highway No. 41 and the crest of White Oak Mountain; thence running North and being all of the property located East and West of Clearview Drive that is located in Clearview Heights Subdivision, and being lots nos. 15 through 20 and also an unnumbered lot owned by Mr. William Smith and wife, Gaye Smith, and also including all of the property located in McNew, Hicks and Green Subdivision and being all of lots 1 through 20 of said subdivision. (Reference Catoosa County Maps, 30, 30-1 and R-30C).

Page 3882

TRACT #2: All that tract or parcel of land lying and being in Original Land Lot No. 193 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at the Northwest corner of said Land Lot 193; thence North 88 degrees 40 minutes East, with and along the North original line of said land lot, a distance of 2080 feet to a point, said point being in the West line of that tract described in Warranty Deed from Lester Brown to J. T. Headrick and wife, Edith Headrick, dated April, 1977, and recorded in Deed Book 239, Page 203, in the office of the Clerk of the Superior Court of Catoosa County, Georgia; thence with and along the West line of the last mentioned Headrick tract, the following courses and distances: South 51 degrees 32 minutes East, 260 feet; South 39 degrees 51 minutes East, 49.6 feet; thence South 24 degrees 16 minutes East, 49.85 feet; South 15 degrees 35 minutes East, 50 feet; thence South 3 degrees 59 minutes East, 49.8 feet; South 6 degrees 27 minutes West, 49.85 feet; South 12 degrees 43 minutes West, 49.9 feet to the Northwest corner of that tract described in Warranty Deed from Lester Brown to Claude Byers and wife, Carolyn Jo Byers, dated April 13, 1977, and recorded in Deed Book 239, page 102, in the office of the Clerk of the Superior Court of Catoosa County, Georgia; thence South 17 degrees 33 minutes West, with and along the West line of the Byers tract, a distance of 110.65 feet to the Southwest corner thereof; thence South 16 degrees 04 minutes West, a distance of 137 feet to a point; thence South 24 degrees West, 119.2 feet to a point on the North right of way line of U.S. Highway No. 41; thence North 54 degrees 34 minutes West, with and along said North right of way line, a distance of 50 feet to a point, said point being the Southeast corner of that tract described in Warranty Deed from Lester Brown to David Richard Bryson and wife, Judy Darlene Bryson, dated May 28, 1976, and recorded in Deed Book 232, Page 90, in the office of the Clerk of the Superior Court of Catoosa County, Georgia; thence North 24 degrees East, 105 feet to the Northeast corner thereof; thence with and along the North line of said Bryson tract, the following courses and distances: North 53 degrees 53 minutes West, 119.3 feet; thence North 60 degrees 05 minutes West 110.3 feet; thence North 67 degrees 21 minutes West, 100 feet; North 73 degrees 33 minutes West, 90.4 feet to the Northwest corner thereof; thence South 24 degrees West, with and along the West line of said tract, a distance of 105 feet to a point in the North right of way line

Page 3883

of U.S. Highway No. 41; thence in a Westwardly direction, with and along said North right of way line, a distance of 378.82 feet, more or less, to a point in the West Original line of said land lot; thence North 1 degree 20 minutes West, with and along the West original line of said land lot, a distance of 1418 feet, more or less, to the point of Beginning. TRACT #3: All that tract or parcel of land lying and being in Original Land Lot No. 189 and 172 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as beginning at a point on the Northeast corner of Georgia Highway #2 and Georgia Highway #151; thence in an Easterly direction along the North side of Georgia Highway #2 for a distance of 528.3 feet to a point; thence continuing in a Northerly direction 922.6 feet to the center of Chickamauga Creek; thence continuing along the center of Chickamauga Creek 370 feet, more or less, to a point that intersects with Georgia Highway #151; thence continuing Southwardly in a direction along Georgia Highway #151, 750 feet, more or less, to the Point of Beginning. TRACT #4 All that tract or parcel of land lying and being in Original Land Lot No. 189 in the 28th District and 3rd Section of Catoosa County, Georgia and being 14.78 acres, more or less, and being bound on the West by State Route No. 151; on the North by State Route No. 2; on the East by Anderson Cemetery; and on the South by Interstate Highway No. 75. TRACT #5: All that tract or parcel of land lying and being in Land Lots 172 and 189 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as BEGINNING at a point on the North line of Georgia Highway #2, which point is located 825 feet West of the Point of intersection of the North line of Georgia Highway 2 and the West line of Georgia Highway 151 and measured along the North line of Georgia Highway 2; thence in an Easterly direction along the North line of Georgia Highway 2 a distance of 825 feet to the Point of intersection of the North line of

Page 3884

Georgia Highway 2 and the West line of Georgia Highway 151; thence North 24 degrees East along the West line of Georgia Highway 151 a distance of 305 feet; thence continuing along the West line of Georgia Highway 151 North 11 degrees East a distance of 400 feet to the point where the West line of Georgia Highway 151 intersects the center line of Chickamauga Creek; thence in a Westerly direction along the center of Chickamauga Creek a distance of 780 feet; thence in a Southerly direction a distance of 490 feet, more or less, to the Point of Beginning. TRACT #6: All that tract or parcel of land lying and being in Original Land Lots Nos. 172, 173, 188 and 189 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at a point in the West right of way line of Georgia Highway No. 151 where the same is intersected by the South right of way line of Georgia Highway No. 2; thence South 31 degrees 30 minutes West, with and along the West right of way line of Georgia Highway No. 151 a distance of 852 feet to a point; thence South 76 degrees 48 minutes West a distance of 257.6 feet to a point; thence with and along a fence marking the North right of way line of Interstate Highway No. 75; the following courses and distances: North 85 degrees 15 minutes West, 828 feet; North 75 degrees 30 minutes West, 2,816 feet to a point in the East right of way line of Pollard Road; thence in a Northwardly direction, with and along the East right of way line of Pollard Road, a distance of 220.5 feet to a point in the South line of the property now or formerly owned by Mrs. Jesse C. Patty, said point being in the North Original line of Land Lot 188; thence North 89 degrees 0 minutes East, with and along said North original line and the South property line of the aforesaid Patty tract, a distance of 1,775 feet to a point marking the Southwest corner of the Ringgold Funeral Home property; thence in an Eastwardly direction, with and along the South line of the Ringgold Funeral Home property and the South line of property owned by Sarah Sue Stewart, a distance of 600 feet to a point, thence in a Northwardly direction, with and along the East line of the property of Sarah Sue Stewart, a distance of 329 feet, more or less, to a point in the South right of way line of Georgia Highway No. 2; thence in an Eastwardly direction, with and along the South right of way line of Georgia Highway No. 2, a distance of 1,601 feet, more or less, to the Point of Beginning.

Page 3885

TRACT #7: All that tract or parcel of land lying and being in Original Land Lots Nos. 171, 172, 189 and 190, in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at a point on the South line of State Route No. 2 at the Northeast corner of a 14.7 acre tract of land owned by Richard Callaway, et al, the same being recently annexed into the City of Ringgold and running along the South line of said road in a Northeasterly direction to a point where said road intersects the South line of Chickamauga Creek; thence running in a Southeasterly direction along Chickamauga Creek to where South Chickamauga Creek intersects and following South Chickamauga Creek to the North line of Interstate Hwy. 75; thence West along the Interstate Hwy. 75 to a point where the Southeast corner of the 14.7 acre tract intersects said highway; thence North along the East line of said tract to the Point of Beginning. TRACT #8: All that tract or parcel of land lying and being in Original Land Lots Nos. 171, 172, 189 and 190, in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at a point on the North or West line of State Rt. No. 2, where the same is intersected by the South line of Chickamauga Creek and running thence West along the South line of Chickamauga Creek to the East line of the Trimby property which was annexed into the City of Ringgold on 9th day of April, 1979; thence South along the recently annexed property to the North line of State Route No. 2; thence in a Northeasterly direction along the North line of said road to the Point of Beginning. Section 2. Said Act is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new section to read as follows: Section 19. Salaries of the Mayor and Aldermen. Be it further enacted that the Mayor shall receive a salary not in excess of One

Page 3886

Hundred and Fifty Dollars ($150.00) per month. The Mayor Pro Tem, One Hundred Dollars ($100.00) per month and each of the Aldermen of said city may be paid compensation not in excess of Seventy Five Dollars ($75.00) per month for their services; provided, the salaries of the Mayor and Aldermen may be fixed and regulated by the Board of Aldermen at the beginning of each calendar year. Section 3 . All laws and parts of laws in conflict with the Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill so as to change or amend the Charter and Corporate Limits of the City of Ringgold. To change compensation of the mayor and aldermen and for other purposes. This the 31st day of December, 1979. Robert G. Peters State Representative, Catoosa County Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 4 times,

Page 3887

on the issues dated, to-wit: January 10, 1980, January 17, 1980, January 24, 1980, January 31, 1980. /s/ Jim Caldwell Sworn to and subscribed before me, this the 28th day of January, 1980. /s/ Juanita Caldwell Notary, Public Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 25, 1980. CLAYTON COUNTY COMPENSATION OF NAMED COUNTY OFFICERS, ETC. No. 1170 (House Bill No. 1657). 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 27, 1972 (Ga. Laws 1972, p. 2577), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3654), so as to change the compensation of said officers; to change the provisions relative to the compensation of the deputy clerk of the Superior Court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3888

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 27, 1972 (Ga. Laws 1972, p. 2577), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3654), is hereby amended by striking from Section 1 the following: $23,375.00, and inserting in lieu thereof the following: 25,715.00, so that when so amended Section 1 shall read as follows Section 1. The salaries for the officers herein named shall be their full and complete salary, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $25,715.00 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 . Said Act is further amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows: Section 1A. (a) There is hereby created an office in Clayton County to be known as Deputy Clerk of the Superior Court, and the Clerk of the Superior Court of Clayton 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

Page 3889

direction of the Clerk of the Superior Court of Clayton 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 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 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 $17,500.00 per annum, payable in equal monthly installments out of the funds of Clayton 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 1980 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 25, 1949 (Ga. Laws 1949, p. 1910, as amended; and for other purposes. This 15th day of January, 1980. Rudolph Johnson Representative, 72nd District

Page 3890

Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980. /s/ Jim Wood Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Pat DesRochers Notary Public, Georgia, State at Large. My Commission Expires July 5, 1982. (Seal). Approved March 25, 1980. STATE COURT OF CLAYTON COUNTYCOMPENSATION OF JUDGES AND SOLICITOR, ETC. No. 1171 (House Bill No. 1658). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended, particularly by cn Act approved April 11, 1979 (Ga. Laws 1979, p. 3838), so as to change the provisions relating to the compensation of the judges of said court; to change the provisions relative to the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3891

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 April 11, 1979 (Ga. Laws 1979, p. 3838), is hereby amended by striking from Section 3 the following: $31,800.00, and inserting in lieu thereof the following: $34,980.00, so that when so amended Section 3 shall read as follows: Section 3. Judges' Salaries. Each Judge of the State Court of Clayton County shall receive a salary of $34,980.00 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 from Section 6 the words, symbols and figure thirteen thousand two hundred fifty dollars ($13,250.00) and inserting in lieu thereof the following: $15,000.00, 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 $15,000.00 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.

Page 3892

Section 3. Said Act is further amended by striking Section 10, which reads as follows: Section 10. Terms of Court. The terms of the Civil and Criminal Court of Clayton County shall be held on the second Monday of each and every month in the year and regular jury trials for civil and criminal cases shall be held on the second Monday in January, April, July and October of each year, except that the judge of said court shall have the power to provide for additional trials by juries in any month that he deems necessary, and shall have the same power as to holding adjourned and special terms of his court as the judge of the superior court has., and inserting in lieu thereof a new section to read as follows: Section 10. Terms of Court. The terms of the State Court of Clayton County shall be held on the same dates now or hereafter provided for holding the terms of the Superior Court of Clayton County. The judge shall have the power to provide for additional trials by juries in any month that he deems necessary and shall have the same power as to holding adjourned and special terms of his court as the judge of the superior court has. 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 1980 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.

Page 3893

This 15th day of January, 1980. Rudolph Johnson Representative, 72nd District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980. /s/ Jim Wood Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Pat DesRochers Notary Public, Georgia, State at Large. My Commission Expires July 5, 1982. (Seal). Approved March 25, 1980.

Page 3894

STATE COURT OF COBB COUNTY MAGISTRATE PRO HAC VICE. No. 1172 (House Bill No. 1678). AN ACT To amend an Act creating an office of magistrate for the State Court of Cobb County, approved March 19, 1974 (Ga. Laws 1974, p. 2212), as amended by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4096) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4506), so as to authorize the appointment of a magistrate pro hac vice; 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 an office of magistrate for the State Court of Cobb County, approved March 19, 1974 (Ga. Laws 1974, p. 2212), as amended by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4096) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4506), is hereby amended by adding a new section after Section 6, to be designated Section 6A, to read as follows: Section 6A. Magistrate pro hac vice. The magistrates may appoint some qualified person as a magistrate pro hac vice to discharge the duties of the magistrates temporarily when the services of a magistrate pro hac vice are required or when the magistrates are unable or disqualified to discharge the duties of their office. In the event the magistrates disagree as to the selection of a magistrate pro hac vice or any other matter respecting the magistrate pro hac vice, the magistrate senior in service shall make the decision unless he is the one unable or disqualified, in which case the remaining magistrate shall make the selection. When the appointment of such a person as magistrate pro hac vice, together with his oath, which shall be the same as is required of the magistrate, has been recorded in the office of the judge of the probate court of the county, such magistrate pro hac vice may exercise all the powers of the magistrate. His appointment may be vacated at any time by order of the magistrates to be likewise recorded, and any other competent person who is a resident of Cobb County may be appointed as magistrate pro hac vice as herein provided. The compensation of such magistrate

Page 3895

pro hac vice shall be set by the magistrates and shall 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 1980 session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211) and for other purposes. This 4 day of Jan. 1980. 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

Page 3896

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 4, 11, 18, 1980. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 8th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CITY OF COVINGTON CHARTER AMENDED. No. 1173 (House Bill No. 1688). 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, so as to authorize the city to purchase, construct, operate, and maintain a cable television system within the city limits, in unincorporated areas of Newton County with the agreement of the county, and in other municipalities within the county with the agreement of the municipalities; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3897

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, is hereby amended by adding following Section 16 a new Section 16A to read as follows: Section 16A. Owning, maintaining, and operating cable television system. The city is hereby authorized to purchase, construct, operate, and maintain a system for reception, transmission, and distribution of television impulses and television energy (including audio signals and video images by means of electrical impulses) within the city limits as it now exists or shall hereafter exist and throughout the current unincorporated areas of Newton County and in the other municipalities located in Newton County but subject, however, to the conditions hereinafter specified; and in connection therewith, the city is authorized to acquire by contract or purchase all equipment, towers, receivers, lines, related apparatus, all rights-of-way, easements, and other property necessary to carry out these purposes including the hiring of engineering services and other consulting services incidental thereto and including the right to use all existing city rights-of-way easements and other property. The city is further authorized and empowered to furnish and supply the distribution of television impulses and television energy as aforesaid to any person, firm, or corporation at the point of reception thereof by the city or at any point where the city may hereafter have means of distribution thereof. The city is further authorized and empowered to fix reasonable rules and regulations under which the same may be furnished and distributed and likewise to fix the terms upon which the same are to be furnished and the manner of payment therefor; and the charges to be paid therefor will be the rate of charges to be established from time to time by resolution of the mayor and council of the city of Covington. Anything contained herein to the contrary notwithstanding, as a condition precedent to the city's construction and operation of what is commonly called a cable television system in accordance with the foregoing provisions in the unincorporated areas of Newton County or within any other municipality located in Newton County, the city must have previously entered into a franchise agreement with the governing body of Newton County, Georgia (for the unincorporated areas of Newton County) and with the governing bodies of the respective municipalities in which such services are sought to be provided by the city of

Page 3898

Covington. Nothing contained herein shall prohibit the city of Covington from granting franchises in accordance with Charter Section 9(n) for the private operation of such a system of reception, transmission, and distribution of television impulses and television energy aforesaid within the corporate limits of the 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating and granting a new charter to the City of Covington (Ga. Laws 1962, p. 2003), as amended, to authorize the city to purchase, construct, operate, and maintain a cable television system within the city limits, in unincorporated areas of Newton County with the agreement of the county, and in other municipalities within the county with the agreement of the municipalities; and for other purposes. This the 21st day of January, 1980. 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,

Page 3899

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 24, 31, 1980, February 7, 1980. /s/ Philip A. Johnson Representative, 74th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. STATE COURT OF BIBB COUNTY ACTS CREATING COURT AMENDED. No. 1174 (House Bill No. 1706). AN ACT To amend an Act creating the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. Laws 1884-85, p. 470), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2516), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 2782), and the several Acts amendatory thereof, so as to change the compensation of persons acting as judge pro tem.; to provide that the affidavits

Page 3900

on which accusations are found shall be made before the judge or the clerk or the deputy clerk; to provide for payment of fines imposed for traffic and game and fish violations by mail; to provide 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 Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. Laws 1884-85, p. 470), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2516), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 2782), and the several Acts amendatory thereof, is hereby amended by striking from Section 2, as the same appears at Ga. Laws 1953, Nov.-Dec. Sess., pp. 2517 and 2518, the following: twenty dollars ($20.00), and inserting in lieu thereof the following: $100.00, so that when so amended said section shall read as follows: Section 2. That whenever the judge of said city court is unable, from any cause, to discharge the duties of his office, or from any cause is disqualified or prevented from presiding; or whenever, in the opinion of said judge, the business of said court is congested, the said judge shall have the power to designate a judge of a superior court or a judge of a city court to preside in said City Court of Macon; and the said judge of the said City Court of Macon shall have the power and authority to appoint some competent attorney at law resident of Bibb County, as judge pro tem. of said court, to preside in said court in his stead, in the trial of both civil and criminal cases, and the attorney so appointed as judge pro tem., when the appointment is entered upon the minutes of said court, shall exercise all the functions of the judge thereof. The compensation of said attorney for actual services as judge pro tem. and/or the presiding judge of the superior or city court shall be $100.00 per diem, to be paid as the other officers of said court are paid. The County Board of Commissioners for the County of Bibb are authorized in their discretion, to pay in addition to the per diem compensation set forth

Page 3901

above, and similarly from the funds of Bibb County, the actual expense of persons, non-resident of Bibb County, which expenses are incurred by such persons in serving as such judge pro tem. Section 2. Said Act is further amended by striking from Section XXX, as the same appears at Ga. Laws 1884-85, pp. 475 and 476, the following: the defendants in criminal cases in said City Court of Macon may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said Judge and said accusation shall be signed by the prosecutor and prosecuting officer in said court., and inserting in lieu thereof the following: the defendants in criminal cases in the State Court of Bibb County may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor. Said affidavit shall be made before the Judge, Clerk, or Deputy Clerk, and said accusation shall be signed by the prosecutor and prosecuting officer. Section 3. Said Act is further amended by adding at the end of that paragraph (a) added to Section XXX by an Act approved March 10, 1964, p. 2782, the following: The judge may also promulgate rules and regulations which provide for payment by mail of fines imposed for traffic violations, game and fish violations, or both., so that when so amended said paragraph shall read as follows: (a) The judge of the State Court of Bibb County is hereby authorized and empowered to promulgate rules and regulations allowing a defendant charged with a traffic violation within the jurisdiction of the State Court of Bibb County to appear and dispose of said case under such rules and regulations so promulgated. The judge may also promulgate rules and regulations which provide for payment by mail of fines imposed for traffic violations, game and fish violations, or both.

Page 3902

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 1980 session of the General Assembly of Georgia, a bill to amend the Act or Acts relative to the State of Georgia, a bill to amend the Act or Acts relative to the State Court of Bibb County; and for other purposes. J. Taylor Phillips, Judge State Court of Bibb County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burl Davis who, on oath, deposes and says that he/she is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News which is the official organ of Bibb County, on the following dates: January 18, 25, 1980, February 1, 1980. /s/ Burl Davis Representative, 99th District

Page 3903

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. WALKER COUNTY CLERK OF SUPERIOR COURT. No. 1176 (House Bill No. 1712). AN ACT To amend an Act placing the Clerk of 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 April 11, 1979 (Ga. Laws 1979, p. 3966), so as to change the maximum amount of compensation of personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of 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 April 11, 1979 (Ga. Laws 1979, p. 3966), is hereby amended by striking from subsection (a) of Section 4 the figure $37,500 and inserting in its place the figure $45,000.00, so that when so amended said subsection shall read as follows:

Page 3904

(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 $45,000.00 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 of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia, a bill to increase the amount provided for clerical assistance in the office of the Clerk of the Superior Court of Walker County, Georgia. This 7th day of January, 1980. Wayne Snow Representative, 1st District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District,

Page 3905

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 16, 23, 30, 1980. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY ACT AMENDED. No. 1177 (House Bill No. 1718). AN ACT To authorize the Pulaski County-Hawkinsville Development Authority to exercise certain powers; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the constitutional authority for the creation of the Pulaski County-Hawkinsville Development Authority further provides that the General Assembly may by law further define and

Page 3906

prescribe the powers and duties of the authority and the exercise thereof and may enlarge and restrict the same. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The powers of the Pulaski County-Hawkinsville Development Authority shall include the power to acquire by purchase or gift any building or structure within Pulaski County or the City of Hawkinsville suitable and intended for development and expansion of commercial facilities. 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 Intent to Introduce Legislation. There will be introduced in the regular 1980 Session of the Georgia General Assembly legislation to amend the powers of the Pulaski County-Hawkinsville Development Authority to include the power to acquire by purchase or gift any building or structure within Pulaski County or the City of Hawkinsville suitable and intended for development and expansion of commercial facilities; to repeal conflicting laws; and for other purposes. Ben Jessup Representative, 117th District State of Georgia, Personally appeared before me, the undersigned officer, duly authorized to administer oath in said State and County, Charlie

Page 3907

Southerland, who, having been duly sworn, deposes and says on oath that he is publisher of Hawkinsville Dispatch and News, that, as such, he is authorized to make this Affidavit, and that the attached notice was published in the Hawkinsville Dispatch and News, a local newspaper of general circulation in Pulaski County, Georgia on January 16, January 23, and January 30, 1980. This 5th day of February, 1980. /s/ Charlie Southerland Sworn to and subscribed before me, this 9th day of February, 1980. /s/ Ben F. Jessup, Jr. Notary Public, Georgia State at Large. My Commission Expires March 30, 1980. (Seal). Approved March 25, 1980. OGLETHORPE COUNTY BOARD OF EDUCATION ELIGIBILITY OF MEMBERS, ETC. No. 1179 (House Bill No. 1762). AN ACT To amend an Act providing for the election of members of the Oglethorpe County Board of Education, approved March 31, 1967 (Ga. Laws 1967, p. 2370), so as to change the eligibility requirements

Page 3908

of said members; to change the terms of office of said members; to change the method of compensation of said members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the election of members of the Oglethorpe County Board of Education, approved March 31, 1967 (Ga. Laws 1967, p. 2370), is hereby amended by striking from Section 3 of said Act the following: ,a freeholder,, so that when so amended Section 3 shall read as follows: Section 3. No person shall be eligible to represent an education district unless he is at least twenty-one years of age and has been resident of the county at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the Board shall immediately become vacant. Section 2. Said Act is further amended by striking Section 4 in its entirety, which reads as follows: Section 4. At the general election conducted in 1968 there shall be elected the first members of the board of education of Oglethorpe County. Persons elected at said election shall take office on the first day of January following their election and shall serve for terms of office of four years each and until their successors are duly elected and qualified. Successors who are elected to the initial members of the Oglethorpe County Board of Education, as provided for herein, shall be elected at the general election each four years thereafter, and they shall take office on the first day of January following their election and shall serve for terms of office of four years each and until their successors are duly elected and qualified., and inserting in lieu thereof a new Section 4 to read as follows:

Page 3909

Section 4. The members of the Oglethorpe County Board of Education who are serving on said board as of the effective date of this Act shall continue to serve out their regular terms of office. At the general election in 1980, the members of the Oglethorpe County Board of Education representing Districts 3 and 5 shall be elected for terms of two years to expire December 31, 1982. At the general election in 1980, the members of said board representing Districts 1, 2, and 4 shall be elected for terms of four years to expire on December 31, 1984. Successors who are elected to the members of the Oglethorpe County Board of Education, as provided for herein, shall be elected at the general election each four years thereafter, and they shall take office on the first day of January following their election and shall serve for terms of office of four years each and until their successors are duly elected and qualified. Section 3. Said Act is further amended by striking from Section 5 the following: All members of the board shall be compensated in the amount of $20.00 for each meeting actually attended, plus the necessary expenses incurred in carrying out their official duties., and inserting in lieu thereof the following: All members of the board shall be compensated in an amount within the limits established by Section 32-904 of the Georgia Code, as amended., so that when so amended Section 5 shall read as follows: Section 5. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the board shall conduct a quorum for the transaction of any business which may come before the Board. All members of the board shall be compensated in an amount within the limits established by Section 32-904 of the Georgia Code, as amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3910

Notice of Intention to Introduce Local Legislation. This is to serve notice of the intent to have introduced local legislation in the 1980 session of the General Assembly of Georgia altering the terms of election of members of the Board of Education of Oglethorpe County and for other purposes to bring the original act in line with existing laws and court decisions. January 21, 1980 Julia A. Fleming As owner and publisher of the Oglethorpe Echo, I hereby certify the enclosed legal advertisement was published in the Echo on the weeks of January 24, January 31 and February 7, 1980. /s/ Ralph Maxwell, Owner Publisher Sworn to and subscribed before me, this 7th of February, 1980. /s/ Barbara W. Compton Notary Public. My Commission Expires March 28, 1980. (Seal). Approved March 25, 1980.

Page 3911

CITY OF RICHMOND HILL ELECTIONS, ETC. No. 1180 (House Bill No. 1775). AN ACT To amend an Act creating and incorporating the City of Richmond Hill, Bryan County, and granting a charter to said city, approved March 3, 1962 (Ga. Laws 1962, p. 2505), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3288), so as to change the terms of office for the mayor and all city councilmen; to provide for the election of city councilmen on a staggered basis and to provide for the election of councilmen to a particular post; to repeal certain portions of the present city charter in regard to the election of mayor and city councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and incorporating the City of Richmond Hill, Bryan County, and granting a charter to said city, approved March 3, 1962 (Ga. Laws 1962, p. 2505), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3288), 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. (a) There is hereby created four city council posts numbered Post No. 1, Post No. 2, Post No. 3, and Post No. 4. On the first Tuesday in December, 1980, there shall be elected a mayor and four councilmen for said city by the qualified registered voters therein. Successful candidates for the office of mayor and for Post No. 1 and Post No. 2 shall serve for a term of four years from January 2 of the year following such election or until their successors are elected and qualified, each such official to be elected by a plurality of the consolidated vote cast in such election for each post. The successful candidates for Post No. 3 and Post No. 4 shall be elected to serve for a period of two years from January 2 of the year following such election or until their successors are elected and qualified, each such official to be elected by a plurality of the consolidated vote cast in such election for each post.

Page 3912

(b) On the first Tuesday in December of 1982, there shall be elected two councilmen for said city by the qualified registered voters therein, to fill the positions of Post No. 3 and Post No. 4 with the successful candidates thereof to serve for a period of four years from January 2 of the year following such election or until their successors are elected and qualified, with each such official to be elected by a plurality of the consolidated vote cast in such election for each post. (c) Thereafter, elections shall be continued to be held biennially with the mayor's post and Post No. 1 and Post No. 2 of the council to be filled for a four-year term at each alternate election and Post No. 3 and Post No. 4 to be filled for a four-year term at each of the remaining elections. All such officials shall be elected by a plurality of the consolidated vote cast in such election for each post. (d) The persons so elected as herein provided as mayor and councilmen of said city shall on or before the day of assuming office qualify by taking and subscribing before some officer authorized by law to administer oaths, the following oath: `I (a.b.) do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Richmond Hill and the common interest thereof. So help me God.' Such oath shall be filed with the city clerk who shall spread the same upon the minutes of the meeting of the council of Richmond Hill next following such filing, unless such oath is filed during a regular meeting of said council in which latter case such oath shall be spread upon the minutes of the meeting then in session. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3913

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1980 session of the General Assembly of Georgia a bill to amend the Charter of the City of Richmond Hill, in Bryan County, Georgia; specifically for the purpose of providing four year terms for the Mayor and members of the City Council, to provide for the members of the City Council running for specific posts to the Council, and to provide for staggered elections in order to provide continuity in the City Government, and for other purposes. This 21st day of January, 1980. Glenn Bryant Senator Bryan County, Georgia A. D. Clifton Representative Bryan County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County, on the following dates: January 24, 31, February 7, 1980. /s/ A. D. Clifton Representative, 107th District

Page 3914

Sworn to and subscribed before me, this 13th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CITY OF PELHAM ELECTIONS, ETC., REFERENDUM. No. 1182 (House Bill No. 1777). AN ACT To amend an Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), so as to change the time of election of certain members of the city council; to provide for continuity in office; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), is hereby amended by striking in its entirety Section 5.10 thereof and substituting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. Mayor and Council Election. (a) On the second Tuesday in January in each year an election shall be held. At the election held in 1981, a mayor and a councilman from the city at

Page 3915

large and one councilman each from Wards One, Two, Three, Four, and Five shall be elected. The councilmen from Wards Three, Four, and Five shall be elected for a term of one year and until the election and qualification of their successors. The mayor, the councilman at large, and the councilmen from Wards One and Two shall be elected for terms of two years and until the election and qualification of their successors. Thereafter, the mayor and council shall be elected for terms of two years and until the election and qualification of their successors. (b) The wards of the city shall be established by ordinance. Section 2. The Mayor and Councilmen of the City of Pelham in office on the effective date of this Act shall remain in office until the election and qualification of their successors as provided in this Act. Section 3. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Pelham to issue the call for an election for the purpose of submitting this Act to the electors of the City of Pelham 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 Mitchell County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act changing the year of election of the members of the city council be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Pelham. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3916

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. A BILL TO BE ENTITLED AN ACT To amend an Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), so as to change the time of election of certain members of the city council; to provide for continuity in office; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), is hereby amended by striking in its entirety Section 5.10 thereof and substituting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. Mayor and Council Election. (a) On the second Tuesday in January in each year an election shall be held. At the election held in 1981, a mayor and a councilman from the city at large and one councilman each from Wards One, Two, Three, Four, and Five shall be elected. The councilmen from Wards Three, Four, and Five shall be elected for a term of one year and until the election and qualification of their successors. The mayor, the councilman at large, and the councilmen from Wards One and Two shall be elected for terms of two years and until the election and qualification of their successors. Thereafter, the mayor and council shall be elected for terms of two years and until the election and qualification of their successors. (b) The wards of the city shall be established by ordinance. Section 2. The Mayor and Councilmen of the City of Pelham in office on the effective date of this Act shall remain in

Page 3917

office until the election and qualification of their successors as provided in this Act. Section 3. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Pelham to issue the call for an election for the purpose of submitting this Act to the electors of the City of Pelham 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 Mitchell County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act changing the year of election of the members of the city council be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Pelham. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Mitchell County. Personally appeared before the undersigned office authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the news paper in which the Sheriff's advertisements regularly appear.

Page 3918

Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 18, 25 and February 1, 1980. /s/ B. T. Burson Sworn to and subscribed before me, this 14th day of February 1980. /s/ Sandra Westbrook Notary Public My Commission Expires July 24, 1983. (Seal). Approved March 25, 1980. COLUMBUS, GEORGIA CHARTER AMENDED. No. 1183 (House Bill No. 1781). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that references to certain boards, commissions and authorities be deleted from the Charter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3919

An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971 p. 2007), as amended is hereby amended as follows: Section 1. That Sections 4-611, 4-612, 4-613, 4-625, and 4-626 of the Charter of Columbus, Georgia, be and the same are hereby deleted in their entirety. Section 2. That Section 4-623, subsections (3) and (4) of the Charter of Columbus, Georgia, be and the same are hereby deleted in their entirety. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the organization and continuance of certain boards and commissions be removed from the Charter by eliminating from such removal the Personnel Review Board. Lennie F. Davis City Attorney Columbus, Georgia

Page 3920

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, 1980, for the passage of a Bill to provide for the organization and continuance of certain boards and commissions be removed from the Charter by eliminating from such removal the Personnel Review Board. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr.

Page 3921

Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 25, 1980. COLUMBUS, GEORGIA CHARTER AMENDED. No. 1184 (House Bill No. 1782). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain transitional language contained in the descriptions of the offices of sheriff, ordinary, and tax commissioner in the Charter of Columbus, Georgia be removed from the Charter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Sections 8-100, 8-101, and 8-102 be and the same are hereby deleted from the Charter of Columbus, Georgia in their entirety and in lieu thereof new Sections substituted to read as follows:

Page 3922

Sec. 8-100. Sheriff. The sheriff of the consolidated government shall serve for a term of office and receive compensation as provided by law. Subsequent elections for sheriff shall be upon the same basis as provided by law for sheriffs generally. The sheriff shall perform the same duties and exercise the same powers as are conferred upon sheriffs generally by the Constitution and laws of Georgia. Nothing in this Charter shall be construed so as to affect the eligibility of the sheriff or his deputies for membership in the Peace Officers' Annuity and Benefit Fund. In addition to the powers and duties conferred upon the sheriff by law, the sheriff of the consolidated government shall be authorized to maintain a crime prevention unit independent of any such unit or activity maintained or provided by the department of public safety. Sec. 8-101. Probate Court. The Judge of Probate Court shall be elected for a term of office as provided by law. Compensation of the Judge of Probate Court shall be as fixed by law. The Judge of the Probate Court shall perform the duties and exercise the powers as conferred upon the Judges of Probate Courts generally by the Constitution and laws of Georgia. Sec. 8-102. Tax commissioner. The tax commissioner shall be elected for a term of office and shall receive such compensation as provided by an Act of the General Assembly of Georgia, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended. The tax commissioner shall collect all ad valorem taxes and all intangible taxes and shall perform the same duties and exercise the same powers as are conferred upon county tax receivers and county tax collectors by the laws of Georgia not in conflict with this Charter, and such other or additional duties and powers as may be prescribed by ordinance of the Council. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.

Page 3923

Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the removal of transitional provisions relating to the description of the Probate Judge, Sheriff and Tax Commissioner. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide for the removal of transitional provisions relating to the description of the Probate Judge, Sheriff and Tax Commissioner. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County.

Page 3924

Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 25, 1980. COLUMBUS, GEORGIA CHARTER AMENDED. No. 1185 (House Bill No. 1783). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain transitional provisions concerning allocation of indebtedness be deleted from the Charter of Columbus, Georgia; to repeal conflicting laws; and for other purposes.

Page 3925

Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the Countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 7-204 subsections (5), (6), (7), (8), (9), and (10) be and the same are hereby deleted in their entirety from the Charter of Columbus, Georgia. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide an elimination of transitional language regarding allocation of indebtedness. Lennie F. Davis City Attorney Columbus, Georgia

Page 3926

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, 1980, for the passage of a Bill to provide an elimination of transitional language regarding allocation of indebtedness. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 25, 1980.

Page 3927

COLUMBUS, GEORGIA CHARTER AMENDED. No. 1186 (House Bill No. 1787). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that supervision and direction of civil defense shall be a responsibility of the Director of Public Safety; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 4-322, subsection (3) be renumbered as subsection (4) and in lieu thereof a new subsection (3) shall be substituted to read as follows: (3) Supervise and direct all matters pertaining to civil defense, including civil defense planning, training, coordination, implementation and such other civil defense functions and activities, as required by ordinance. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Page 3928

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, 1980, for the passage of a Bill to provide a consolidation of the duties of the Director of Public Safety with Civil Defense. Lennie F. Davis City Attorney Columbus, Georgia Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made of the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide a consolidation of the duties of the Director of Public Safety with Civil Defense. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published, and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr.

Page 3929

Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 25, 1980. COLUMBUS, GEORGIA CHARTER AMENDED No. 1187 (House Bill No. 1788). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that another agency other than the department of administration may prepare personnel rules and regulations and a classification and pay plan for Columbus, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 8-303 of the Charter of Columbus, Georgia be and the same is hereby amended to insert the words or

Page 3930

other agency designated by ordinance of the Council between the words administration and shall in the first line of said Section so that the first line shall read as follows: The department of administration or other agency designated by ordinance of the Council shall prepare..... . Section 2. That Section 8-304 of the Charter of Columbus, Georgia be and the same is hereby amended to insert the words or other agency designated by ordinance of the Council between the words administration and shall in the first line of subsections (1) and (2) so that the first line of said subsections shall read as follows: The department of administration or other agency designated by ordinance of the Council shall prepare..... . Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the Council may designate who shall have the responsibility to prepare Personnel Rules and Regulations and Classification and Pay Plan systems. Lennie F. Davis City Attorney Columbus, Georgia

Page 3931

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, 1980, for the passage of a Bill to provide that the Council may designate who shall have the responsibility to prepare Personnel Rules and Regulations and Classification and Pay Plan systems. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr.

Page 3932

Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 25, 1980. TOWN OF McINTYRE ELECTIONS, ETC. No. 1188 (House Bill No. 1798). AN ACT To amend an Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. Laws 1971, p. 2370), so as to change the date of the municipal elections; to provide for 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. An Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. Laws 1971, p. 2370), is hereby amended by striking in its entirety the first sentence of the first paragraph of Section 4-15, which reads as follows: An election shall be held on the first Saturday in October, 1971, for the purpose of electing five aldermen., and inserting in lieu thereof the following:

Page 3933

An election shall be held on the second Saturday in December, 1981, and biennially thereafter, for the purpose of electing a mayor and five aldermen., and by striking from the second sentence thereof the following: on the first Saturday in October, and inserting in lieu thereof the following: on the second Saturday in December, and by striking in its entirety the last sentence thereof, which reads as follows: The mayor and aldermen first elected shall take office on January 1, 1972., and inserting in lieu thereof the following: The mayor and aldermen shall take office on the first day of January immediately following their election and shall serve for terms of two years and until their successors are elected and qualified., so that when so amended said first paragraph of Section 4-15 shall read as follows: An election shall be held on the second Saturday in December, 1981, and biennially thereafter, for the purpose of electing a mayor and five aldermen. Every person desiring to become a candidate for either the office of mayor or for the office of aldermen of the said Town of McIntyre shall file or cause to be filed with the clerk of the Town of McIntyre, not later than 20 days before the general election, which election shall be held on the second Saturday in December, biennially, a statement of his or her candidacy, reciting that he is offering for mayor or as alderman. The candidate shall further file with the clerk of the Town of McIntyre a certificate sworn to, by him, that he is qualified to fill the office to which he seeks election. All candidates for the office of mayor or for the office of alderman shall be elected by the voters of the town at large, and a candidate for mayor must attain a majority of the votes cast in

Page 3934

any election to be elected. In instances where no candidate receives a majority of the votes cast, a runoff election shall be held, between the two candidates receiving the highest number of votes, on the fourteenth day after the day of holding the first election. The candidate receiving a majority of the votes cast in such runoff election shall be declared the winner. The five candidates for the office of aldermen receiving the highest number of votes shall be elected as aldermen. The mayor and aldermen shall take office on the first day of January immediately following their election and shall serve for terms of two years and until their successors are elected and qualified. 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 at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. Laws 1871, p. 2370), as amended; and for other purposes. This 14th day of January, 1980. Wilbur E. Baugh Representative, 108th District Culver Kidd Senator, 25th District Georgia, Fulton County.

Page 3935

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur E. Baugh who, on oath, deposes and says that he/she is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 17, 24, 31, 1980. /s/ Wilbur E. Baugh Representative, 108th District Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS. No. 1190 (House Bill No. 1803). AN ACT To amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. Laws 1956, p. 3499), as amended by an Act approved February 8, 1966 (Ga. Laws 1966, p. 2003), an Act approved March 17, 1967 (Ga. Laws 1967,

Page 3936

p. 2251), an Act approved March 13, 1968 (Ga. Laws 1968, p. 2281), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3726), so as to change the compensation of the members of said board; to extend the boundary of the original Catoosa Water and Sewer District to include all of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. Laws 1956, p. 3499), as amended by an Act approved February 8, 1966 (Ga. Laws 1966, p. 2003), an Act approved March 17, 1967 (Ga. Laws 1967, p. 2251), an Act approved March 13, 1968 (Ga. Laws 1968, p. 2281), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3726), is hereby amended by striking from Section 2 of said Act the unnumbered paragraph which reads as follows: The members of the board shall serve with compensation of $25.00 per meeting, not to exceed two meetings each month, provided that the board may meet a greater number than two times in any one month without compensation. The members of the board shall serve at the pleasure of the governing authority of Catoosa County, Georgia, and any member may be removed from said board before the expiration of his term, with or without cause, by the governing authority of Catoosa County, Georgia., and inserting in lieu thereof a new unnumbered paragraph to read as follows: The members of the board shall receive as compensation the amount of $100.00 for the first meeting of every month and $50.00 for the second meeting of every month; provided, however, that the board may meet a greater number than two times in any one month but shall not receive additional compensation for those extra meetings. The members of the board shall serve at the pleasure of the governing authority of Catoosa County and any member may be removed from said board before the expiration of his term, with or without cause, by the governing authority of Catoosa County. Section 2. Said Act is further amended by striking from Section 2 the unnumbered paragraph which reads as follows:

Page 3937

The board shall have the power to sue and to be sued, to construct, to reconstruct, to improve, to better and extend the water system, wholly within or wholly without the boundaries of Catoosa County, or partially within and partially without said boundaries; to acquire by gift, purchase, devise, lease or the exercise of eminent domain, lands, easements, rights in land and water rights; to hold and dispose of real and personal property necessary or desirable in connection with its operation of the water facilities, and make and enter into such contracts and agreements as may be appropriate to the exercise of its power., and inserting in lieu thereof a new unnumbered paragraph to read as follows: The board shall have the power to sue and to be sued, to construct, to reconstruct, to improve, to better and extend the water system, wholly within or wholly without the boundaries of Catoosa County, or partially within and partially without said boundaries; to acquire by gift, purchase, devise, lease or the exercise of eminent domain, lands, easements, rights in land and water rights; to hold and dispose of real and personal property necessary or desirable in connection with its operation of the water facilities, and make and enter into such contracts and agreements as may be appropriate to the exercise of its power. The powers and duties of the board of utilities commissioners of Catoosa County shall extend the boundaries of Catoosa County as fully and in the same manner as the powers and duties heretofore vested in said board over the Catoosa County Water and Sewer District, as the same was defined by resolutions adopted by the Commissioner of Roads and Revenue on March 25, 1946, and on April 21, 1946. 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 3938

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1980 Regular Session of the General Assembly of Georgia an Act to amend an Act entitled An Act Creating a Board of Utilities Commissioners of Catoosa County, Georgia, Approved March 17, 1956, and all acts amendatory thereto, to provide for additional compensation for members of the Board of Utilities Commissioners; to extend the boundary of the Catoosa County Water and Sewer District; and for other purposes. This 4th day of January, 1980. /s/ Robert G. Peters Representative Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Jim Caldwell Sworn to and subscribed before me, this the 28th day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal).

Page 3939

WALKER COUNTY COMPENSATION OF PROBATE COURT PERSONNEL. No. 1191 (House Bill No. 1805). AN ACT To amend an Act placing the probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. Laws 1964, p. 2014), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2766), so as to change the maximum amount of compensation of 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 probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. Laws 1964, p. 2014), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2766), is hereby amended by striking from Section 4 the figure $15,000.00 and inserting in its place the figure $20,000.00, so that when so amended said Section shall read as follows: Section 4. The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said judge of the probate court 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 officer shall not exceed the total sum of $20,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia.

Page 3940

Section 2. This Act shall become effective on the first 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 given that there will be introduced in the regular 1980 session of the General Assembly of Georgia, a bill to increase the amount provided for clerical assistance in the Office of the Probate Court for Walker County, Georgia. This 7th day of January, 1980. Wayne Snow, Jr. Representative, 1st District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Walker County Messenger which is the official organ of Walker County, on the following dates: January 23, 30, 1980, February 6, 1980. /s/ Wayne Snow, Jr. Representative, 1st District

Page 3941

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CITY OF WILLACOOCHEE CHARTER AMENDED. No. 1192 (House Bill No. 1806). AN ACT To amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 3039), as amended by an Act approved March 11, 1965 (Ga. Laws 1965, p. 2287), so as to change the qualifications of candidates for the office of mayor and councilman; to provide for filling vacancies; to provide for the election of the clerk, treasurer, police chief, and other personnel; to provide for oaths, bonds, and compensation; to provide grounds for removal of the mayor and councilmen; to provide the procedure for removal; to provide for appeals; to provide for ordinances for street improvements; to provide that the mayor shall be the budget director and perform such duties as the mayor and council may prescribe by ordinance; to change the costs in the mayor's court; to provide for arrests; to authorize the mayor and council to regulate utilities in said city; to provide for revenue-producing certificates; to provide for garbage collection and fees therefor; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 3942

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 3039), as amended by an Act approved March 11, 1965 (Ga. Laws 1965, p. 2287), is hereby amended by striking Section 203 in its entirety and inserting in lieu thereof a new Section 203 to read as follows: Section 203. Qualifications of mayor and councilmen. (a) Any person whose principal place of residence is within the corporate limits of the city and who is both a qualified voter of the city and at least 18 years of age at the time of election shall be eligible for the office of mayor or councilman. Should the mayor or any councilman cease to maintain his principal place of residence within the city during his term of office, his office shall thereby become vacant. (b) In case of a vacancy in the office of mayor or councilman from failure to elect, death, removal, or any cause whatsoever, the mayor and council have the power to call a special election ordered by the city council to take place not less than 30 nor more than 60 days after the call of said election, under the same rules and regulations that govern other elections in the city. The city clerk shall cause notice of the holding of such election, including time and purpose thereof, to be published promptly once prior to such election in a newspaper of general circulation in the county. Section 2. Said Act is further amended by adding at the end of Section 206, relating to the mayor, the following: The mayor shall be the budget director of said city and shall perform such duties as the mayor and council may by ordinance prescribe. Section 3. Said Act is further amended by striking Section 207 in its entirety and inserting in lieu thereof a new Section 207 to read as follows: Section 207. Election of clerk, treasurer, chief of police, and other personnel. The mayor and council shall elect a city clerk and treasurer, with said clerk and treasurer to give bond with security in

Page 3943

a corporate surety company in the sum of $1,000.00 for the faithful performance of his duties; a chief of police and as many policemen as in the judgment of the mayor and council shall be necessary; and such other officers as the mayor and council shall deem necessary in the good government of the city. Each of said officers shall take oaths, perform such duties, and give such bonds as the mayor and council may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Willacoochee. Said mayor and council shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and council to fix the salaries, or compensation, of the mayor and councilmen and all other officers, agents, and employees of said city. However, the salary of the mayor of said city shall be set between $600.00 and $1,000.00 per month. All expenditures of the mayor and council for city purposes shall be paid out of the city funds by an order drawn by the city clerk and countersigned by the mayor after the mayor and council have allowed same. The mayor and council may at any time employ as many policemen for said city for such length of time as said mayor and council may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and council as above provided. Section 4. Said Act is further amended by striking Section 214 in its entirety and inserting in lieu thereof a new Section 214 to read as follows: Section 214. Impeachment and removal. (a) 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 charter or by law; (4) Willful violation of any express prohibition of the municipal charter;

Page 3944

(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 charter or by law. (b) Removal of any elected officer from office shall be brought about in the following manner: (1) Any person desiring to initiate removal proceedings against an elected officer shall file a complaint in writing with the city clerk, which complaint shall set forth distinctly the alleged ground or grounds for removal and the names of witnesses, if any. (2) Immediately upon receipt of a complaint as provided for in the preceding subsection, the city clerk shall notify the mayor (except in case of his own impeachment, when the clerk shall then notify the mayor pro tem.) who shall call a meeting of the city council. If, at such meeting, a majority of the council shall deem the complaint sufficient to authorize an investigation, they shall call, at the earliest date practicable, a meeting for the trial of the officer. (3) If a trial is ordered as provided in the preceding subsection, it shall be the duty of the city attorney to draw immediately articles of impeachment based upon the complaint which shall be filed with the city clerk at least seven days prior to the date set for the trial. Upon receipt of the articles of impeachment, it shall be the duty of the city clerk to attach to the same a notice directed to the party complained against, which notice shall specify the time and place of the trial and command the appearance of the accused. The notice and copy shall be served upon the accused by a police officer at least seven days before the date of trial. (4) The trial shall be conducted in the manner employed by the superior courts of Georgia, both the council and the accused having the right to introduce evidence and be represented by counsel, it being the duty of the city attorney to act as prosecuting officer in such trials. The mayor or councilman whose conduct is thus in question shall not be qualified to sit on

Page 3945

said proceeding or to vote. A two-thirds' majority of those qualified to sit and vote shall be necessary to impeach and if convicted the mayor or councilman shall be removed from office immediately. (5) The mayor and council shall render a verdict upon each article of impeachment, to be followed by the judgment which shall be entered by the city attorney upon the original articles and signed by the mayor or other presiding officer. Such verdict and judgment shall be placed upon the minutes of the council. (c) Any officer removed from office by the action of city council, as provided in the preceding section, shall have the right of appeal from the decision of the council to the superior court of the county in which city hall is located. Such appeal shall be governed by the same rules as govern appeals to the superior court from the court of probate. Section 5. Said Act is further amended by striking Section 412, relating to street tax, in its entirety. Section 6. Said Act is further amended by striking Section 413, relating to exemptions from street tax, in its entirety. Section 7. Said Act is further amended by striking from Section 421, relating to executions, the word marshal wherever the same may appear and inserting in lieu thereof the words chief of police. Section 8. Said Act is further amended by striking Section 502 in its entirety and inserting in lieu thereof a new Section 502 to read as follows: Section 502. Ordinances for street improvements. No street, avenue, alley, lane, or other public place in the city shall be repaved or improved until the passage of an ordinance authorizing the same. Section 9. Said Act is further amended by striking Section 503, relating to number of petitioners, in its entirety.

Page 3946

Section 10. Said Act is further amended by striking the third unnumbered paragraph of subsection (d) of Section 601 in its entirety and inserting in lieu thereof the following: In all cases in the mayor's court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Atkinson County for trial, or in default of bond committed by the mayor's court to the common jail of Atkinson County to await trial, the municipality shall be allowed the same costs as are allowed in justices courts under the laws of the State of Georgia. Section 11. Said Act is further amended by striking Section 603 in its entirety and inserting in lieu thereof a new Section 603 to read as follows: Section 603. Arrests. An arrest for a crime may be made by a city police officer with or without a warrant under any of the circumstances set forth in Code Section 27-207, relating to arrest without a warrant, as the same now exists or may hereafter be amended, and any such person arrested may be imprisoned or confined, until a hearing of the matter before the proper officer can be had, in the city prison or in the jail of Atkinson County for a reasonable length of time. The policemen of said city are authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any person or persons with violating any of the criminal laws of this state. The policemen of this city are also authorized to arrest anywhere within the limits of this state any person or persons charged with violating any of the ordinances of the City of Willacoochee; provided, when the arrest is not made within 24 hours after the offense is committed, said policemen are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to a warrant. The policemen may take cash bonds for the appearance of any person arrested by them for appearance before the mayor's court for trial and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Section 12. Said Act is further amended by striking Section 705 in its entirety and inserting in lieu thereof a new Section 705 to read as follows:

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Section 705. Utilities. (a) The mayor and council shall have general supervision and control over the water and sewerage system, the light system of said city, and gas system of said city and shall make such rules and regulations in reference to the operation of said systems, or either one thereof, as they may deem best and make such contracts and employ or discharge such persons in the operation of said systems, or either one thereof, as they may deem best. The mayor and council is charged with the duty of collection for all services rendered in regard to any of said systems. (b) Said mayor and council shall have plenary power and authority to erect or to contract for the erection, enlargement, or improvement, of a system of waterworks and sewerage, a light system, and a gas system, in and for said city, with the amount of funds made available to them by the mayor and council of the city, or funds arising from the operation of the water system, or out of funds arising from the sale of revenue-producing certificates or bonds issued by the city. They shall also have the management, in like manner, and control of the operation of a waterworks, sewerage, electric light plant, and gas plant or system that may be owned, or hereafter owned, by said city. They are hereby empowered to enter into contracts necessary for the establishment, maintenance, and operation of any of said systems. The mayor and council shall have power and authority to maintain, repair, and extend the system of waterworks, sewerage, electric light and gas plants, from time to time as funds become available for such improvements. They shall have power to erect and maintain public hydrants, fire plugs, poles, wires, water and gas mains, and electric lights within the city limits and elsewhere, as the mayor and council may direct, for the purpose of supplying the city with lights, water for fire purposes as may be necessary, and for other purposes for which they deem proper. The mayor and council shall regulate and provide for the private use of water, lights and gas, when the city owns any such plants, fix the time, price, and place of payment for such services and, in default of payment for such services, they may shut them off and keep the same shut off until all arrears are fully paid. Should it become necessary to enforce payment for services already rendered, they may recommend to the city clerk the issuance of execution for the amount due of any services furnished; and the city clerk is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions.

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(c) Should said mayor and council deem it advisable to create additional debts for the erections, enlargement, or improvement of any of the systems under their control by virtue of this Act, they are hereby directed and authorized to determine the amount of needed funds and the anticipated revenue from the operation of the facilities, and to create a debt to be evidenced by revenue certificates to be retired from revenues produced, or to recommend the creation of a bonded indebtedness for such purpose or as may be raised by other methods. Should the amount of money needed be such that the revenue produced by the facilities would retire same as anticipated by the Constitution and the Revenue Certificate Law of 1937, the mayor and council shall proceed to issue revenue-producing certificates as provided by the Act of 1937. Should the mayor and council deem it advisable to secure the money on a bond issue, the mayor and council should then proceed with an election for a bond issue as provided for by the Constitution and statutes. The mayor and council shall make such rules and regulations for the government of their servants and employees and for the distribution and use of the products of any of such plants as they may deem proper. Said mayor and council may pass such ordinances and bylaws for the protection of any such systems as they may deem proper and any person violating any one of said ordinances shall be tried as provided for in the city charter. The present ordinances of said city are retained and in force until changed. Section 13. Said Act is further amended by striking Section 706 in its entirety and inserting in lieu thereof a new Section 706 to read as follows: Section 706. Garbage collection, fees. The mayor and council shall have full power and authority to provide a system of garbage collections for said city. The mayor and council may in their discretion have said collections made by regular city employees or may contract for same to be done. To provide funds for said garbage collections, the mayor and council are hereby authorized to levy a schedule of garbage collection fees on residences, apartments, and business establishments. The mayor and council are hereby authorized to allow discounts on said assessments when paid annually in advance. Said garbage fees may be collected by levy and sale as other executions.

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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 1980 session of The General Assembly of Georgia A Bill to amend the charter of The City of Willacoochee, Georgia; To provide for all matters relative thereto; and for other purposes. Honorable 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 24, 31, February 7, 1980. /s/ Tom Crosby, Jr. Representative, 150th District

Page 3950

Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION APPROPRIATIONS, ETC. No. 1193 (House Bill No. 1816). AN ACT To amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), so as to change the appropriation of each governing authority; to extend time within which said commission shall complete its work; to provide 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 Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), is hereby amended by striking from the fourth sentence of subsection (c) of Section 4 of said Act the following: $7,500.00,

Page 3951

and substituting in lieu thereof the following: $15,000.00, so that when so amended subsection (c) of Section 4 of said Act shall read as follows: (c) The members of the Charter Commission shall not receive per diem or other compensation for their services except reimbursement 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 $15,000.00 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 2. Said Act is further amended by striking subsection (a) of Section 8 of said Act which reads as follows: (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

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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., and substituting in lieu thereof a new subsection (a) of Section 8 of said Act to read as follows: (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 by March 31, 1981, 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 by March 31, 1981. 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 adopted by the governing authority of Glynn 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), and for other purposes.

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This 28th day of January 1980. James R. Tuten, Jr. 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 29, February 5, 12, 1980. /s/ Dean G. Auten Representative, 154th District Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980.

Page 3954

BEN HILL COUNTY OFFICE OF TAX COMMISSIONER CREATED. No. 1194 (House Bill No. 1817). AN ACT To consolidate the offices of tax receiver and tax collector of Ben Hill County into the office of the tax commissioner of Ben Hill County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Ben Hill County are hereby consolidated and combined into the one office of the tax commissioner of Ben Hill County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this state. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Ben Hill County in 1980. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1984, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Ben Hill County, and their terms of office shall continue through December 31, 1980. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector.

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Section 3 . The tax commissioner shall receive for his services a commission equal to one-half of the commission schedule provided by Code Section 91A-1370(a), except that the commission and schedules prescribed by said Act shall apply upon the first 80 percent of the ad valorem net digest collected by the tax commissioner. On all taxes collected in excess of 80 percent of the total of taxes due according to the Tax Net Digest of Ben Hill County, the tax commissioner's commission shall be for such taxes 10 percent of all such collections due irrespective of the schedule and rates contained in said Section 91A-1370(a). The tax commissioner shall be responsible for determining the number and paying the compensation of such personnel as may be necessary to assist the tax commissioner in discharging his official duties, but all expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as to the compensation of such additional personnel, including but not limited to office equipment, supplies, fixtures, and utility expenses shall be paid by the county from county funds. It is specifically provided that the commissions and compensation provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except those commissions allowed for the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services of which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, which commissions the tax commissioner shall be entitled to receive and retain in addition to the commissions otherwise provided for herein. Section 4 . Except as hereinafter provided, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Ben Hill County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected, except that said tax commissioner may withhold from said funds to be turned over to the county the portion thereof representing his commission as herein provided. Section 5 . All taxes due and payable to Ben Hill County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued.

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Section 6. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Ben Hill County to issue the call for an election for the purpose of submitting this Act to the electors of Ben Hill 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 Ben Hill County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act to consolidate the offices of tax receiver and tax collector of Ben Hill County into the office of the tax commissioner of Ben Hill County be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Ben Hill County. It shall be the duty of the election superintendent of Ben Hill County to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to consolidate the offices of Tax Collector and Tax Receiver of Ben Hill County, Georgia, into the office of Tax Commissioner of Ben Hill County, Georgia, and to provide for the compensation, method of

Page 3957

election, rights, duties and liabilities of said office; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 29th day of January, 1980 Georgia, Ben Hill County. Personally appeared before the undersigned attesting officer, Gerald W. Pryor, who being duly sworn to speak the truth, states under oath that he is the publisher of The Fitzgerald Herald and Leader, which is the official organ of Ben Hill County, Georgia, and that there has been deposited with said newspaper the cost of publishing therein once a week for three (3) consecutive weeks, on the 31st of January, 1980, and the 7th, and 14th of February, 1980, a notice from the Ben Hill County Board of Commissioners of Roads and Revenue of its intention to introduce legislation to consolidate the offices of Tax Collector and Tax Receiver of Ben Hill County, Georgia, into the office of Tax Commissioner of Ben Hill County, Georgia and to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the Tax Commissioner; to provide for personnel in the office of the Tax Commissioner, the compensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; to provide for a referendum; to repeal conflicting laws; and for other purposes. A copy of said notice as it appears in the official organ of Ben Hill County, Georgia, is attached hereto as Exhibit A. This 14th day of February, 1980. /s/ Gerald W. Pryor

Page 3958

Sworn to and subscribed before me, this 14th day of February, 1980. /s/ Grace W. Reeves Notary Public, Georgia State at Large. (Seal). Approved March 25, 1980. HENRY COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1195 (House Bill No. 1823). AN ACT To amend an Act establishing a Small Claims Court in and for Henry County, approved April 17, 1976 (Ga. Laws 1976, p. 4463), so as to change the jurisdiction of the court; to change certain fees and costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Small Claims Court in and for Henry County, approved April 17, 1976 (Ga. Laws 1976, p. 4463), is hereby amended by adding at the end of Section 1 the following: Said court shall further have concurrent jurisdiction to hear and rule on violations of county ordinances., so that when so amended said section shall read as follows:

Page 3959

Section 1. There is hereby created and established a Small Claims Court in and for Henry County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Said court shall further have concurrent jurisdiction to hear and rule on violations of county ordinances. Section 2. Said Act is further amended by adding to subsection (d) of Section 6, immediately following the figure $5.00, the following: for each person served, so that when so amended said subsection shall read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $5.00 for each person served. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 3. Said Act is further amended by striking from Section 8 the figure $7.50, wherever the same appears and inserting in lieu thereof the figure $10.00, so that when so amended said section shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail 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.

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(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the 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 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 1980 session of The General Assembly of Georgia, a Bill to amend an Act approved April 7, 1976 (Georgia Law 1976, page 4463), creating the Small Claims Court of Henry County; and for other purposes. Larry D. Tew, Judge Small Claims Court of Henry County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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

Page 3961

Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 23, 30, February 6, 1980. /s/ Richard Chamberlin Representative, 73rd District Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CARROLL COUNTY SALARY OF CLERK OF SUPERIOR COURT. No. 1196 (House Bill No. 1827). AN ACT To amend an Act placing the Clerk of the Superior Court of Carroll County on a salary basis, approved March 27, 1972 (Ga. Laws 1972, p. 2751), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2935), so as to change the compensation of said clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Carroll County on a salary basis, approved March 27, 1972 (Ga. Laws 1972, p. 2751), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2935), is hereby amended by

Page 3962

striking from Section 2 the figure $15,700 and inserting in lieu thereof the following: $18,500.00, so that when so amended said section shall read as follows: Section 2. The Clerk of the Superior Court shall receive an annual salary of $18,500.00, payable in equal monthly installments from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1980, session of the General Assembly of Georgia. A bill to change the compensation of the Clerk of Superior Court of Carroll County; and for other purposes. This 28th day of January, 1980. Charles A. Thomas, Jr. Gerald L. Johnson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr. who, on oath, deposes and says that he/she is Representative from the 66th

Page 3963

District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 31, February 7, 14, 1980. /s/ Charles A. Thomas, Jr. Representative, 66th District Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. RANDOLPH COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1197 (House Bill No. 1828). AN ACT To amend an Act creating and establishing a small claims court in and for Randolph County, approved March 23, 1977 (Ga. Laws 1977, p. 3440), so as to change the jurisdiction of the court; to change certain fees, costs, commissions, and deposits; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3964

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a small claims court in and for Randolph County, approved March 23, 1977 (Ga. Laws 1977, p. 3440), is hereby amended by striking from the second sentence of Section 1 thereof the following: $1,000.00, and inserting in lieu thereof the following: $2,000.00, so that when so amended said Section 1 shall read as follows: Section 1. There is hereby created and established a small claims court in and for Randolph County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking from subsections (a) and (b) of Section 8, wherever it may appear, the following: $7.50, and inserting in lieu thereof the following: $10.00, so that when so amended said Section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge

Page 3965

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 3. Said Act is further amended by striking from the first sentence of Section 24 thereof the following: $5.00, and inserting in lieu thereof the following: $7.00, and by striking from the second sentence thereof the following: five dollars, and inserting in lieu thereof the following: $7.00, so that when so amended said Section 24 shall read as follows: Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $7.00, 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 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $7.00.

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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 Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a small claims court in and for Randolph County, approved March 23, 1977 (Ga. Laws 1977, p. 3440); and for other purposes. This 28 day of January, 1980. Bob Hanner Representative, 130th District 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 Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: January 31, February 7, 14, 1980. /s/ Bob Hanner Representative, 130th District

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Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. HARALSON COUNTY TREASURER'S COMPENSATION No. 1198 (House Bill No. 1833). 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), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4410), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3971), 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.

Page 3968

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), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4410), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3971), is hereby amended by striking from Section 1 the following: three thousand nine hundred dollars ($3,900.00), and inserting in lieu thereof the following: four thousand six hundred eighty dollars ($4,680.00), so that when so amended Section 1 shall read as follows: Section 1. The compensation of the Treasurer of Haralson County shall be four thousand six hundred eighty dollars ($4,680.00) 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to change the compensation of the Treasurer of Haralson County; and for other purposes. This 21st day of January, 1980. George A. Kimball Treasurer Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: January 24, 1980, January 31, 1980, February 7, 1980. Sworn to on the 14th day of February, 1980 /s/ Stanley Parkman Publisher

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Sworn to and subscribed to before me, on the 14th day of February, 1980. /s/ Frieda L. Rivers Notary Public. (Seal). Approved March 25, 1980. CITY OF LILLY ELECTIONS, ETC. No. 1199 (House Bill No. 1835). AN ACT To amend an Act consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, approved August 21, 1911 (Ga. Laws 1911, p. 1323), as amended, so as to change the provisions relative to the election and terms of office of the Mayor and Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, approved August 21, 1911 (Ga. Laws 1911, p. 1323), as amended, is hereby amended by adding a new section immediately following Section 3 to be designated Section 3A to read as follows: Section 3A. The present Mayor and Councilmen shall hold office until the first Tuesday of December, 1980, at which time there shall be an election by the registered electors within the city for the purpose of electing the Mayor and five Councilmen. The

Page 3971

Mayor and two candidates for Councilman receiving the highest number of votes in that election shall serve for a period of two years and the three Councilman candidates receiving the next largest number of votes shall serve for a period of one year. There shall be an election every year thereafter on the first Tuesday in December to fill the vacancies caused by the expiration of terms of office as hereinabove provided; to wit: In each even numbered year following the election in 1980, a Mayor and two Councilmen will be elected for a term of two years, and in each odd numbered year following 1980, three Councilmen will be elected for a term of two years. The Mayor and Councilmen shall serve until their successors are elected and qualified as provided herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act amending, consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, approved August 21, 1911 (Ga. Laws 1911, p. 1323), as amended; and for other purposes. This 24 day of January, 1980. Howard H. Rainey Representative, 135th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey who, on oath,

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deposes and says that he/she is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News Observer which is the official organ of Dooly County, on the following dates: January 30, 1980, February 6, 13, 1980. /s/ Howard Rainey Representative, 135th District Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. CORDELE OFFICE BUILDING AUTHORITY PROJECTS. No. 1200 (House Bill No. 1836). AN ACT To amend an Act to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4395), so as to authorize two projects; to provide for the cost of such projects; to provide that such projects do not require approval by a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 3973

Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4395), is hereby amended by adding at the end of Section 3 of said Act the following: (c) (1) The Cordele Office Building Authority, in conformity with the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, may begin a project for a fire station and may begin a project for a jail without the necessity of a referendum election otherwise required by subsection (a) hereof. (2) The total cost of each project authorized in paragraph (1) shall not exceed $150,000.00. (3) Any project undertaken pursuant to subsection (c) shall be separate and distinct from any project undertaken pursuant to subsection (b), and no funds which are authorized to be expended under subsection (b) shall be used for any project authorized by subsection (c)., so that when so amended Section 3 of said Act shall read as follows: Section 3. (a) Except as provided by subsections (b) and (c) hereof, if the Cordele Office Building Authority proposes to begin a project after the effective date of this Act, the Authority shall request, in writing, the municipal superintendent of elections of the City of Cordele to issue the call for a referendum election on the question of beginning such project. Within 15 days after receiving such request from the Authority, it shall be the duty of said municipal superintendent to issue the call for a special election for the purpose of submitting the question of beginning such project to the qualified electors of the City of Cordele for approval or rejection. Said municipal superintendent shall set the date of such special election at least 30 days, but not more than 45 days, after the issuance of the call. He shall cause the date and purpose of the election to be advertised in the official organ of the City of Cordele once each week for two weeks immediately preceding the week in which the election is held. The ballots for such election shall be printed in

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such a manner as to enable the electors of the City of Cordele to vote `Yes' or `No' on the question of beginning such project, and a brief description of the proposed project shall be included in the question on the ballot. If more than one-half of the votes cast on such question are `Yes', the Authority shall be authorized to proceed, in conformity with the provisions of the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, with such project. If one-half or more of the votes cast on such questions are `No', the Authority shall not at any time thereafter be authorized to proceed with such project. (b) The Cordele Office Building Authority, in conformity with the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, may begin a project for a fire station without the necessity of a referendum election otherwise required by subsection (a) hereof subject to the following conditions and requirements: (1) That the total cost for such project does not exceed $100,000.00; and (2) That if such project is completed, the City of Cordele shall be served by two fire stations. (c) (1) The Cordele Office Building Authority, in conformity with the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, may begin a project for a fire station and may begin a project for a jail without the necessity of a referendum election otherwise required by subsection (a) hereof. (2) The total cost of each project authorized in paragraph (1) shall not exceed $150,000.00. (3) Any project undertaken pursuant to subsection (c) shall be separate and distinct from any project undertaken pursuant to subsection (b), and no funds which are authorized to be expended under subsection (b) shall be used for any project authorized by subsection (c). 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 Honorable Howard Rainey, Representative from the 135th District, at the request of the Cordele City Commission, will introduce a bill in the 1980 session of the General Assembly of Georgia to amend the powers of the Cordele Office Building Authority so as to provide authorization to build a fire station in Cordele at a cost not to exceed $150,000.00, and a jail in Cordele at a cost not to exceed $150,000.00. The Cordele Office Building Authority was created by an amendment proposed by Act No. 235 (House Resolution No. 624-1354), Georgia Laws, 1968, pp. 1715, et seq., ratified at the November 1968 general election. The proposed amendment to be introduced is authorized by provisions of the Act at Georgia Laws, 1968, pp. 1729, 1730. This 25th day of January, 1980. Perry M. Culpepper, Chairman Cordele City Commission Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey who, on oath, deposes and says that he/she is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: January 31, 1980, February 7, 14, 1980. /s/ Howard Rainey Representative, 135th District

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Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. BURKE COUNTY HOSPITAL AUTHORITY VACANCIES. No. 1201 (House Bill No. 1837). AN ACT To amend an Act to provide for the method of appointing vacancies on the Burke County Hospital Authority, approved April 13, 1973 (Ga. Laws 1973, p. 2656), so as to provide for all appointments by the governing authority of Burke County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for the method of appointing vacancies on the Burke County Hospital Authority, approved April 13, 1973 (Ga. Laws 1973, p. 2656), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. All vacancies on the board of the Burke County Hospital Authority shall be filled by appointment of the governing authority of Burke 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 1980 session of the General Assembly of Georgia, a bill to change the method of appointment of members to the Burke County Hospital Authority; and for other purposes. This 25th day of January, 1980. 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: January 30, 1980, February 6, 13, 1980. /s/ Emory E. Bargeron Representative, 83rd District

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Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. TOWN OF BARTOW CHARTER AMENDED. No. 1202 (House Bill No. 1838). AN ACT To amend an Act creating a new charter for the Town of Bartow, approved March 21, 1974 (Ga. Laws 1974, p. 2370), so as to change certain provisions relating to the compensation of the mayor and councilmen and relating to the punishment in Mayor's Court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Bartow, approved March 21, 1974 (Ga. Laws 1974, p. 2370), is hereby amended by striking in its entirety Section 2.13 thereof and substituting in lieu thereof a new Section 2.13 to read as follows: Section 2.13. Compensation and Expenses. The mayor shall receive as compensation for his services the amount of $100 per year. The councilmen shall each receive as compensation for their services the sum of $25 per year. The mayor and councilmen shall

Page 3979

be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2. Said Act is further amended by striking from subsection (a) of Section 4.13 thereof the figure: $300.00, and substituting therefor the figure: $600.00, so that when so amended subsection (a) shall read as follows: (a) The Mayor's Court shall try and punish for crimes against the Town of Bartow and for violation of its ordinances. The Mayor's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $10.00 or three days in jail. The Mayor's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $600.00 or imprisonment for thirty days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a town work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 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 current 1980 session of the General Assembly of Georgia a bill to amend the charter of the Town of Bartow to revise the compensation of the mayor and councilmen and to increase the amount of the fines which may be levied in the Mayor's Court.

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This 28th day of January, 1980. W. A. Hall, Mayor 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: January 31, 1980, February 7, 14, 1980. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980.

Page 3981

HENRY TIFT MYERS AIR MUSEUM AUTHORITY CREATED. No. 1203 (House Bill No. 1841). AN ACT To create the Henry Tift Myers Air Museum Authority in Tift County; to provide for members; to specify powers; 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. There is hereby created as a public corporation the Henry Tift Myers Air Museum Authority. The authority shall be composed of five members to be appointed by the Tift County Airport Authority, to serve at the pleasure of the Tift County Airport Authority. Section 2. The authority is authorized to: (a) Purchase, hold, sell, rent, and convey title to any property or any interest in property. (b) Enter into any contract and to sue and be sued in the courts of this state. (c) Provide for the administration of its affairs as it may reasonably determine to be appropriate. (d) Do all things appropriate to constructing, maintaining, and operating an air museum including, but not limited to, the determination and collection of admission charges. (e) Accept loans, gifts, grants, bequests, and devises from any and all sources. (f) Exercise all powers normally or customarily vested in a public authority in this state.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. There will be introduced in the 1980 session of the General Assembly of Georgia a bill to create the Henry Tift Myers Air Museum Authority; to provide the powers and duties of such Authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the Authority to own, operate, maintain, sell and lease property and facilities, to contract, to sue and be sued, to borrow money and pledge its assets; to collect and disburse money; to own and operate museum facilities, and to do all things necessary or incident thereto; to have all the rights and privileges of corporations generally and to be a body politic; and for other purposes. January 30, 1980. E. R. Jensen Tift County Airport Authority 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

Page 3983

Local Legislation was published in The Tifton Gazette which is the official organ of Tift County, on the following dates: February 2, 9, 16, 1980. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 25, 1980. COLUMBUS, GEORGIA COLUMBUS CONVENTION AND VISITORS BOARD OF COMMISSIONERS. No. 1204 (House Bill No. 1854). AN ACT Authorizing the Columbus, Georgia consolidated city-county government to create a Board of Commissioners to be known as the Columbus Convention and Visitors Board of Commissioners who may be authorized to have delegated to them the responsibility for promotion of tourism, trade and conventions for Columbus, Georgia; setting forth the terms of office of the members of the Board and their authority and powers; providing for the funding of the operation of the Commission; repealing conflicting laws; and for other purposes. [Illegible Text]

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Section 1. For the purpose of promoting tourism, trade and conventions for Columbus, Georgia, the Council of Columbus, Georgia is hereby authorized to create by ordinance and abolish by ordinance a Board of Commissioners to be known as the Columbus Convention and Visitors Board of Commissioners who may be authorized by the Council of Columbus, Georgia to have use of buildings, grounds and equipment that are used or may be used for the promotion of tourism, trade, and conventions in Columbus. The Mayor shall appoint, with the consent of the Council of Columbus, Georgia, persons to fill all vacancies that may occur on said Board at any regular meeting of the Council after such vacancy occurs. The Convention and Visitors Board of Commissioners shall consist of nine (9) persons, all of whom shall be citizens of Columbus and qualified by law to vote at elections for the selection of the Mayor and Councilors. In addition, the Executive Director of the Commission shall serve on the Board during his incumbency and shall be entitled to speak and be heard at meetings, but the Executive Director shall not be entitled to vote. Section 2. Except for the members of the first board to serve, the term of office of each member shall be for three (3) years, and members shall continue in office until a successor is named and appointed. The selection for the first members of the Board may be held at any regular meeting of Council after the effective date of the Act authorizing the creation of such Board or at any regular meeting thereafter. At such meeting the Mayor shall appoint, with the consent of Council, three (3) members to serve until the first day of January next following and until each member's successor is named and appointed, three (3) to serve until the first day of January thence next following and until each member's successor is named and appointed, so that the term of office of only three (3) members will expire each year. As the respective terms of office of each member of the Board expire, the Mayor shall appoint, with the consent of Council, at a regular meeting held in July of each year prior to the expiration of the term of each member, a successor to each member of the Board whose term expires in January following thereafter, who shall be selected for a term of three (3) years, so that the term of three (3) members of said Board shall end on January 1 of each year and three (3) members shall be selected to succeed to such new term. The Board shall be selected to best represent the hospitality

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and travel industry and shall be constituted as follows: One (1) member shall be the owner or manager of a hotel or motel; one (1) member shall be selected from the food service industry; one (1) member shall be selected from the Board of Directors of the Columbus Chamber of Commerce; one (1) member shall be selected from the Board of Directors of the Historic Columbus Foundation; two (2) members shall be selected from the Columbus Council; three (3) members shall be selected at large. The Mayor of Columbus, Georgia shall serve as an ex officio member of the Board during his incumbency. Section 3. The members shall take the following oath before entering into the discharge of their duties: I do solemnly swear that I am duly qualified to serve as a member of the Columbus Convention and Visitors Board of Commissioners; that I will, to the best of my ability, faithfully discharge all of the duties and obligations devolving upon me as a member of said Board without fear, favor and affection, and as will subserve the best interests of Columbus, Georgia, so help me God. Section 4. A majority of the Columbus Convention and Visitors Board of Commissioners shall constitute a quorum for the transaction of business. The Board shall have the power and authority to make rules and regulations for the conduct of its affairs, and shall keep a record of all acts and doings of said Board in Books to be purchased and kept for that purpose, which books shall be subject to examination at any time by persons authorized to do so by the Mayor and Council of Columbus. The Board shall make reports to the Mayor and Council of Columbus, Georgia, on the operation and condition of the Convention and Visitors Commission in accordance with any Resolution that may be passed by the Council of Columbus, Georgia. Section 5. The Board shall have the power to annually select a chairman, vice chairman, and secretary/treasurer for the Board, and employ an Executive Director as may be necessary in the operation of the Commission's activities, who in turn shall be delegated the authority and responsibility necessary to properly administer the business of the Commission and its agencies created herein or at a later date, within policies set by the Board and subject to its review. The Executive Director shall have full charge of the offices and also all of the employees, and he shall have authority to hire and terminate

Page 3986

employees. The Board shall have the authority to establish salaries and compensation which must be approved by the Council of Columbus, Georgia. Section 6. The Board may purchase from time to time, such material, machinery, apparatus and appliances as may be needed for the purposes hereafter set forth. All contracts made by the Board in excess of $5,000.00 shall be in writing and one copy of each contract shall be deposited with the Clerk of Council for the benefit of the Mayor and Council of Columbus. All purchases and contracts shall conform to the limits of the Board's budget. The Board shall have the authority to require from any person, firm or corporation with whom they contract satisfactory security for the faithful performance of the contract according to its terms. No member shall be interested directly or indirectly in any contract relating to such operation without full disclosure to the Board. Section 7. The Board shall submit an annual budget to the Council of Columbus, Georgia which, upon approval by Council, shall be funded from the revenue received from the Hotel-Motel Tax and any other sources deemed proper by the Mayor and Council. Section 8. The members of said Board shall not receive any compensation for their services, but within the limits of the Board's budget, shall be paid and refunded all reasonable expense which they may incur in the performance of their duties. The Mayor and Council of Columbus, Georgia shall be authorized, by and through a committee of their own number, or by any person they may select, to inspect at their pleasure, the state and condition of the Board of Commissioners and the property thereto belonging, and also all books and accounts pertaining to the affairs of the Commission and the Board shall give and furnish them any reasonable facility and assistance in making such inspections. Section 9. Be it further enacted that the Board of Commissioners shall be considered a subordinate branch of Columbus, Georgia, a consolidated city-county government, and shall conform in their actings and doings to all Ordinances and Resolutions that may be passed by the Mayor and Council of said government. The Mayor and Council of Columbus, Georgia may at any time remove any member which they may have elected to the Board, if it shall satisfactorily appear, after reasonable notice to the parties, and hearing

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of the causes of complaint and answers thereto, if any should be offered, that the member whose removal is sought has been guilty of maladministration or neglect of the duties of this office, that the member's removal will be right and proper, and seven members of the Council of Columbus shall concur in such removal. 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. Section 12. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the Council of Columbus, Georgia create by ordinance a Columbus Convention and Visitors Board of Commissioners. Lennie F. Davis City Attorney, Columbus, Georgia

Page 3988

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, 1980, for the passage of a Bill to provide that the Council of Columbus, Georgia create by ordinance a Columbus Convention and Visitors Board of Commissioners. Lennie F. Davis City Attorney, Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 25, 1980.

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LISTON ELKINS PARKWAY DESIGNATED. No. 112 (Senate Resolution No. 262). A RESOLUTION Designating the Liston Elkins Parkway; and for other purposes. WHEREAS, Liston Dickson Elkins was one of the most outstanding citizens of the State of Georgia and the Waycross area; and WHEREAS, Mr. Elkins made many valuable contributions in his business career with the Waycross Journal-Herald and the Waycross and Ware County Chamber of Commerce; and WHEREAS, in addition to his business activities, Mr. Elkins gave generously of his time and efforts in a wide range of civic activities and organizations too numerous to list; and WHEREAS, the great contributions of Mr. Elkins have already been recognized by the great number of awards and honors he received; and WHEREAS, Mr. Elkins was a dedicated and devoted husband to his wife, the former Myrtle Cannon, and daughter, Jean Elkins Essick; and WHEREAS, among Mr. Elkins's many valuable activities were two which make this Resolution particularly appropriate: his service as President of the U.S. 1 National Highway Association and his participation in the conception and organization of the Okefenokee Association, Inc., which built and operates the Okefenokee Swamp Park. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that U.S. National Highway 1 from the Waycross city limits to the Okefenokee Swamp Park entrance is hereby designated the Liston Elkins Parkway.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Myrtle Cannon Elkins and Jean Elkins Essick. Approved March 25, 1980. EXCHANGE OF LAND WITH GRATTAN W. ROWLAND AUTHORIZED. No. 115 (Senate Resolution No. 283). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Burke County, Georgia, to Grattan W. Rowland and the acceptance of certain property owned by Grattan W. Rowland, located in Burke County, Georgia, in consideration therefor; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Burke County, Georgia, now administered by the Georgia Forestry Commission, being more particularly described as follows: All of Parcels 1 and 2 containing.999 acre, more or less, shown and described on that certain June 27, 1979, plat of survey prepared for the Georgia Forestry Commission by Robert L. Bell, Georgia Registered Land Surveyor No. 274, a copy of said plat of survey being attached hereto and made a part of this Resolution; and WHEREAS, Grattan W. Rowland is the owner of certain real property located in Burke County, and comprising approximately.433 acre, more or less, and more particularly described as follows:

Page 3991

All of Parcel 3 containing.433 acre, more or less, shown and described on that certain June 27, 1979, plat of survey, prepared for the Georgia Forestry Commission by Robert L. Bell, Georgia Registered Land Surveyor No. 274, a copy of said plat of survey being attached hereto and made a part of this Resolution; and WHEREAS, the State of Georgia is desirous of obtaining the above-described property owned by Grattan W. Rowland for expansion of the Georgia Forestry Commission Burke County Unit office and related purposes; and WHEREAS, Grattan W. Rowland is desirous of obtaining part of the above-described State-owned property for the protection and consolidation of his present lands; and WHEREAS, Grattan W. Rowland, in May of 1957, conveyed the above-described State-owned property to the State of Georgia for $1; and WHEREAS, the exchange of part of said parcels on an equal value basis, by and between the State of Georgia and Grattan W. Rowland, would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State Properties Commission is hereby authorized and empowered to convey by appropriate instrument all or any part of the hereinabove-described State-owned property to Grattan W. Rowland and to accept in consideration therefor, from Grattan W. Rowland, a conveyance in fee simple of all of the hereinabove-described Grattan W. Rowland-owned property. Section 3. That any documents as may be required, and any and all other terms, conditions, and agreements relating to the exchange

Page 3992

of properties be negotiated by and between the State Properties Commission and Grattan W. Rowland or his representative. Section 4. That for the purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Georgia Forestry Commission shall constitute an acceptable plat for filing with the Secretary of State. Section 5. That this Resolution shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval, and in accordance with the provisions hereof. Section 6. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved March 25, 1980. GEORGE S. CARPENTER BRIDGE DESIGNATED. No. 118 (Senate Resolution No. 298). A RESOLUTION Designating the George S. Carpenter Bridge; and for other purposes. WHEREAS, Honorable George S. Carpenter served as a Superior Court Judge for the Ocmulgee Judicial Circuit from January 1, 1943, to January 1, 1974; and WHEREAS, Judge Carpenter was highly respected by the legal profession throughout the State of Georgia, and his long record of distinguished service will always be remembered; and

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WHEREAS, he also served as Mayor of Milledgeville and provided excellent leadership to the city during a period of rapid growth; and WHEREAS, he was active in the civic, fraternal, and religious affairs of his community; and WHEREAS, his dedication to his judicial duties was second only to his love and dedication to his family; and WHEREAS, it is only fitting and proper that the new bridge on Thomas Street in Milledgeville, Georgia, be named after Judge Carpenter. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new bridge erected on Thomas Street in Milledgeville, Georgia, is hereby named and designated the George S. Carpenter Bridge. BE IT FURTHER RESOLVED that the Department of Transportation, with the approval of the federal Department of Transportation, is hereby authorized and directed to erect appropriate signs on the approaches to said bridge, designating said bridge as the George S. Carpenter Bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this resolution to the family of Honorable George S. Carpenter, to the commissioner of the State Department of Transportation, and to the Secretary of Transportation, Department of Transportation, Washington, D.C. Approved March 25, 1980.

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TOWN OF SNELLVILLE RECORDER'S COURT. No. 1205 (House Bill No. 1870). AN ACT To amend an Act incorporating the Town of Snellville, approved August 20, 1923 (Ga. Laws 1923, Ex. Sess., p. 775), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3574), and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3110), so as to change the maximum amount of fines, costs, and forfeitures which may be imposed by the Recorder's Court of the Town of Snellville; 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 Snellville, approved August 20, 1923 (Ga. Laws 1923, Ex. Sess., p. 775), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3574), and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3110), is hereby amended by striking from subsection (d) of Section 10 the following: $200.00, and inserting in lieu thereof the following: $1,000.00, so that when so amended said subsection shall read as follows: (d) The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the Town of Snellville passed in accordance with this charter, to an amount not to exceed $1,000.00, to imprison offenders for a period of not more than sixty days, or at labor on the roads and streets or other public works of said Town for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00

Page 3995

or imprisonment not exceeding twenty days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the Town of Snellville which warrants may be executed by any officer of said Town, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said Town. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the Town of Snellville. The recorder's court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. Laws 1923, Ex. Sess. p. 775) as amended, so as to change the maximum amount of fines, cost, and forfeitures which may be imposed by the Recorder's Court, and for other purposes. This 15th day of January, 1980. Tom Phillips Representative, 59th District

Page 3996

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 Home Weekly which is the official organ of Gwinnett County, on the following dates: January 30, February 6, February 13, 1980. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 17th day of January, 1980. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 7, 1980. (Seal). Approved March 25, 1980. DeKALB COUNTY BOARD OF COMMISSIONERS, REFERENDUM. No. 1207 (Senate Bill No. 392). AN ACT To amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating

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a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, so as to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining the type of government for said county desired by the people of said county; to provide for procedures, requirements and 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 revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, is hereby amended by adding a new Section between Sections 27 and 28, to be designated Section 27A, to read as follows: Section 27A. (a) It is the purpose of this Section to provide for an advisory referendum within DeKalb County to determine the type of government of DeKalb County preferred by the voters of said county. (b) It shall be the duty of the election superintendent of DeKalb County to issue the call for an advisory election for the purpose of submitting statements of two types of government for said county to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall set the date of such election for the same date as the 1980 general primary election on August 12, 1980. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have printed thereon the following: Advisory Referendum Election Choose the type of government for DeKalb County which you prefer by selecting either Type 1 or Type 2 as shown below:

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Type 1 [] A government with an elected county commission and a separate elected chief executive officer. The powers of the county commission would be clearly defined as legislative, and the powers of the chief executive officer would be clearly defined as administrative. Type 2 [] A government with an elected county commission. The chairman of the commission would also serve as the chief executive officer with administrative and executive powers clearly defined. (c) It shall be the duty of the election superintendent of DeKalb County to hold and conduct the advisory election provided for herein and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within DeKalb County. The expense of such election shall be borne by DeKalb County. (d) It is hereby found, determined and declared that the holding of the advisory referendum election provided for in this Section is in all respects for the benefit of the people of DeKalb County and is for a public purpose and an essential governmental function for which public funds may be expended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly 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,

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1956 (Ga. Laws 1956, p. 3237), as amended, and for other purposes. H. Allen Moye, Chairman DeKalb County Government Reorganization Commission 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 Senator from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 20, 1979, December 27, 1979 and January 3, 1980. /s/ Robert H. Bell Senator, 5th District Sworn to and subscribed before me, this 15th day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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SUPERIOR COURT OF EVANS COUNTY TERMS. No. 1208 (Senate Bill No. 561). AN ACT To amend an Act fixing the terms of the Superior Court of Evans County, approved August 8, 1919 (Ga. Laws 1919, p. 116), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4649), so as to change the provisions relative to such terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the terms of the Superior Court of Evans County, approved August 8, 1919 (Ga. Laws 1919, p. 116), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4649), is hereby amended by striking from Section 2 thereof the word: October, and inserting in lieu thereof the word: August, so that when so amended Section 2 shall read as follows: Section 2. Be it further enacted that the two terms of the Superior Court of Evans County shall be held on the first Monday in February and the first Monday in August of each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980.

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BOARDS OF REGISTRATIONS AND ELECTIONS IN CERTAIN COUNTIES (200,000 - 600,000) (350,000 - 600,000). No. 1210 (Senate Bill No. 606). AN ACT To amend an Act providing for a Board of Registrations and Elections in certain counties, approved March 13, 1978 (Ga. Laws 1978, p. 3677), so as to change certain population brackets; 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 Registrations and Elections in certain counties, approved March 13, 1978 (Ga. Laws 1978, p. 3677), is hereby amended by striking from Section 1 thereof the following: not less than 200,000 and not more than 600,000, and inserting in lieu thereof the following: not less than 350,000 and not more than 600,000, so that when so amended said Section 1 shall read as follows: Section 1. There is hereby created in each county of this state having a population of not less than 350,000 and not more than 600,000, according to the 1970 United States decennial census or any such future census, a Board of Registrations and Elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such counties, in accordance with the provisions of this Act.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980. STATE COURT OF DeKALB COUNTY SERVICES OF FORMER JUDGES, ETC. No. 1212 (House Bill No. 1453). 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 authorize the presiding senior judge to request the services of any acting judge or former judge of a state, superior, juvenile or probate court; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the 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 adding immediately following Section 14-A a new Section 14-B to read as follows: Section 14-B. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that the senior judge of the State Court then presiding, when deemed necessary, may request, in writing, the services of an acting judge or any former judge of any state, superior, juvenile or probate court of this

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State who is otherwise qualified. When any such acting judge or former judge serves as judge of the State Court, he shall receive the same compensation in the same manner as a judge of the State Court of DeKalb County, and such compensation shall be paid from the funds of DeKalb County. In no event, however, shall there be more than 100 days per year for which compensation is paid to such acting or former judge or judges. For purposes of computing said 100 days, any one day for which compensation is paid to more than one such judge shall be counted as a number of days equal to the number of judges paid for that day. 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, 1980 session of the General Assembly of Georgia, an amendment to 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 the Senior Judge of the State Court of DeKalb County, then presiding, may appoint an appropriate qualified judge or former judge to assist in times when deemed necessary; and to provide method of payment by DeKalb County; to repeal conflicting laws, and for other purposes. This 27th day of December, 1979. Mrs. Mobley (Peggy) Childs 51st District

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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 Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Peggy Childs Representative, 51st District Sworn to and subscribed before me, this 28th day of January, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 26, 1980. MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 1213 (House Bill No. 1648). AN ACT To amend an Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. Laws

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1966, p. 2737), as amended by an Act approved April 11, 1973 (Ga. Laws 1973, p. 2603), an Act approved February 8, 1974 (Ga. Laws 1974, p. 2031), an Act approved March 22, 1974 (Ga. Laws 1974, p. 3074), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3816), so as to change the method of selection of members of the Authority; to provide for districts; to provide terms of office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. Laws 1966, p. 2737), as amended by an Act approved April 11, 1973 (Ga. Laws 1973, p. 2603), an Act approved February 8, 1974 (Ga. Laws 1974, p. 2031), an Act approved March 22, 1974 (Ga. Laws 1974, p. 3074), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3816), 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. Macon-Bibb County Water and Sewerage Authority. (a) There is hereby created a body corporate and politic, to be known as the Macon-Bibb County Water and Sewerage Authority, which shall be deemed to be a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the Trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents, or employees. (b) (1) Except as otherwise provided in subsection (c), the Authority shall consist of seven members, five of whom shall be elected as provided in this Section. Of the remaining two members of the Authority, one shall be a member of the governing authority of the City of Macon to be appointed by the governing authority of the City of Macon and one shall be a member of the governing authority of Bibb County to be appointed by the governing authority of Bibb County.

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(2) For the purpose of electing members of the Authority, Bibb County is divided into five electoral 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 Tract 115 ED's 128, 129, and 130 Tract 116 ED's 46, 47, 48, 49, and 50 Tract 117, except ED's 19 and 20 Tract 133 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

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District 3 Bibb Tract 101 ED's 56 and 57, that portion which lies North of Interstate 16 ED 59 Tract 102 ED's 63 and 64 Tract 110, except Blocks 107 through 111 Tract 117 ED's 19 and 20 Tracts 118, 119, 120, 121, and 122 Tract 123, except ED's 97 and 98 Tract 124 ED's 92, 93, and 172 Tract 134, except that portion South and West of Rocky Creek District 4 Bibb Tract 124 ED's 90 and 91 Tract 126 ED'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 which lies West of the Southern Railroad Line Tracts 131 and 132 Tract 134, that portion which lies South and West of Rocky Creek Tract 135 and 136

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District 5 Bibb County in its entirety (3) 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. (4) One member of the Authority shall be elected to represent each electoral district. Each member shall reside within the district he represents. (c) (1) The first members to be elected from districts one, two, three, and four as specified in subsection (b) shall be elected at the general election held in November, 1980. Initial members elected to represent districts two and three shall be elected for a term of two years and until the election and qualification of their successors. Initial members elected to represent districts one and four shall be elected for a term of four years and until the election and qualification of their successors. The initial member elected to represent district five shall be elected at the general election held in November, 1984, for a term of six years and until the election and qualification of his successor. Thereafter, all elected members shall be clected for a term of six years and until the election and qualification of their successors. Elected members shall take office on January 1 following the date of their election. Initial appointive members shall be appointed beginning January 1, 1981, and shall serve at the discretion of the appointing governing authority. (2) The members of the Authority in office on the effective date of the 1980 amendment of this Section shall continue in office until the expiration of the terms for which they are serving on the effective date of the 1980 amendment to this Section. Until the election and qualification of members to represent districts one, two, three, and four, the members in office on the effective date of the 1980 amendment shall constitute the membership of the Authority.

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(d) Any person eligible to vote for members of the General Assembly of Georgia in Bibb County shall be deemed qualified to hold the office of elected member of the Authority; provided that no person shall be eligible to hold office, unless at the time of his election, he shall have attained the age of 21 years; provided, further, that he shall not remove his residence from his district during his term of office on pain of forfeiture thereof. (e) All elections for members of the Authority shall be conducted by the Macon-Bibb County Board of Elections in accordance with the provisions of Code Title 34, the Georgia Election Code, as the same now exists or may hereafter exist. (f) Should any vacancy occur among the elective members of the Authority with respect to a term having more than 60 days to run, the remaining members of the Authority shall forthwith notify the judge of the probate court who shall appoint a qualified person to serve until the next general election, at which time a successor shall be elected for the unexpired term. The appointee of the judge of the probate court shall serve until a successor shall have been elected and shall qualify. Any person so elected at such special election shall hold office for the unexpired term for which he was elected. If a vacancy occurs within 60 days from the expiration of the term of the elected member causing the vacancy, no such election shall be held, but the remaining or surviving members of the Authority shall constitute the Authority until the next election. Provided, however, that appointments shall be made in any event and regardless of the time that the vacancy commences if the vacancy of a member causes more than one vacancy to exist on said Authority. (g) Immediately after election, each member of the Authority shall give bond for the faithful performance of his duties in the sum of $10,000.00, payable to the Governor of the State of Georgia and approved by the judge of the Probate Court of Bibb County. (h) Each elected member of the Authority shall receive a salary to be fixed by the Authority, payable in monthly installments, not to exceed $4,200.00 per annum. In addition, the members of the Authority may be reimbursed for the actual expenses necessarily incurred in the performance of their duties.

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(i) The Authority shall have full power to organize, adopt rules for its government, and generally to direct the affairs of the Authority. No vacancy on the Authority shall impair the power of the Authority to exercise all of the rights and powers of and perform all of the duties and obligations of the Authority. (j) The chairman of the Authority shall be the member elected to represent district five except that, until the first election of a member to represent district five as provided in this Act, the chairman shall be either the member in office on the effective date of the 1980 amendment to this Section whose term expires in 1982 or the member whose term expires in 1984, as determined by majority vote of the members of the Authority. Each election for the chairman prior to the first election of a member to represent district five shall be for a term of two years and until the election and qualification of his successor. A member shall not be eligible to serve as chairman after the expiration of his term. (k) A majority of the members in office shall constitute a quorum. The Authority shall have perpetual existence; provided, however, that nothing herein contained shall preclude the General Assembly of Georgia from amending the Act creating 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. Georgia, Bibb County Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill 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; and for other purposes.

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This 27th day of December, 1979. Honorable David E. Lucas Representative, 102nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd 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 11, 18, 25, 1980. /s/ David E. Lucas Representative, 102nd District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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CITY OF NAHUNTA NEW CHARTER. No. 1214 (House Bill No. 1685). AN ACT To provide a new charter for the City of Nahunta; to provide for incorporation of the city; to provide for corporate boundaries; to provide for powers, duties, and authority of the city and its governing authority; to provide for a mayor and council; to provide for their elections, compensation, terms of office, powers, duties, authority, and method for filling vacancies; to provide for qualifications; to provide for inquiries and investigations; to provide for meetings; to provide for quorums; to provide for ordinances and codes; to provide for departments, boards, commissions, and authorities; to provide for city officials and employees; to provide for a mayor's court and its jurisdiction; to provide for a judge; to provide for penalties; to provide for rules; to provide for appeals; to provide for elections; to provide for removal of elected officers; to provide for taxation and the practice and procedure connected therewith; to provide for licenses, occupational taxes, and excise taxes; to provide for charges; to provide for financial and fiscal affairs of the city; to provide for budgets and appropriations; to provide for contracts and purchasing; to provide for bonds; to provide for ordinances and regulations; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1.10. Incorporation . The City of Nahunta, Georgia, in the County of Brantley, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Nahunta, Georgia. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and

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later may renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11. Corporate boundaries . (a) The boundaries of the City of Nahunta shall be as follows: All that tract or parcel of land situate, lying and being in the 2nd Land District of Brantley County, Georgia, containing 1805.90 acres and being all of Land Lots Nos. 88 and 89, the Western one-half (1/2) of Land Lots Nos. 104 and 105, the Northwest Quarter of Land Lot No. 106, the North one-half (1/2) of Land Lot No. 87, and portions of Land Lots Nos. 41 and 42, and being more particularly described as follows: Begin at the Northwest corner of Land Lot No. 89; thence, proceed South 14 degrees 19 minutes 15 seconds West a distance of 4390.44 feet to the Southwest corner of Land Lot No. 89; thence, proceed South 14 degrees 06 minutes 28 seconds West a distance of 2957.02 feet to a point marked by a 2-Inch Pipe; thence, proceed South 82 degrees 28 minutes 28 seconds West a distance of 1084.74 feet to a concrete monument; thence, proceed South 03 degrees 41 minutes 32 seconds East a distance of 419.20 feet to a concrete monument; thence, proceed South 09 degrees 40 minutes 26 seconds East a distance of 74.85 feet to a point marked by an Iron Pin; thence, proceed South 80 degrees 22 minutes 47 seconds West a distance of 406.03 feet to a point marked by an Iron Pin; thence, proceed South 08 degrees 10 minutes 36 seconds West a distance of 183.34 feet to a point marked by a Spike and Cap; thence, proceed South 08 degrees 10 minutes 36 seconds West a distance of 1763.23 feet to a point marked by a Spike and Cap; thence, proceed South 82 degrees 13 minutes 56 seconds East a distance of 423.82 feet to a point marked by a Pipe; thence, proceed North 07 degrees 46 minutes 04 seconds East a distance of 1035.54 feet to a point marked by a 2-Inch Pipe; thence, proceed North 71 degrees 43 minutes 04 seconds East a distance of 845.18 feet to the Southwest corner of Land Lot No. 88; thence, proceed South 14 degrees 06 minutes 28 seconds West a distance of 2149.89 feet to a point marked by a 2-Inch Pipe; thence, proceed South 75 degrees 07 minutes 54 seconds East a distance of 2704.78 feet to a point on the

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Western right-of-way line of the Seaboard Coast Line Railroad, said point being marked by a Light Wood Stake; thence, proceed South 75 degrees 07 minutes 54 seconds East a distance of 4273.39 feet to a point marked by a 2-Inch Pipe; thence, proceed North 14 degrees 13 minutes 23 seconds East a distance of 1098.10 feet to a point marked by a 2-Inch Pipe; thence, proceed North 75 degrees 38 minutes 25 seconds West a distance of 2287.21 feet to a point marked by a Railroad Iron, which point is the Northwest Corner of Land Lot No. 104; thence, proceed North 75 degrees 31 minutes 28 seconds West a distance of 4696.25 feet to a point marked by a 2-Inch Pipe, which point is the POINT OF BEGINNING. The above description is from that certain plat of survey made by Hugh D. Thomas, Georgia Registered Land Surveyor No. 1395, dated January 1, 1979, and said plat is by reference made a part of this description. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Specific powers . The corporate powers of the government of the City of Nahunta, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions, and to license and regulate such privileges, occupations, trades, and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

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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, 1933, or under other applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of 35 years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations 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 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 36-203 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (16) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;

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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 and to regulate the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; 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 and to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance

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such other conduct and activities within said city which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (34) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance to provide punishment for violation of ordinance enacted hereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (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; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or

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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 Nahunta, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of one-half year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City of Nahunta, 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.

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(b) Forfeiture of office. The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of vacancies. A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and expenses. Each councilman shall receive a salary of $30.00 per month. The councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. The mayor shall be entitled to receive his actual and necessary expenses in excess of the $50.00 per month expense allowance of the mayor provided in Section 2.21 with the approval of the council. 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 and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.

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Section 2.17. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Nahunta 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 Nahunta and may enforce such ordinance by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.20. Chief executive officer. The mayor shall be the chief executive of the City of Nahunta. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.21. Term; qualification; 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 Nahunta, 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 Nahunta for a period of six months immediately preceding his election. He shall continue to reside in the City of Nahunta during the period of his service. The compensation of the mayor shall be $100.00 per month plus $50.00 per month as an expense allowance. Section 2.22. Powers and duties. As the chief executive of the City of Nahunta, the mayor shall:

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(a) see that all laws and ordinances of the city are faithfully executed; (b) appoint and remove all officers, department heads, and employees of the city except as otherwise provided in this charter; (c) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (d) prepare and submit to the council a recommended annual operating budget and recommended capital budget; (e) submit to the council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the council may request; (f) recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (g) call special meetings of the council as provided for in Section 2.31; (h) approve or disapprove ordinances as provided in Section 2.33; (i) examine and audit all accounts of the city before payment; (j) require any department or agency of the city to submit written reports with connection to the affairs thereof whenever he deems it expedient; (k) perform other duties as may be required by law, this charter, or ordinance. Section 2.24. Mayor pro tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason, any one of the councilmen chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.

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Section 2.30. Organization meeting. The council shall meet for organization on the first Monday in January in each even-numbered year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman, as the case may be) of the city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Following the induction of members, the council by majority vote of all of the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of two years and until his successor is elected and qualified. Section 2.31. Regular and special meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or two members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least 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 meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.32. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions

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of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.33. Quorum; voting. The mayor and two councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll-call vote. The affirmative vote of three councilmen or the mayor and two councilmen shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.34. Action requiring an ordinance. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Nahunta hereby ordains..... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilman and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. Section 2.35. Emergency ordinances . To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting

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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 or the mayor and two councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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 2.36. Codes of technical regulations . (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.37. Signing, authenticating, recording, codification, printing . (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be

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known and cited officially as The Code of the City of Nahunta, 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 Nahunta and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.38. Submission of ordinances to the mayor. (a) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of three members it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein.

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Section 3.12. Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.13. Board, 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.

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(b) No member of any board, commission, or authority shall hold any elective office in the city. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable State law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.21. Chief executive officer. The mayor shall be the chief executive officer of the government of the City of Nahunta. He shall be responsible to the council for the proper and efficient administration of the affairs of the city.

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Section 3.22. Powers and duties. As chief executive the mayor shall have such powers and duties as are vested in him by ordinance. Section 3.29. City manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance of the council, and in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City attorney. The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers, and employees of the city concerning legal aspects of the city's affairs and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.40. City clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. Tax collector. The council may appoint a tax collector to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.42. City accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.43. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

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Section 3.50. Position classification and pay plan. The mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Nahunta and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51. Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employees selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion, and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Nahunta. MAYOR'S COURT Section 4.10. Creation. There is hereby established a court to be known as the Mayor's Court of the City of Nahunta which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting.

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Section 4.11. Judge. (a) The mayor shall serve as judge. (b) The mayor pro tem shall serve in the absence of the judge. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The mayor's court shall try and punish for crimes against the City of Nahunta and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50.00 or seven days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for sixty 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 sixty days. (b) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of State law. (c) The mayor's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be, on order of the judge, declared forfeited to the City of Nahunta, 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 mayor's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The mayor's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Nahunta 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. Appeals. Any person convicted in the mayor's court shall have the right to apply for a writ of certiorari to the superior court of the county. Section 4.15. Rules for court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the mayor's court; provided, however, that the council may adopt in whole or in part the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the 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. REPRESENTATION - GENERAL PROVISIONS ARTICLE V. Section 5.10. Regular elections; time for holding. On the second Wednesday in October 1979, and on said date biennially thereafter,

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there shall be an election for the office of mayor. On the same day and month in 1979, four councilmen shall be elected to serve two years in the order of expiration of terms of those now serving as such and on said date biennially thereafter, there shall be an election for four councilmen. The terms of office of members of the council shall begin at the day and hour of taking of oath of office as provided in Section 2.21 of this charter. The four candidates for the office of councilmen who receive the highest number of votes shall be elected. 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 election in the City of Nahunta. CONDUCT OF ELECTIONS Section 5.20. Applicability of general laws. The procedures and requirements for election of all elected officials of the City of Nahunta 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 six months of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933, as now or hereafter amended. REMOVAL OF ELECTIVE OFFICERS Section 5.30. Grounds for removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes:

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(a) incompetence, misfeasance, or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) 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 one of the following methods: (a) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Brantley County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the judge of the probate court. (b) By information filed in the Superior Court of Brantley 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 Nahunta. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose.

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Section 6.12. Tax levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council and interest on general obligations. Section 6.13. Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.14. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.15. Licenses, occupational taxes, excise taxes. The council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of Nahunta, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience of advantage of the city; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe

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penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.16. Sewer service charges. The council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Nahunta, 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 priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.17. Sanitary and health services charge. The council shall have authority by ordinance to provide for, to enforce, to levy, and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.19. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers to tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa, whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold

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under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. BORROWING Section 6.20. General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.22. Short-term notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.30. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, or institution, agency, and activity of the city government, unless otherwise provided by State or federal law. Section 6.31. Preparation of budgets. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content, and form of such budgets and programs. Section 6.32. Submission of operating budget to city council. On or before a date fixed by the council but not later than sixty 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, explanation of major changes recommended for the next fiscal year, a general summary of the

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budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.33. Action by council on budget. (a) The council may amend the operating budget proposed by the mayor except that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The council shall adopt the final operating budget for the ensuing fiscal year not later than the fifteenth day of May of each year. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.34. Property tax levies. As the next order of business following adoption of the operating budget, the council shall levy by ordinance an annual tax on all real and personal property within the City of Nahunta. 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 Nahunta.

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Section 6.35. Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.36. Capital improvements budget. (a) On or before the date fixed by city council but not later than sixty days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants when passed by two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the fifteenth day of May of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.40. Contracting procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, 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 Nahunta.

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(b) The council may sell and convey any real or personal property owned or held by the City of Nahunta for governmental or other purposes, at a public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VIII. Section 8.10. Official bonds. The officers and employees of the City of Nahunta, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 8.11. Existing ordinances and regulations. Existing ordinances and resolutions of the City of Nahunta 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 Nahunta not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.

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Section 8.12. Section captions. The captions to the several Sections of this charter are informative only and are not to be considered as a part thereof. Section 8.13. 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 days or both such fine and imprisonment. Section 8.14. Specific repealer. An Act incorporating the City of Nahunta in the County of Brantley, approved July 28, 1925 (Ga. Laws 1925, p. 1273), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 8.15. Severability. In the event any section, subsection, sentence, clause or phrase of this charter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this charter, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared 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 charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill creating a new charter for the City of Nahunta, redefining the city limits and for other purposes.

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This the 6th day of December, 1979. Mayor and Council The City of Nahunta By: Earl Daniel Smith, City Attorney for The City of Nahunta 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 Brantley Enterprise which is the official organ of Brantley County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980. /s/ James C. Moore Representative, 152nd District Sworn to and subscribed before me, this 21st day of January, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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SMALL CLAIMS COURTS CREATED IN CERTAIN COUNTIES (32,300 - 32,700). No. 1215 (House Bill No. 1699). AN ACT To create and establish a small claims court in certain counties of this state; to prescribe the jurisdiction of said courts; to prescribe the pleading and practice in said courts; to provide for initial appointments and subsequent elections, duties, powers, compensation, qualifications, substitutions, and tenure of the judges of said courts; to provide for vacancies; to provide for qualifications of officers of said courts; to provide for clerks of and for said courts and for their duties and compensation; to provide for one or more marshals of and for said courts and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said courts; 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 for costs; to provide for contempt and the penalty therefor; to provide for validating the acts of said courts 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 in each county of this state having a population of not less than 32,300 and not more than 32,700 according to the United States decennial census of 1970 or any future such census. Said courts 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 counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.

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Section 2. (a) In order to serve as a judge of any small claims court created by this Act, a person must be a resident of the county in which he is appointed, be at least 25 years of age, be a member of the State Bar of Georgia or in lieu thereof be or become a certified justice of the peace within 12 months after appointment, and otherwise must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to or employed by said courts must be at least 21 years of age, be or become certified justices of the peace within 12 months after their respective appointments, and be residents of the county in which they are appointed or employed. Section 3. (a) The governing authority in any such county shall fix the compensation of the judge of such court but the same shall not be less than $15,000.00 per annum. (b) The judge shall appoint a clerk who shall be a certified justice of the peace and who shall have all of the criminal jurisdiction granted to justices of the peace by the laws of this state, including specifically the power to issue warrants. The governing authority shall fix the compensation of such clerk. (c) The judge or his clerk shall be available on a 24 hour basis, seven days a week, for the issuance of warrants to law enforcement officers for the apprehension of persons charged on oath with a violation of the penal laws of this state. Section 4. Whenever the judge of a small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, any judge of the superior court of the judicial circuit or any judge of a state court located in said counties, 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. All fees collected by the judge, as herein authorized, shall be accounted for and paid 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 marshal 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 $7.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (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 30 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 $9.50 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 $13.50, including service cost. 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 a small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The court shall be entitled to a fee of $9.50 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

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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 a 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 presiding in any such county may, from time to time, make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Section 14. The judge of a small claims court shall have the power to appoint one or more marshals of and for said small claims court to act within and throughout the limits of such county. Such marshals 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 marshal. Any such small claims court marshal 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 marshals shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such marshals shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such marshals shall be subject to

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removal from office for failure of duty or malfeasance in office, as are other lawful constables of this state. The sheriff of said counties and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio marshals of said court. Section 15. A judgment of a 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 such 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 a 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 a 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 County

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Page 4052

Section 18. On or before the effective date of this Act, the Governor shall appoint a duly qualified person to serve as the judge of each of said courts until December 31, 1980. Thereafter, the judges of said courts shall be elected at the general election immediately preceding the expiration of their respective terms of office. Successors to the judges of said courts shall assume office on the first day of January following their election, and they shall serve for terms of office of four years each and until their successors are elected and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the governing authority in such counties, and such successor shall serve until the next general election at which time a successor shall be elected.

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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 courts, shall be furnished by the governing authority in such counties. They shall also provide suitable facilities in county buildings for holding court. Section 20. Said small claims court shall have no designated terms at stated periods. The judges thereof shall, in each instance, set dates for all hearings and trials in each type of case. They shall also designate the time or times for the return of attachments and executions. Said judges shall have jurisdiction to issue summons of garnishment and other orders in accordance with the garnishment laws of this state. Section 21. Any judge of such courts shall have the power to impose fines of not more than $10.00 on, or to imprison for not longer than 24 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 marshal or sheriff for the execution of a fi. fa. shall be $7.00, 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 10 percent of the first $250.00 and 5 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.

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Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980. GAINESVILLE AREA PARK COMMISSION ACT. No. 1216 (House Bill No. 1705). AN ACT To create the Gainesville Area Park Commission and to authorize such commission, to acquire, construct, equip, maintain and operate a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, stadiums, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to confer powers and to impose duties on the Commission; to provide for the membership and for the appointment of members of the Commission and their term of tenure 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 Commission, payable from the revenues, tolls, fees, charges and earnings of the Commission including, but not limited to, earnings derived from leases and income from conveyances of real property of the Commission, and to pay the cost of such undertakings and authorize the collection and pledging of the revenues and earnings of the Commission for the payment of such bonds or obligations and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of City of Gainesville or Hall County shall be incurred in the exercise of any of the powers

Page 4055

granted by this Act; to make the bonds or obligations of the Commission exempt from taxation; to grant the Commission the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga.L. 1937, p. 761 et seq., as amended); to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title - This may be cited as the Gainesville Area Park Commission Act. Section 2. Gainesville Area Park Commission - (a) There is hereby created a body corporate and politic to be known as the Gainesville Area Park Commission (hereinafter Commission), 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 Commission or a trustee acting under a trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees thereof. The Commission is hereby granted the same exemptions and exclusions from taxes as are now or hereafter may be granted to cities and counties for the construction, acquisition and operation of facilities similar to facilities to be operated by the Commission as provided under the provisions of this Act. (b) The Commission shall consist of seven (7) members who shall be residents of Hall County within or without the corporate limits of the City of Gainesville. Initially the members shall be as follows: 1. James E. Mathis - four years from date of approval of Act;

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2. Ed Wayne - four years from date of approval of Act; 3. Hugh Mills - three years from date of approval of Act; 4. J. M. McRae - three years from date of approval of Act; 5. George Stump - two years from date of approval of Act; 6. Pierce Hancock - two years from date of approval of Act; and 7. James Rogers - one year from date of approval of Act. Thereafter, the City Commission of the City of Gainesville shall select their successors. Each member so selected shall serve a term of four years. The Commission shall elect one of its members as chairman and another member as vice chairman and it shall also elect a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the Commission and if not a member he or she shall have no voting rights. A majority of the members of the Commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the Commission by this Act. No vacancy shall impair the right of the quorum to transact any and all business as aforesaid. The members of the Commission shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Commission 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 Commission shall mean the Gainesville Area Park Commission created in Section 2 of this Act. The Commission shall have all powers of an Authority and everywhere the word Commission is used it shall include the word Authority, as said term is used in the Constitution of the State of Georgia and the statutes relating thereto.

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(b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of a recreation center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, stadiums, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the Commission 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 Commission's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers, the cost of all machinery, equipment and furnishings related to the operation of any project, financing charges, interest prior to and during construction, and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and other expenses necessary 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, and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Commission, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36 et.seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended, and such type of obligations may be issued by the Commission as authorized under said Revenue Bond Law and any amendments thereto and in addition, shall also mean obligations of the Commission the

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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 Commission, the revenues and earnings to be derived by the Commission therefrom and all properties used, leased and sold in connection therewith, together with grants which may be received for the benefit of the project from the United States of America or the State of Georgia or any agency or instrumentality of either of them, 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 Commission 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 or gift, or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or 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 disposition of the same in any manner it deems to the best advantage of the Commission; and if the Commission 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 Commission upon payment to the director, Fiscal Division, Department of Administrative Services for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Commission; and if the Commission shall deem it expedient to construct any project on any lands the title to which shall then be in Hall County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said municipalities,

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is hereby authorized to convey title to such lands to the Commission if said property is unserviceable or cannot be advantageously or beneficially used by said county or municipalities upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the Chairman of the Commission; (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations 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 Commission upon such terms and for such purposes as they deem advisable; (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 Commission or from such proceeds or other funds and any grant from the United States of America or the State of Georgia or any agency or instrumentality of either of them; (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;

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(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 Commission is 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 Commission was created, except as such right and power may be limited as provided in Section 17 hereof; (l) To do all things necessary or convenient to carry out the powers expressly given in this Act. (m) Notwithstanding anything to the contrary contained in this Act, the Commission shall exercise its powers only over lands which have heretofore been donated and conveyed by Johnson and Johnson to the City of Gainesville, Georgia, which land the Commission is hereby specifically authorized to receive and over lands contiguous thereto, which are donated to the Commission at any time in the future by any person, firm, corporation, or governmental entity. Section 5. Revenue Bonds - The Commission, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Commission 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 and to establish a reasonable debt service reserve in connection with any bond issue. 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 shall bear interest from the date of such bonds at such rate or rates as shall be determined by the Commission without regard to any limit prescribed in the Revenue Bond Law or any amendment thereto, or any other law. Interest on any such bonds

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shall be payable semi-annually, principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Commission, and may be made redeemable before maturity, at the option of the Commission, at such price or prices and under such terms and conditions as may be fixed by the Commission 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 procedures set forth in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga.L. 1937, p. 761 et seq.), as amended, and all procedures pertaining to such issuance, including the issuance of bonds in exchange for outstanding bonds, the validation certificate of the Clerk of the Superior Court, and the execution of the same, shall be the same as those contained in said Revenue Bond Law as now or hereafter amended. Section 6. Same; Form; Denomination; Registration; Place of Payment - The Commission 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 Commission 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, and the Commission may make such provisions for exchangeability, transfer and the like as the Commission may deem proper. Section 7. Same; Signatures; Seal - All such bonds shall be signed by the Chairman of the Commission and attested by the Secretary and Treasurer of the Commission and the official seal of the Commission shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Commission. Any coupon may bear the facisimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Commission by such persons as at the actual time of the execution of the 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

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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 this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Proceeds - The Commission may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Commission 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 Commission 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 Commission 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 meeting of the Commission by a majority of its members.

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Section 13. Credit Not Pledged - Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of City of Gainesville, Hall County, or the State of Georgia, nor a pledge of the faith and credit of said City, County, or State 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 City or said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 14. Trust Indenture As Security - In the discretion of the Commission, any issue of such revenue bonds may be secured by a trust indenture by and between the Commission 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, earnings or grants to be received by the Commission, including the proceeds derived from the sale from time to time of any surplus property of the Commission, 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 Commission in relation to the acquisition of property, the construction of projects, the maintenance, operation, repair and insurance of projects, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Commission, 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 Commission 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 Commission. 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

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indenture may contain such other provisions as the Commission 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 Commission 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 Commission, and the proceeds of any grants, unless otherwise pledged and allocated, may be pledged and allocated by the Commission to the payment of the principal and interest on revenue bonds of the Commission 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 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

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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 Commission, 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 Commission is hereby authorized to provide by resolution for the issuance of bonds of the Commission 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 Commission 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 Commission shall be brought in the Superior Court of Hall 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 Commission shall be confirmed and validated in accordance with the procedure of the Revenue

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Bond Law, as now or hereafter 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, agency or instrumentality of the United States Government, if subject to being sued and if consenting to same, which has contracted with the Commission for the services and facilities of or with respect to the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision, department, agency, 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 security for the payment of any such bonds of the Commission. 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 Commission issuing the same, the State and any municipality, county, authority, political subdivision, department, agency, or instrumentality, if a party to the validation proceedings, contracting with the Commission. Section 21. Interest of Bondholders Protected - While any of the bonds issued by the Commission remain outstanding, the powers, duties or existence of said Commission 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 Commission 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 Commission. The provisions of this Act shall be for the benefit of the Commission and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys Received Considered Trust Funds - All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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Section 23. Purpose of the Commission - Without limiting the generality of any provisions of this Act, the general purposes of the Commission are declared to be: acquiring, constructing, equipping, maintaining and operating a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, stadiums, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease or sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas; and doing any and all things deemed by the Commission 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 Commission 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, or contracts for the use of its land and 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 thereto thereafter made or the sale of any of its land and facilities. Section 25. Rules and Regulations for Operation of Projects - It shall be the duty of the Commission to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which recreational facilities shall be furnished.

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Section 26. Properties Exempt from Taxation - The properties of the Commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income, and such properties and the Commission shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof; provided, however, that the provisions of this Section shall not prohibit or inhibit the lease or use of Commission properties for private purposes which in the sole judgment of the Commission support the general purposes of the Commission. Section 27. (a) At the conclusion of each fiscal year of the Commission, the affairs of the Commission shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organ of Hall County as soon as the report of the auditors is submitted to the Commission. Section 28. Powers Declared Supplemental and Additional - The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Liberal Construction of Act. This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia, of Hall County, and of the City of Gainesville, shall be liberally construed to effect the purposes hereof. Section 30. Effect of Partial Invalidity of Act - Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 31. Repeal - This Act does not in any way take from the City of Gainesville, Hall County or any municipality located

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therein, the authority to own, develop, operate and maintain public parks and recreational facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. L. 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq.), as amended. Section 32. Repealer - All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1980 Session of the General Assembly for the State of Georgia, a Bill to create the Gainesville Area Park Commission and to authorize such Commission to acquire, construct, equip, maintain and operate recreational centers and areas; to provide for acquiring real and personal property; to convey powers and impose duties; to provide for membership and term of tenure; to authorize the issuance of revenue bonds or obligations; to authorize the execution of trust indentures to secure the payment of bonds; to provide that no debt of the City of Gainesville or Hall County shall be incurred in the exercise of any of the powers granted the Commission; to make the bonds or obligations exempt from taxation; to create the right of eminent domain; to authorize the issuance of refunding bonds; to provide that such bonds be validated by revenue bond law; to repeal conflicting laws and for other purposes. This 23rd day of January, 1980. Joe T. Wood Representative, 9th District, Post One Robert W. Lawson, Jr. Representative, 9th District, Post Two
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Jerry D. Jackson Representative, 9th District, Post Three Howard T. Overby State Senator, 49th 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 Gainesville Daily Times which is the official organ of Hall County, on the following dates: January 25, 31, 1980, February 7, 1980. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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WALKER COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 1217 (House Bill No. 1708). AN ACT To amend an Act creating the Walker County Water and Sewerage Authority, approved March 23, 1977, (Ga. L. 1977, p. 3303,et seq.) as amended, so as to change the compensation of each member of the Authority including the compensation of the Chairman; to provide an effective date; and to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating Walker County Water and Sewerage Authority approved March 23, 1977, (Ga. L. 1977, p. 3303, et seq.) as amended, is hereby amended by striking in Section 2, Paragraph (b) the next to last sentence thereof which reads as follows: The members of the Authority shall be entitled as compensation for their services an amount not to exceed $1,200.00 per year, payable in equal monthly payments, except the Chairman, who shall be entitled to receive for his services an amount not to exceed $1,500.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties., and substituting in lieu thereof the following: The members of the Authority shall be entitled as compensation for their services an amount not to exceed $2,400.00 per year, payable in equal monthly payments, except the Chairman, who shall be entitled to receive for his services an amount not to exceed $2,700.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties., so that when amended Paragraph (b) of Section 2 of said Act shall read as follows: Section 2.

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(b) The Authority shall consist of five members who shall be appointed by the Commissioner of Walker County. The Commissioner of Walker County shall be eligible and qualified to be appointed and serve as a member of the Authority, and the Commissioner may appoint himself as one of the members of the Authority. The initial members of the Authority shall be appointed by the Commissioner of Walker County as follows: one member shall be appointed for a term of office expiring on June 1, 1978; one member shall be appointed for a term of office expiring on June 1, 1979; one member shall be appointed for a term of office expiring on June 1, 1980; one member shall be appointed for a term of office expiring on June 1, 1981; and one member shall be appointed for a term of office expiring on June 1, 1982. The initial members of the Authority shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed by said Commissioner of Walker County in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of five years or until his respective successor is duly appointed and qualified. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments the members of such Authority shall enter upon their duties. The members of the Authority shall be entitled as compensation for their services an amount not to exceed $2,400.00 per year, payable in equal monthly payments, except the Chairman, who shall be entitled to receive for his services an amount not to exceed $2,700.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 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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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating the Walker County Water and Sewerage Authority, approved March 23, 1977, (Ga. L. 1977, p. 3303 et seq.) as amended; and for other purposes. This 7th day of January, 1980. Norman S. Fletcher, Attorney for Walker County Water and Sewerage Authority 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 9, 16, 23, 1980. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Page 4074

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating the Walker County Water and Sewerage Authority, approved March 23, 1977, (Ga. L. 1977, p. 3303 et seq.) as amended; and for other purposes. This 7th day of January, 1980. Norman S. Fletcher, Attorney for Walker County Water and Sewerage Authority Georgia, Walker County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Norman S. Fletcher, who, on oath, deposes and says that he is the Attorney for Walker County Water and Sewerage Authority, 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 9, 16 and 23, 1980. /s/ Norman S. Fletcher Attorney for Walker County Water and Sewerage Authority

Page 4075

Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Betty Jane Chambers Notary Public, Walker County, Georgia. My Commission Expires: 12/7/82. (Seal). Approved March 26, 1980. WALKER COUNTY RURAL WATER AND SEWER AUTHORITY ACT AMENDED. No. 1218 (House Bill No. 1710). AN ACT To amend an Act creating the Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. Laws 1967, p. 3370), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3526), so as to change provisions relating to the members of the authority and their selection; to provide for an annual meeting of users of the authority; 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 Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. Laws 1967, p. 3370), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3526), is hereby amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows:

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Section 2. Walker County Rural Water and Sewer Authority. (a) There is hereby created a body corporate and politic, to be known as the Walker County Rural Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. (b) The authority shall consist of five members, all of whom shall be residents of Walker County, Georgia, all of whom shall reside outside the corporate limits of any municipality in said county and shall at the time of appointment be users of the facilities of the authority. The provisions as to being a user shall not apply to the members of the authority originally appointed or to the members named in subsection (1) of this section. No member shall be eligible for reappointment for a period of two years from the expiration date of his previous term except a member appointed to fill a vacancy shall not be disqualified to be elected to that office by the users. Notwithstanding any other provision herein, all members of the authority shall serve until their successors are appointed and qualified. To be eligible for appointment no member shall have been found guilty of a felony. A member must be at least 21 years of age and a resident of Walker County for at least two years prior to his appointment. (c) The members shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary or treasurer or secretary-treasurer, who need not necessarily be a member of the authority. The chairman and vice-chairman, secretary, treasurer, and secretary-treasurer shall serve for a period of one year and until their successors are appointed and qualified. Three members of the authority shall constitute a quorum. (d) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the authority, by majority vote, shall appoint a person meeting the qualifications above set out for membership to serve until the next March meeting for the election of members. (e) Members of the authority shall lose their positions as such upon being found guilty of a felony, moving from Walker County,

Page 4077

moving into any municipality within Walker County, and by action of the Walker County grand jury for any act of misfeasance, malfeasance, or nonfeasance in the sole discretion of the said grand jury. (f) No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (g) 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. (h) The members of the authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (i) The authority shall have a complete audit of its financial record made at least once in each calendar year by a certified public accountant, and such audit shall be published in the official newspaper of Walker County at least once each calendar year and within one month of the submission thereof. (j) During the month of March, 1982, and in the month of March of each year thereafter, a meeting of those persons, firms, corporations, companies, and organizations who use the facilities of the authority shall be called by the authority for the purpose of electing successors to those members whose terms expire in such year and to elect a member to fill any unexpired term of a member whose office is vacant or filled by a replacement appointed by the members. If, for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting, the remaining members of the authority shall appoint, by majority vote, a duly qualified person as a member of the authority to serve until the next annual meeting of the users. (k) Annual meetings of the users of the facilities of the authority shall be held in March of each year. Such annual meeting shall be called by the authority, after notice thereof has been published in the newspaper in Walker County in which the sheriff's advertisements are published, at least ten days prior to the date of such

Page 4078

meeting. The authority is hereby authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections. (l) (1) As of April 1, 1979, the following persons shall begin serving as members: (A) C. H. Mathis of Rock Springs; (B) Carlos Allen of LaFayette; (C) Duran Crowder of LaFayette; (D) Neil McDaniel of Rock Springs; and (E) B. P. Durden of LaFayette. (2) All of said members shall serve at least until the March, 1982, meeting. At some time before March, 1982, the members shall select one member whose successor shall be elected in March, 1982; one member whose successor shall be elected in March, 1983; one member whose successor shall be elected in March, 1984; one member whose successor shall be elected in March, 1985; and one member whose successor shall be elected in March, 1986. (3) All successors to the above-named members shall serve for five years. 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 session of the General Assembly, 1980, a bill to amend the act

Page 4079

creating the Walker County Rural Water and Sewer Authority, so as to provide for successors to the original members of the Walker County Rural Water and Sewer Authority and to extend their terms of office until the system is in operation or until new members are appointed by the first Grand Jury empaneled by the Superior Court of Walker County in the year 1983, whichever event first occurs. This the 20th day of December, 1979. Burton Brown, Attorney for Walker County, Rural Water and Sewer Authority 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 2,9,16,1980. /s/ Wayne Snow, Jr. Representative, 1st District

Page 4080

Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY ACT AMENDED. No. 1219 (House Bill No. 1728). AN ACT To provide for the powers and purposes of the East Point Business and Industrial Development Authority; to change the composition of the membership of the Authority; to change the definition of a certain term; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the rights, powers, immunities and duties conferred and imposed upon the East Point Business and Industrial Development Authority, herein called the Authority, by the amendment to the Constitution of the State of Georgia (Ga. Laws 1975, p. 1705) ratified at the 1976 general election, the Authority shall have the further rights, powers, immunities and duties conferred and imposed upon Development Authorities in accordance with the provisions of the Development Authorities Law, Ga. Laws 1969, p. 137 (codified in Ga. Code Ann. Ch. 69-15),

Page 4081

as such rights, powers, immunities, and duties now exist and may hereafter be enlarged by law. Section 2. The Authority shall not transact any business or exercise any powers hereunder until the governing body of the City of East Point shall, by proper resolution, declare that there is a need for the Authority to function in such municipal corporation as a Development Authority under the provisions of the Development Authorities Law. A copy of said resolution shall be filed with the Secretary of State. Section 3. (a) After the effective date of this Act, the Authority shall consist of seven (7) members, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated member from the City Council of the City of East Point. (b) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months shall be eligible for nomination to membership on the Authority. (c) Composition and Appointments. The remaining six positions for membership in the Authority shall be comprised as follows: Three of the six positions shall be filled through a process of nomination by the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point shall submit two nominees to the City Council of the City of East Point from which said City Council shall select one of said nominees to serve as a member of the Authority. In the event the City Council is unsatisfied with both of the names submitted, it may request the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point to submit new nominees repeating the process until a member has been selected. The remaining three positions for membership on the Authority shall be filled by the aforesaid process of nomination by the Planning and Zoning Commission. One of said positions shall be filled by submitting two names from the Planning and Zoning Commission to the Mayor and Council for selection of one of the members of the Planning and Zoning Commission as a member of the Authority. Provided that the member of the Authority appointed as a member of the Planning and Zoning Commission must, in order to remain qualified as a member of the Authority, continue throughout the term of membership on the Authority as a

Page 4082

member of the Planning and Zoning Commission. The remaining two positions shall be filled by the nomination process through the Planning and Zoning Commission from the citizenry of the City of East Point. The Mayor of the City of East Point or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the Three (3) positions filled by nominations from the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point and the Planning and Zoning Commission of the City of East Point, one position shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and one position for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secreatry-Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of

Page 4083

members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. Section 4. As used in conjunction with the East Point Business and Industrial Development Authority and under the provisions of the Constitution and this Act, the word projects or project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of any public project, and shall include but not necessarily be limited to public buildings or other public facility, parking lots, garages, or other parking structures, public meeting and exhibition space, or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of East Point and thereby better protect the lives and property of its residents and others using its streets. 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 the City of East Point, Georgia, intends to apply for the passage of local legislation in the 1980 regular session of the General Assembly of Georgia, which convenes in January, 1980. The title of the bill or bills to be introduced shall be entitled as follows: An Act to amend a resolution proposing an amendment to the Constitution of the State of Georgia so as to create the East Point Business and Industrial Development Authority (Ga. L. 1975, 1705, et seq. as approved by ratification of the constitutional amendment in the general election of 1976) to amend the powers and purposes of the authority; to repeal conflicting laws; and for other purposes.

Page 4084

This 8th day of January, 1980. City of East Point By: George N. Sparrow, Jr. Attorney for the City of East Point and East Point Business and Industrial Development Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane who, on oath, deposes and says that he/she is Representative from the 40th 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 23, 30, 1980, February 6, 1980. /s/ Dick Lane Representative, 40th District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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MITCHELL COUNTY CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 1220 (House Bill No. 1733). AN ACT To abolish the present mode of compensating the clerk of the Superior Court of Mitchell 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 Mitchell 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. he clerk of the superior court shall receive an annual salary to be determined within the discretion of the governing authority of Mitchell County, except that the annual salary shall never be less than the minimum annual salary provided by general law for a clerk of the superior court in a county having the same population as Mitchell County. The salary shall be payable in equal monthly installments from county funds. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county

Page 4086

treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. Subject to the provisions of Section 6, 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 Mitchell County. Section 6. Not later than the second Monday of September in each year the clerk of the superior court shall submit a proposed budget for his office for the ensuing budget year to the county governing authority. The proposed budget shall include the salary of the clerk, the number and salaries of employees of the clerk, and all other lawful expenditures proposed for the operation of the office of the clerk. The county governing authority, after consultation with the clerk shall decide, within its discretion, on the final budget. The

Page 4087

decision of the county governing authority on the budget shall be binding on all parties for the ensuing calendar year. Section 7. 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 Intent to Introduce Local Legislation. Notice is hereby given that legislation will be applied for during the 1980 session of the Georgia Legislature, placing the Clerk of Superior Court of Mitchell County on salary, fixing the salary of such office and for other purposes. Board of Commissioners of Mitchell County Frank S. Twitty, Sr. County Attorney. Camilla, Georgia Georgia, Mitchell County. Personally appeared before me the undersigned officer authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear. Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 11, 18 and 25, 1980. /s/ B. T. Burson

Page 4088

Sworn to and subscribed before me, this 31st day of January, 1980. /s/ Kellie P. White Notary Public. My Commission Expires Sept. 13, 1982. (Seal). Approved March 26, 1980. MITCHELL COUNTY PROBATE JUDGE PLACED ON SALARY BASIS. No. 1221 (House Bill No. 1735). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Mitchell County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said office shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide 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 Mitchell County, known as the fee system, is hereby abolished, and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.

Page 4089

Section 2. The judge of the probate court shall receive an annual salary to be determined within the discretion of the governing authority of Mitchell County, except that the annual salary shall never be less than the minimum annual salary provided by general law for a judge of the probate court in a county having the same population as Mitchell County together with the compensation as provided by law for the judge of the probate court of any county who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly. The annual salary shall be paid 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, moneys, and all other emoluments and perquisites formerly allowed him as compensation for all services in any capacity, excepting compensation as local registrar and local custodian of vital records, including issuing certified copies, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the sources thereof. Section 4. Subject to the provisions of Section 6, 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 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 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

Page 4090

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 shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, telephones, utilities, uniforms, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Section 6 . Not later than the second Monday of September in each year the judge of the probate court shall submit a proposed budget for his office for the ensuing budget year to the county governing authority. The proposed budget shall include the salary of the judge, the number and salaries of employees of the judge, and all other lawful expenditures proposed for the operation of the office of the judge. The county governing authority, after consultation with the judge shall decide, within its discretion, on the final budget. The decision of the county governing authority on the budget shall be binding on all parties for the ensuing calendar year. Section 7 . 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 Intent to Introduce Local Legislation. Notice is hereby given that legislation will be applied for during the 1980 session of the Georgia Legislature, placing the Judge of Probate Court of Mitchell County on salary, fixing the salary of such office and for other purposes. Board of Commissioners of Mitchell County Frank S. Twitty, Sr. County Attorney Camilla, Georgia

Page 4091

Georgia, Mitchell County. Personally appeared before the undersigned officer authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear. Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 11, 18 and 25, 1980. /s/ B. T. Burson Sworn to and subscribed before me, this 31st day of January, 1980. /s/ Kellie P. White Notary Public. My Commission Expires Sept. 13, 1982. (Seal). Approved March 26, 1980. COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY CREATED. No. 1222 (House Bill No. 1736). AN ACT To create the Cobb-Marietta Coliseum and Exhibit Hall Authority; to authorize the authority to acquire, construct, improve, alter,

Page 4092

repair, operate, and maintain self-liquidating projects embracing buildings and facilities to be used for amusement, recreational, or educational purposes and for fairs, expositions, or exhibitions in connection therewith and to acquire and construct all property and things necessary or convenient for the purposes of such project and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent domain, and impose duties on the authority; to designate the procedure for the selection of members of the authority; to authorize the authority and the various cities, towns, municipalities, and counties of the state to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings or other funds of the authority to pay the cost of such projects; to authorize the collection and pledging of revenues and other funds and assets of the authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust instruments, mortgages, and encumbrances of the authority's property to secure the payment of such bonds; to provide rights for the holders of such bonds; to provide that such bonds shall not constitute a debt of the state nor of any city, town, municipality, or county thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue or jurisdiction of the actions relating to any provisions of this Act; to limit the period of time in which any action may be brought to contest the validity of such bonds or of any security provided therefor; to provide for the severability of the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It is hereby declared that there exists in Cobb County and the North Georgia Area a need for an authority to function without profit in developing and promoting for the public good in this state the cultural growth, public welfare, education, and recreation of the people of this state.

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Section 2 . There is hereby created a public body, corporate and politic, to be known as the Cobb-Marietta Coliseum and Exhibit Hall Authority, which shall be deemed to be an instrumentality and a subordinate public corporation of the State of Georgia. Any funds realized by said authority shall be expended for the development and promotion in this state of the cultural growth, public welfare, education, and recreation of the people of this state including the erection and construction of a building or buildings which shall and hereby are declared to be public buildings to be used for amusement purposes or educational purposes or a combination of the two, and for fairs, expositions, or exhibitions in connection therewith, and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith. Section 3 . (a) The authority shall consist of seven members. The board of commissioners of Cobb County shall choose three members who shall serve as members of Posts 1, 2, and 3, respectively. The council of the City of Marietta shall choose three members who shall serve as members of Posts 4, 5, and 6, respectively. The seventh member who shall serve as a member of Post 7 shall be chosen by a majority vote of the members of Posts 1 through 6. (b) Should the members of Posts 1 through 6 fail to appoint a member of the authority as provided herein within 30 days of a vacancy in Post 7, any person may bring an action in the Superior Court of Cobb County alleging a failure to appoint such a member. The senior judge of such court shall issue a rule nisi ordering the members of the authority to show cause why a seventh member should not be appointed. After a hearing as described herein the senior judge may appoint a member to serve in Post 7 or take other action to fill said post. (c) The members of the authority shall serve for a term of five years or until their successors are selected and qualified. The terms of the initial members of the authority shall expire as follows: Post 1 June 1, 1983 2 June 1, 1984 3 June 1, 1985 4 June 1, 1983 5 June 1, 1984 6 June 1, 1985 7 June 1, 1985

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(d) Vacancies on the authority shall be filled by the body designated to fill such posts described in subsection (a) above. The appointment of any person to fill an expired term shall be only for the remainder of such term. (e) The board of commissioners and council of the City of Marietta shall proceed to select the members of the authority immediately after the effective date of this Act. Immediately after the selection of the members appointed by the board of commissioners and council of the City of Marietta, the members shall meet and select a member for Post 7 as required by this Act. (f) After selection of a person to serve in Post 7, the members shall organize and enter upon the performance of their duties. (g) The authority shall elect one of its members as chairman and another as vice-chairman, and shall elect a secretary-treasurer, who may, but need not necessarily, be a member of the authority. (h) Four 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 shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. (i) If at any time, by reason of common disaster, or by reason of the failure of the members of the authority hereby appointed to accept their appointment, or for any other reason, there shall not be sufficient members of the authority willing and able to meet and constitute a quorum, any resident of the State of Georgia may file in the office of the clerk of the Superior Court of Cobb County, Georgia, a petition directed to the Superior Court of Cobb County against the authority setting forth that there are not sufficient members of the authority willing and able to meet and constitute a quorum, and setting forth the reason or reasons therefor, and showing the necessity of having a sufficient number of members of the authority appointed in order that a quorum may be available, and shall obtain from the judge of the said court an order requiring the authority to show cause at such time and place, either in term or

Page 4095

chambers, within 20 days of the filing of the petition, as the judge may direct, why the said judge should not appoint sufficient members to the authority to enable the authority to obtain a quorum. In the event there is no officer or agent of the authority upon whom service may be made, and the court shall so find, the cause shall proceed to be heard ex parte. At the time designated for the hearing of said cause the judge of said court shall proceed to hear and determine all questions of law and of fact in said cause and shall render judgment thereon, and, in the event said judgment shall find that a necessity exists for the making of such appointment or appointments, such judge shall then make such appointment or appointments either for the remainder of an unexpired term or terms or for such new term or terms as may not have been filled, and shall include such appointment or appointments in said judgment, and, if the petitioning party or parties shall be dissatisfied with said judgment the petitioning party or parties may except thereto within 20 days from the date of the judgment, and said judgment shall be reviewable as are other final judgments of the court. (j) The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses property incurred in the performance of their duties. The authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, experts, 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 4 . It is hereby found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state, and that the authority is an institution of purely public charity, and 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 public general welfare in

Page 4096

matters of cultural development, education, pleasure, 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 Cobb County and the North Georgia Area, 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 non-taxable for any and all purposes. Section 5. As used in this Act, the following words or terms shall have the following meanings: (1) The word authority shall mean the Cobb-Marietta Coliseum and Exhibit Hall Authority created by this Act. (2) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of multiuse coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms, or corporations whether public or private 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. The authority shall have the right to acquire and construct more than one project and any combination of facilities may be constructed as a separate project.

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(3) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, or the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) The term revenue bonds, bonds, and obligations, as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Laws of Georgia (Ga. Laws 1957, p. 36), 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, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (5) 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 principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 6. The authority shall have powers: (1) To adopt and alter a corporate seal. (2) To acquire by gift or by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation

Page 4098

of property for public use, lands, easements, or rights in lands, or franchises necessary or convenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public. (3) To receive and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants 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 thereof shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets. (4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for such notes or revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof, and provide for foreclosure or forced sale of any property of the authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued. (5) To make contracts and leases and to execute all instruments necessary or convenient, with any and all persons, firms, and corporations and any city, town, municipality, consolidated government, county, or other political subdivision, or departments, institutions, or agencies of this state including contracts for construction of any project and leasing of any project and contracts with respect to the use and management of any project and any and all persons, firms, and corporations and any city, town, municipality, consolidated government, county, or other political subdivision, department, institution, or agency of this state is hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and any such project shall be

Page 4099

for the development and promotion in this state of the cultural growth, public welfare, education, and recreation of the people of this state and accordingly all such projects shall, and hereby are declared to be, public buildings to be used for public purposes; and without limiting the generality of the foregoing, authority, right, and power are hereby specifically granted to any such city, town, municipality, county, or consolidated government to enter into and make contracts, lease agreements, and other undertakings with the authority with respect to the furnishing of services and facilities by the authority and for the payments of rents, fees, and charges for the use by such cities, towns, municipalities, or consolidated governments or the residents thereof of any project; and the rentals contracted to be paid by the lessees or tenants to the authority under any such contracts or leases entered into pursuant to the provisions of this Act shall constitute general obligations of any such city, town, municipality, county, or consolidated government for the payment of which the full faith and credit of such city, town, municipality, county, or consolidated government shall be and the same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract or lease; and any such city, town, municipality, county, or consolidated government which shall have entered into such a contract or lease pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract or lease include in a general revenue or appropriation measure, within any millage limitations of its power of taxation and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract or lease until all payments required under such contract or lease have been paid in full, and such contract or lease payments shall constitute a first charge on all such sums so appropriated, and such sums shall be and hereby are unconditionally obligated to the payment of such contracts or leases; provided, however, that such payments shall not impair existing obligations of such city, town, municipality, county, or consolidated government. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such city, town, municipality, county, or consolidated government are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract or lease. The amount of the appropriation

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in each fiscal year to meet the obligations of such contract or lease as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract or lease, and such appropriation shall have the same legal status as if the contracting city, town, municipality, county, or consolidated government had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made; and any such city, town, municipality, county, or consolidated government may obligate itself and its successors under any such contract or lease to use only such structures, buildings, or facilities constituting such project and none other. (6) To construct, reconstruct, acquire, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects, including the erection of a building or buildings, which shall and hereby are declared to be public buildings to be used for amusement purposes or educational purposes, or a combination of the two, and for fairs, expositions, or exhibitions in connection therewith, and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith; the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the authority, and the title to such property to be held by the authority only for the benefit of the public. (7) To issue revenue bonds in such amounts and denominations during the life of the authority so as to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, addition to, or extension of such project as the authority in its judgment may deem just, proper, and necessary. All revenue bonds issued pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia. (8) To issue revenue bonds to call, refund, or refinance, in whole or in part, all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the cost of

Page 4101

the issuance of such bonds any call premium that may be required for the redemption and refunding of such outstanding bonds. (9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereof and 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. (10) To invest any accumulation of its funds and any sinking funds or reserves in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested and to purchase its own bonds at a price of not more than the principal thereof and accrued interest. All bonds so purchased shall be canceled. Section 7. In addition to the foregoing powers and subject to any limitations herein contained the authority shall have all the powers of municipalities under the provisions of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, including, but not limited to, the authority to expend from any funds available or to obligate itself to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project. Section 8. Revenue bonds issued under provisions of this Act shall not be deemed to constitute a debt or a pledge of the faith and credit of the State of Georgia or of any city, county, or other political subdivision of the same, but such bonds shall be payable from the rentals, revenues, and funds of the authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or any city, county, or political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No holder of any such bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of any city or county thereof, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.

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Section 9. The bonds herein authorized are hereby made securities in which all public officers and bodies of this state and all municipalities and all muniipal 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, 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 municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. Section 10. The authority shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or combination of its projects during the life of the authority. The principal and interest of such revenue bonds shall be payable solely from, and may be secured by, a pledge of rents, fees, charges, and other revenues of all or any part of the project or projects financed in whole or in part with the proceeds of such bonds, or with the proceeds of bonds called and refunded, or to be called and refunded by such issue. The bonds of each issue shall be dated, shall bear interest, shall mature, shall be payable as to both principal and interest as may be determined by the authority within the terms of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, and the bonds may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in its resolution providing for the issuance of the bonds. Section 11. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to collect rents, fees, and charges on each project which it shall cause to be constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so

Page 4103

fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on said revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirement contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds, or may be dictated by the requirements of such resolution or trust agreement or indenture, or of achieving ready marketability of and low interest rates on such bonds; (6) To pay any expenses in connection with such bond issue or such project or projects, including but not limited to, trustees, counsel, and fiscal fees. (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor, and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;

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(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction. If such projects be included in any rental contract or lease, then the operation, maintenance, repair, and reconstruction, if necessary, may be performed by the cities, towns, municipalities, or counties which may be the tenants or lessees under such rental contract or lease; (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on, or by reason of, the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on, or by reason of, the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees, and consent is hereby given for the institution of any such action. (f) The authority shall be permitted to assign any rental to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 12. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued may be pledged by the authority to payment of principal and interest on revenue bonds of the authority

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as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals for which provision may be made in any such resolution or trust instrument, or sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired upon call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. Section 13. 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 bonds as to the principal alone and also as to both principal and interest. Section 14. In the discretion of the authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with 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 agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond holders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation, and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project or projects necessary to pay all costs of operation or reserves provided for, the principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to

Page 4106

accomplish the collection of such sums in the event of any default of the authority. Such resolution or trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation and maintenance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bond holders and of the trustee and may restrict the actual right of the bond holders as is customary in securing bonds and debentures of corporations. Such trust agreement or indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bond holders. All expenses paid in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. Section 15. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court which shall have exclusive, original jurisdiction of such acts. Section 16. (a) All bonds of the authority shall be confirmed and validated in the Superior Court of Cobb County in accordance with the procedure of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8. The petition for validation shall be brought against said authority and, in the event the payments to be made by any city, town, municipality, or county under a contract entered into between the authority and such political subdivision are pledged as security for the payment of the revenue bonds sought to be validated, such political subdivision or subdivisions shall also be made parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such subdivision or subdivisions. It shall be incumbent upon such subdivision or subdivisions to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing

Page 4107

required to be issued and published by the clerk of the Superior Court of Cobb County, in which court such validation proceeding shall be initiated. Any resident of the State of Georgia may intervene in the validation proceedings at or before the time set for the validation hearing and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or contracts on his own behalf and on behalf of all citizens and residents of the State of Georgia. In the event no bill of exceptions shall be filed within 20 days from the date of the judgment of validation or, if filed and the judgment shall be affirmed by the proper appellate court of this state, the judgment of the Cobb County Superior Court so confirming and validating the validity and binding effect of such contract or contracts, and of such bonds and the security therefor, shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds, and the security therefor, and upon the issue of the validity and constitutionality of this and any other act pertaining to such contracts and bonds and the security therefor against the authority issuing the same, and against the parties to such contracts, and against all residents of the State of Georgia. (b) Any action or proceeding to contest the validity or binding effect of any such revenue bonds, or resolution, or trust instrument pertinent thereto, or any contracts made for the purpose of providing the payment of such bond as aforesaid must be commenced and filed prior to the conclusion of the validation hearing, notice of which shall have been given as provided by law. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts shall be asserted, nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the conclusion of such validation hearing. Section 17. 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. The provisions of this Act shall be for the benefit of the state, the authority, and every holder of the authority's bonds and, upon and after the issuance of bonds under

Page 4108

the provisions of this Act, shall constitute an irrevocable contract with the holders of such bonds. Section 18 . All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act, and the bond holders paying or entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the authority. Section 19 . This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 20 . 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 21 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 22 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 23 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1980 session of the General Assembly for the passage of an act creating a Cobb-Marietta Coliseum and Exhibit Hall Authority; to provide for its purposes, scope, powers, revenues and limitations, and for the designation of its governing commission; and for other purposes. Any matter germane to this general subject may be included in other legislation or amendments thereto. This 22 day of January, 1980. Joe Mack Wilson Representative, 19th District, Post 1 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/she 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 25, February 1, 8, 1980. /s/ Roy E. Barnes Senator, 33rd District

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Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. LONG COUNTY SMALL CLAIMS COURT CREATED. No. 1223 (House Bill No. 1738). AN ACT To create and establish a Small Claims Court of Long County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, 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.

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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 of Long 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 . Within 30 days after this Act becomes of full force and effect, the senior judge of the Superior Court of Long County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Long County and to serve from the date of such appointment to the thirty-first day of December, 1980, following such appointment. Thereafter, the judge of the Small Claims Court of Long County shall be appointed by the senior judge of the Superior Court of Long County 30 days prior to the expiration of the term of the judge of said court and shall serve for a term of office of four years. Thereafter, successors to the judge of the Small Claims Court of Long 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 Long County, in the sole discretion of the appointing judge. Section 3 . (a) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Long County, be at least 22 years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to or employed by said court must be at least 21 years of age and must be residents of the county. Section 4 . Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any

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duty whatever appertaining to his office, any judge of the Superior Court of Long 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 . 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 . All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 7 . (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. 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.

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(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 30 days from the date of the service of said notice. Section 8 . A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 9 . (a) The plaintiff, when he files his claim, shall deposit the sum of $12.00 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 $12.00. 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 $12.00 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 10 . (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 11 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Section 12 . When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 13 . The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 14 . The chief judge of the Superior Court of Long County may, from time to time, make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and 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 15 . 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. Any such small claims court bailiff 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 16 . 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 17 . 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 18 . 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 Long County

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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 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 $10.00 on, or to imprison for not longer than 24 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 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $5.00.

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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 adjudiciation 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 1980 session of the General Assembly of Georgia, a bill to create a Small Claims Court of Long County; and for other purposes. This 10th day of January, 1980. 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 Ludowici News which is the official organ of Long County, on the following dates: January 24, 31, 1980, February 7, 1980. /s/ Thomas B. Clifton, Jr. Representative, 121st District

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Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. DOUGLAS COUNTY COMPENSATION OF BOARD OF EDUCATION, REFERENDUM. No. 1224 (House Bill No. 1740). AN ACT To provide for the compensation of the members of the Board of Education of Douglas County; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The members of the Board of Education of Douglas County shall be compensated as provided for by the general laws of this state relating to compensation for members of county boards of education, as such laws may be now or hereafter amended. Section 2. After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of

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the election superintendent of Douglas County to issue the call for an election for the purpose of submitting this Act to the electors of the Douglas County School District for approval or rejection. The election superintendent shall set the date of the election for the same day in 1980 when members of the General Assembly are to be elected and shall issue the call for that election at least 30 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall have written or printed thereon the following: [] YES [] NO Shall the Act provide for the compensation of the members of the Board of Education of Douglas County be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Douglas County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced in the Regular 1980 Session of the General Assembly of Georgia a bill to provide for the compensation of the members of the Board of Education of Douglas County; and for other purposes. This 18th day of January, 1980. Hon. Thomas M. Kilgore Representative, 65th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore who, on oath, deposes and says that he/she is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 24, 31, 1980, February 7, 1980. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. CITY OF COHUTTA CORPORATE LIMITS, REFERENDUM. No. 1225 (House Bill No. 1754). AN ACT To amend an Act creating a new charter for the City of Cohutta, approved April 10, 1969 (Ga. Laws 1969, p. 2529), so as to change

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the corporate limits of the town; to provide for a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Cohutta, approved April 10, 1969 (Ga. Laws 1969, p. 2529), is hereby amended by designating the existing text of Section 1.03 as subsection (a) and by adding thereafter a new subsection (b) to read as follows: (b) The corporate limits shall further include: Those certain tracts or parcels of land lying and being in Land Lots 98, 99, 117, 118, 119, 136 and 137 of the 11th District and 3rd section of Whitfield County, Georgia, and being more particularly described as follows: Beginning at a point on the north line of Land Lot 98, located 700 feet west of the northeast corner of Land Lot 98, thence in a southwesterly direction to the northeast corner of the property now or formerly owned by Dalton Utilities, thence in a southerly direction along the east boundary of said property to the south line of Land Lot 119, thence west along the south line of Land Lot 119 to the west right of way of Wheeler Dam Road, thence in a northerly direction along the west right of way of Wheeler Dam Road for a distance of 1000 feet, thence in a westerly direction through the lands of Pamplin, Meager, Cross, and Thomason and Cook, intersecting a point on the west line of Land Lot 118, 850 feet north of the southwest corner of Land Lot 118, continuing in a straight line approximately 1000 feet to the east right of way of the Cohutta - Varnell Road, thence in a southerly and westerly direction along said right of way approximately 2100 feet to a point 250 feet north of the of the south property line of C.E. Henderson, thence in a westerly direction intersecting the east line of Land Lot 137 at a point 250 feet north of the south property line of C.E. Henderson, continuing in a straight line to a point 200 feet west of the east line of Land Lot 137, thence in

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a northerly direction to a point 350 feet south of the north line of Land Lot 137 and 200 feet west of the east line of Land Lot 137, thence in an easterly direction to a point on the east line of Land Lot 137, being 350 feet south of the northeast corner of Land Lot 137, thence in a north-northeasterly direction to the southwest corner of the property now owned by Don and Peggy Henderson, thence in a northerly direction along said property line to the northwest corner of said property, thence in an easterly direction along said property line to its intersection with the southwest right of way boundary of Standifer Road, thence directly across Standifer road to the northeast right of way boundary of said road, thence along the east and north right of way of said road to its intersection with the northwest right of way of the Cohutta-Varnell Road, thence along the northwest right of way of the Cohutta-Varnell Road to the west line of Land Lot 118, thence north along the west line of Land Lot 118 to the southwest corner of Land Lot 99, thence diagonally to the Northeast corner of Land Lot 99, thence east along the north line of Land Lot 98 to the point of beginning. Section 2. (a) Not less than one nor more than ten days after the date of approval of this Act by the Governor or the date on which it otherwise becomes law without his approval, it shall be the duty of the election superintendent of the City of Cohutta to issue the call for an election for the purpose of submitting this Act to the voters of the area proposed to be annexed hereby for approval or rejection. (b) The superintendent shall set the date of the election for a date 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 of the election in the official organ of the city. (c) The ballot shall have printed thereon the following words: [] YES [] NO Shall the Act annexing certain tracts of land to the City of Cohutta be approved? (d) All persons desiring to vote in favor of approval of this Act shall vote Yes, and those persons desiring to vote for rejection of this Act shall vote No. If more than one-half of the

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votes cast by the voters residing in the area to be annexed by Section 1 of this Act are in favor of this Act, then it shall become of full force and effect; otherwise it shall be void and of no force or effect. (e) At least 15 days prior to said election, the election superintendent of the City of Cohutta shall prepare a separate list of voters residing in the area proposed to be annexed by this Act who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Whitfield County shall furnish any information which may be required in the preparation of said list of voters by the election superintendent of the City of Cohutta; and the City of Cohutta shall pay to Whitfield County the actual expenses of furnishing such information as is required. (f) It shall be the duty of the election superintendent of the City of Cohutta to hold and conduct such election and to certify the results of the vote in the affected area to the Secretary of State. The expense of the election shall be borne by the City of Cohutta. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act incorporating the Town of Cohutta, approved April 10, 1969 (Georgia HB 645, Act 237) so as to call for a referendum for the purpose of including within the corporate limits of said town certain or all parts of land lots 96, 98, 99, 117, 118, 119, 136 and 137, presently not incorporated in the Town of Cohutta, and for other purposes. This 23 day of January, 1980. Hon. Tom Ramsey Representative, 3rd District

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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: January 25, February 1, 8, 1980. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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UPSON COUNTY FIRE PROTECTION DISTRICTS. No. 1226 (House Bill No. 1756). AN ACT To provide for the establishment of fire protection districts in Upson County, Georgia, pursuant to constitutional provisions relative thereto; to provide that the governing authority of Upson County may establish, constitute and, from time to time, re-establish, reconstitute or discontinue fire protection districts; and that the powers and authority herein granted the governing authority of Upson County shall be in addition to, and cumulative of, all other powers and authority such governing authority may now have, or may hereafter have, under other laws; to provide definitions of certain terms and words; to authorize contracts with municipal corporations and with private persons, private corporations, public bodies, political subdivisions and agencies of this State; to authorize Upson County to levy a tax only upon the taxable property in any such fire protection district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election held for that purpose; to provide the procedure for holding such elections; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to Article IX, Section V, Paragraph III of the Constitution of the State of Georgia of 1976, the Board of Commissioners of Upson County, Georgia, as the governing authority of said county, is hereby authorized to establish, administer and abolish and, from time to time, to discontinue, re-establish, reconstitute and administer, within the unincorporated areas of said county districts for the purpose of providing fire protection services and systems of fire protection. In establishing any such district, or in discontinuing or abolishing any district and re-establishing another district, the governing authority of said county may prescribe such areas and bounds for such district and may change or re-define the areas and bounds for the establishment or re-establishment of any such district, from time to time, as the governing authority shall deem advisable.

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Section 2. As used in this Act, the term fire protection may include hydrants, fire stations and the fixtures and equipment thereof, and such fire engines, material, equipment, appliances and supplies, together with personnel to operate the same, as may be necessary to furnish fire protection in any and all of the unincorporated areas of Upson County. Section 3. If the Board of Commissioners of Upson County, as the governing authority of said county, shall at any time determine that any areas, districts or sections of said county not within the corporate limits of any municipality need the protection and services of a fire protection system, Upson County may enter into one or more contracts with any one or more of the municipalities, now or hereafter located within the State of Georgia, under which any such municipality or municipalities may provide whatever fire protection services are so determined to be needed or may provide therefor a separate fire protection system. Section 4. If the Board of Commissioners of Upson County, as the governing authority of said county, shall at any time determine that any areas, districts or sections of said county not within the corporate limits of any municipality need the protection and services of a fire protection system, Upson County may enter into one or more contracts with private persons and private corporations, as well as with municipal corporations, public bodies, political subdivisions and agencies of this State, for the purpose of establishing, administering and maintaining such districts and providing the fire protection services and systems as herein authorized. The governing authority of said county is hereby authorized to negotiate any such contract on such terms and conditions as the governing authority shall deem appropriate and in the best interests of said county and may execute any such contract for and on behalf of said county; provided, however, that the terms or period of any such contract shall not exceed twenty (20) years. Section 5. The costs for district fire protection shall be borne by the particular fire protection district, as established hereunder, which is to benefit therefrom and shall be paid by a tax levied only upon the taxable property in such district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting

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in an election for that purpose, held as hereinafter provided. Money collected under any such levy shall be used for the aforesaid purposes in the fire protection district only in which such taxes are levied and not in any other fire protection district of said county. Section 6. Upson County is hereby authorized to provide fire protection services and systems of fire protection in any such fire protection district, established or reconstituted as aforesaid, with the assent of a majority of the qualified voters in an election held in such district as herein provided. The governing authority of said county may levy on all taxable property located in such district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor. In all respects such tax levy shall be made, assessed, collected and enforced by said county as may be now or hereafter provided by law for ad valorem taxation by the counties of this State for district fire protection. Section 7. The Board of Commissioners of Upson County, as the governing authority thereof, upon its determination of the area, limits or bounds of any such fire protection district established or reconstituted hereunder, may then adopt a resolution or order directed and delivered to the Judge of the Probate Court of Upson County, or any other official as may be hereafter authorized and empowered by the laws of Georgia to hold and conduct special elections in Upson County, to which will be attached a description or bounds of such proposed fire protection district, authorizing and directing said judge or official to issue the call for and hold an election in such proposed fire protection district for the purpose of determining whether a majority of the qualified voters of such proposed district, voting in any such election, assent to the levy of such a tax by the county, only upon the taxable property in such district, for the purpose of providing such services and fire protection for such district and constructing and maintaining facilities therefor. Section 8. The Judge of the Probate Court of Upson County, or other official as may be hereafter authorized to hold and conduct special elections in Upson County, is hereby authorized to employ the necessary personnel and obtain the necessary ballots, materials and supplies to conduct each such election. He shall canvass the returns and declare and certify the results of each such election and he shall otherwise conduct each such election, under the pertinent laws of Georgia, as a special election. The judge of the probate

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court is hereby empowered and authorized to promulgate such rules and regulations, cumulative of those as provided by law, in conducting such elections that he, within his sole discretion, may deem necessary, fair and equitable under the circumstances prevailing. The expenses of each such election shall be borne by Upson County. Section 9. Within thirty (30) days after the receipt of any such order or resolution of the governing authority of Upson County, the judge of the probate court, or the official holding and conducting such special election, shall issue the call for such election for the purpose of determining whether taxes shall be levied in such proposed fire protection district for the aforesaid purposes. The date of each such election shall be set by said official for a day not less than thirty (30) nor more than sixty (60) days after the issuance of the call. The date and purpose of the election shall be published by the official calling such election once a week for two weeks immediately preceding the date thereof in the official organ of Upson County. The Board of Registrars of said county, when so directed by the official calling such election, shall have the duty of compiling a list of voters or electors in each such proposed fire protection district; and only those electors who are duly registered to vote in such special elections and whose residency is inside the boundaries of said proposed fire protection district by the tenth day preceding the date of such election shall be qualified to vote in such election. Section 10. The ballot submitting such matter to the electors or voters in such election shall have written or printed thereon the following: [] For the levy of taxes upon the taxable property in the proposed fire district of which I am a qualified voter for the purpose of constructing and maintaining facilities therefor. [] Against the levy of taxes upon the taxable property in the proposed fire district of which I am a qualified voter for the purpose of constructing and maintaining facilities therefor.

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If a majority of those persons voting in such election in any such proposed district vote for the levy of such taxes, then such district shall become a fire protection district of the county, under and by virtue of the provisions of this Act, and the governing authority of Upson County shall be authorized and empowered to assess, levy and collect such taxes in that district. If less than a majority of those persons voting in such election in any such proposed district vote for the levy of such taxes, then no such district shall be established and no such taxes shall be levied in that proposed district. The votes in each proposed fire protection district shall be counted separately and votes in each proposed district shall determine whether such taxes shall be levied in that particular district. Section 11. The governing authority of Upson County is hereby empowered within its discretion to formulate and issue rules and regulations relative to the establishment, discontinuance, reestablishment and administration of fire protection districts. Section 12. If any Section or portion of this Act shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Act as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the portions of this Act not so held to be invalid or unconstitutional. It is hereby declared to be the intent of the General Assembly of Georgia to provide for separable and divisible parts of this Act and this legislative body does hereby adopt any and all parts hereof as may not be held invalid or unconstitutional. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14. 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 1980 Session of the General Assembly of Georgia a bill to provide for the establishment of fire protection districts in Upson County, Georgia, pursuant to constitutional provisions relative thereto; to provide that the governing authority of Upson County may establish, constitute and, from time to time, re-establish, reconstitute or discontinue fire protection districts; and that the powers and authority herein granted the governing authority of Upson County shall be in addition to, and cumulative of, all other powers and authority such governing authority may now have, or may hereafter have, under other laws; to provide definitions of certain terms and words; to authorize contracts with municipal corporations and with private persons, private corporations, public bodies, political subdivisions and agencies of this State; to authorize Upson County to levy a tax only upon the taxable property in any such fire protection district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election held for that purpose; to provide the procedure for holding such elections; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 15th day of January, 1980. Upson County Board Of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Thomaston Times

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which is the official organ of Upson County, on the following dates: January 16, 23, 30, 1980. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 13th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. COBB COUNTY COMPENSATION OF JUDGE OF JUVENILE COURT. No. 1228 (House Bill No. 1773). AN ACT To amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. Laws 1969, p. 3560), as amended, so as to change the compensation of said Judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. Laws 1969, p. 3560), as amended, is hereby amended by striking from Section 1 the following: $28,500.00, and inserting in lieu thereof the following: $32,500.00, so that when so amended Section 1 shall read as follows: Section 1. The Judge of the Cobb County Juvenile Court shall receive $32,500.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County. Said Judge shall devote his full time to the duties of his office and shall not engage in the private practice of law. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an act fixing the compensation of the Judge of the Juvenile Court of Cobb County, Georgia, and for other purposes. This 30th day of January, 1980. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators
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A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley 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 25, February 1, 8, 1980. /s/ Johnny Isakson Representative, 20th District Sworn to and subscribed before me, this 13th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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COLUMBUS, GEORGIA ORDINANCES. No. 1229 (House Bill No. 1780). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain requirements concerning the manner of introduction, consideration and passage of ordinances be deleted from the Charter of Columbus, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 3-201 of the Charter of Columbus, Georgia, be and the same is hereby amended to delete therefrom subsection (3) and that all subsequent subsections be renumbered sequentially to follow in order. Section 2. That the reference contained in Section 4-201 to Section 3-201, subsection (4) be changed to Section 3-201, subsection (3). Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

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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, 1980, for the passage of a Bill to provide a deleting of the requirement that ordinances be distributed following their introduction. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide a deleting of the requirement that ordinances be distributed following their introduction. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr.

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Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980. COLUMBUS, GEORGIA INTERIM PROVISIONS REPEALED. No. 1230 (House Bill No. 1784). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that Article IX entitled Interim Provisions be deleted from the Charter of Columbus, Georgia in its entirety; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:

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Section 1. That Article IX, entitled Interim Provisions be and the same is hereby deleted from the Charter of Columbus, Georgia in its entirety. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide deletion of provisions of the Charter relating to interim provisions which are no longer necessary after consolidation. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide deletion of provisions of the Charter relating to interim provisions which are no longer necessary after consolidation. Lennie F. Davis City Attorney Columbus, Georgia

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Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980. COLUMBUS, GEORGIA CHARTER AMENDMENTS. No. 1231 (House Bill No. 1785). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L.

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1971, Extra. Sess. September - October 1971, p. 2007), as amended, to clarify that certain provisions of the Charter of Columbus, Georgia regarding Charter amendments shall take precedence over other laws in the application of laws to Columbus, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That the second sentence of Section 8-200, subsection (1), of the Charter of Columbus, Georgia, be amended by adding thereto the words Except as provided in Chapter 4 of this Article with regard to Charter amendments, so that said sentence, when amended, shall read as follows: Except as provided in Chapter 4 of this Article with regard to Charter amendments, the Constitution and general laws of the State of Georgia relating to the jurisdiction, powers, authority, duties and responsibilities of or otherwise referring to municipal corporations or counties, or both, which are not in conflict herewith shall be applicable to the consolidated government. Section 2. That the first sentence of Section 8-400, subsection (1) be amended to read as follows: (1) This Charter may be modified, rescinded, changed or amended only by the following methods: Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the

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newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide the approval of recommendations concerning the applicability of laws as relates to Home Rule powers. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide the approval of recommendations concerning the applicability of laws as relates to Home Rule powers. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says

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that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980. COLUMBUS, GEORGIA JUDGE OF PROBATE COURT. No. 1232 (House Bill No. 1786). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that the terms Ordinary and Court of Ordinary shall be redesignated Judge of Probate Court and Probate Court to conform the Charter to State law; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 4-302 subsection (9) is hereby amended by deleting the word Ordinary and substituting the words Judge of Probate Court. Section 2. That the caption of Article V, Chapter 2, is hereby changed from Court of Ordinary to Probate Court. Section 3. That Section 5-200 is hereby amended by deleting the words The Court of Ordinary therefrom and substituting the words The Probate Court. Section 4. That Section 6-102 subsection (1) is hereby amended by deleting the word Ordinary and substituting the words Judge of Probate Court. Section 5. That Section 6-301 is hereby amended by deleting the word Ordinary wherever it appears throughout the Section and substituting therefor the words Judge of Probate Court. Section 6. That section 8-101 is amended by substituting the words Judge of Probate Court for the word Ordinary wherever the term appears in the caption and throughout the Section. Section 7. That Section 8-104 is hereby amended by deleting the words Court of Ordinary and substituting the words Probate Court. Section 8. That Section 8-105 is hereby amended by deleting the word Ordinary and substituting the words Judge of Probate Court. Section 9. That Section 8-401 is hereby amended by deleting the word Ordinary and substituting the words Judge of Probate Court.

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Section 10. That in any other references to the words Ordinary or Court of Ordinary in the Charter of Columbus, Georgia said words shall be changed to the words Judge of Probate Court or Probate Court. Section 11. That all laws and parts of laws in conflict herewith are hereby repealed. Section 12. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the Newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply For Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the title of Ordinary be changed to Judge of Probate Court. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide that the title of Ordinary be changed to Judge of Probate Court. Lennie F. Davis City Attorney Columbus, Georgia

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Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones, Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980.

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COLUMBUS, GEORGIA CHARTER AMENDED. No. 1233 (House Bill No. 1789). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain reference to a percentage be corrected in the Charter of Columbus, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 7-201 of the Charter of Columbus, Georgia be amended to change (110%) following the words ten per centum to (10%). Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January,

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1980, for the passage of a Bill to provide correction of typographical errors relating to debt limitations which appear in the Charter. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide correction of typographical errors relating to debt limitations which appear in the Charter. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr.

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Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980. COLUMBUS, GEORGIA ELECTIONS. No. 1234 (House Bill No. 1790). AN ACT To amend an Act providing a Charter for the county-wide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain transitional language (regarding elections) contained in the Charter of Columbus, Georgia be deleted from the Charter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 6-100, subsection (1) of the Charter of Columbus, Georgia be and the same is hereby amended by deleting therefrom the words commencing with the November election in

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1972 and at such time and thereafter, so that said subsection (1), when amended, shall read as follows: (1) The regular election of the consolidated government shall be held on the Tuesday next following the first Monday in November in each even numbered year. Except for special elections to fill vacancies in office, all officers who are required by this Charter to be elected shall be elected at the regular election of the consolidated government. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the language concerning the first regular election of the consolidated government in November, 1972, be deleted from the Charter. Lennie F. Davis City Attorney Columbus, Georgia 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,

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1980, for the passage of a Bill to provide that the language concerning the first regular election of the consolidated government in November, 1972, be deleted from the Charter. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980.

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COLUMBUS, GEORGIA TAXING DISTRICTS. No. 1235 (House Bill No. 1791). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide for the deletion of certain transitional language concerning the division of the territory of Columbus, Georgia into taxing districts by the Council of Columbus, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 1-103, subsection (2) of the Charter of Columbus, Georgia is hereby amended by deleting from line one of the subsection the words Following the adoption of this Charter and first, and by deleting from line four the words proceed immediately to so that subsection (2) when amended shall read as follows: (2) The Council of the consolidated government shall, pursuant to the applicable provisions of Article IX, Section 9-102 hereof, divide the territory of the consolidated government into two or more taxing districts (herein called `services districts'); provided, however, at least one of such districts shall be known as the General Services District and shall consist of the total area of Muscogee County as fixed and established on the effective date of this Charter or as thereafter modified according to law; and provided further the Council shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Council for additional or higher levels of services than are provided uniformly throughout the territory of the consolidated government on the effective date of this Charter. In the establishment of the first urban services district or districts, the Council

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shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place and date of such hearings shall be published in one or more newspapers of general circulation in Muscogee County at least twice during the week immediately preceding the date of hearing. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply For Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the transitional language concerning the division of the territory of Columbus into taxing districts be amended. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide that the transitional language

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concerning the division of the territory of Columbus into taxing districts be amended. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980.

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COLUMBUS, GEORGIA SALARIES OF MAYOR AND COUNCIL. No. 1236 (House Bill No. 1792). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that salaries of the Mayor and members of the Council shall be fixed by ordinance of the Council of Columbus, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 3-102 of the Charter of Columbus, Georgia be and the same is hereby deleted in its entirety and in place thereof there shall be a new Section 3-102 to read as follows: Section 3-102. Compensation and Expenses. Council members shall receive as compensation for their services, an amount fixed by ordinance. Each council member shall receive the same salary and no increase or decrease in the annual compensation of council members shall become effective until the day of the commencement of the terms of council members elected at the next regular election following any increase or decrease in their annual compensation. The council shall by ordinance establish a policy for reimbursement of the actual necessary expenses incurred by its members in the performance of their official duties. Section 2. That Section 4-200, subsection (3) of the Charter of Columbus, Georgia be and the same is hereby deleted in its entirety and in place thereof there shall be a new Section 4-200, subsection (3) to read as follows:

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(3) The annual salary of the Mayor shall be fixed by ordinance of Council; provided, however, that such compensation shall not be diminished during his term of office. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply For Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the salaries for the Councilors and the Mayor shall be fixed by Ordinance. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide for the passage of a Bill to provide that the salaries for the Councilors and the Mayor shall be fixed by Ordinance. Lennie F. Davis, City Attorney Columbus, Georgia

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Columbus, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980.

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COLUMBUS, GEORGIA CHARTER AMENDED. No. 1237 (House Bill No. 1793). AN ACT To amend an Act providing a Charter for the county-wide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that references to certain boards, commissions and authorities be deleted from the Charter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971 p. 2007), as amended is hereby amended as follows: Section 1. That Sections 4-610, 4-611, 4-612, 4-613, 4-622, 4-623, 4-625, and 4-626 of the Charter of Columbus, Georgia, be and the same are hereby deleted in their entirety. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply For Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January,

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1980, for the passage of a Bill to provide for deletion of the requirement to continue certain Boards in existence which are not necessary. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide for deletion of requirement to continue certain Boards in existence which are not necessary. Lennie F. Davis, City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr.

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Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980. COLUMBUS, GEORGIA COUNCIL MEETINGS. No. 1238 (House Bill No. 1794). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to fix the time of Council meetings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 3-103 of the Charter of Columbus, Georgia is amended by deleting therefrom the first sentence of subsection (4) and substituting in lieu thereof the following sentences: The rules of the Council shall provide for regular meetings which shall be held at least once in every week and shall fix the date and

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place of all regular meetings, provided, however, that any regular meeting may be cancelled upon the adoption of a resolution by a majority vote of the Council at least seven (7) days prior to the meeting. In no event shall less than two (2) regular meetings be held in any month, so that subsection (4), when thus amended, shall read as follows: (4) The rules of the Council shall provide for regular meetings which shall be held at least once in every week, and shall fix the date and place of all regular meetings, provided, however, that any regular meeting may be cancelled upon the adoption of a resolution by a majority vote of the Council at least seven (7) days prior to the meeting. In no event shall less than two (2) regular meetings be held in any month. Special meetings of the Council may be called by the Mayor or by any six members of the total membership of the Council upon no less than twelve hours written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of the special meeting may be waived in writing either before or after the meeting. Special meetings may be held at any time without notice upon attendance at such meeting of or waiver of notice by all members of the council. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply For Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that Council meetings be

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held once each week but would allow flexibility to the extent that only two (2) meetings each month would be required. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide that Council meetings be held once each week but would allow flexibility to the extent that only two (2) meetings each month would be required. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. /s/ Glenn Vaughn, Jr.

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Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved March 26, 1980. CATOOSA COUNTY SHERIFF'S BUDGET. No. 1239 (House Bill No. 1802). AN ACT To amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, approved March 23, 1977 (Ga. Laws 1977, p. 3370), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4212), so as to change the annual and monthly budget of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the fiscal administration of the office of Sheriff of Catoosa County, approved March 23, 1977 (Ga. Laws 1977, p. 3370), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4212), is hereby amended by striking from paragraph (1) of subsection (g) of Section 4 the following:

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$262,950.00, and inserting in lieu thereof the following: $275,000.00, and by striking from said paragraph the following: $21,912.50, and inserting in lieu thereof the following: $22,916.65, so that when so amended paragraph (1) of subsection (g) of Section 4 shall read as follows: (1) Any provision of this section (other than paragraph (2) of this subsection) to the contrary notwithstanding, the annual budget of the sheriff shall not exceed $275,000.00 in any fiscal year, nor shall the monthly budget and expenditures of the sheriff exceed $22,916.65 in any calendar month; provided, that such monthly limitation shall be exclusive of the expense of purchasing motor vehicles during that month in each fiscal year during which motor vehicles are purchased by the sheriff. Section 2. Said Act is further amended by striking from the first sentence of paragraph (3) of subsection (g) of Section 4 the following: April 1, 1978, and ending December 31, 1978, the sheriff's budget shall be $21,912.50, and inserting in lieu thereof the following: April 1, 1980, and ending December 31, 1980, the sheriff's budget shall be $22,916.65, so that when so amended paragraph (3) of subsection (g) of Section 4 shall read as follows:

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(3) With respect to that portion of the sheriff's fiscal year beginning on April 1, 1980, and ending December 31, 1980, the sheriff's budget shall be $22,916.65 per month and, for any portion of a month, an amount equal to the monthly budget multiplied by a fraction, the numerator of which is the number of days remaining in the month and the denominator of which is the total number of days in that month. The provisions of this paragraph shall apply until the sheriff's budget is otherwise determined and approved as provided in this Act. Section 3. This Act shall become effective on April 1, 1980. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the budget of the Sheriff's Office of Catoosa County, Georgia, and to further increase the expense allowance of said office, at the January, 1980 Session of the General Assembly of the State of Georgia. This the 19th day of December, 1979. J. D. Stewart, Sheriff, Catoosa County Georgia, Catoosa County. Before me, an office duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly

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and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Jim Caldwell Sworn to and subscribed before me, this the 28 day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 26, 1980. CATOOSA COUNTY COMMISSIONER'S SALARY, ETC. No. 1240 (House Bill No. 1804). AN ACT To amend an Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3349), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4206), so as to change the compensation of said commissioner; to change the amount paid for clerical assistance to the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3349), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4206), is hereby amended by striking from Section 9 the following: $17,500 and $12,000, and inserting in lieu thereof the following: $20,000 and $18,000, so that when so amended said Section 9 shall read as follows: Section 9. The Commissioner of Catoosa County shall be paid an annual salary of $20,000, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall also be paid the sum of $2,000 per year for traveling expenses outside and inside the county for official county business. The traveling expenses shall be paid in equal monthly installments from funds of Catoosa County. The commissioner may employ clerical assistance not to exceed $18,000 per annum to be paid from funds of Catoosa County. In the event the maximum allowance for clerical assistance is not needed for such purpose, the unused portion thereof shall remain as part of the general funds of the county. The commissioner shall keep his office at the courthouse open from 9:00 a.m. to 5:00 p.m. each day Monday through Friday, except holidays, and from 9:00 a.m. until noon on Saturdays. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the salary of the Commissioner of Roads and Revenues of Catoosa County, Georgia, and further to change the amount of clerical compensation for said office, together with a change in the manner of providing clerical help for said office, at the January, 1980 Session of the General Assembly of the State of Georgia. This the 19th day of December, 1979. James A. Moreland, Commissioner, Roads and Revenues, Catoosa County, Georgia Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980. /s/ Jim Caldwell

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Sworn to and subscribed before me, this the 28 day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 26, 1980. FRANKLIN COUNTY CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 1241 (House Bill No. 1809). AN ACT To abolish the present mode of compensating the clerk of the Superior Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for clarification of compensation; 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:

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Section 1. The present mode of compensating the clerk of the Superior Court of Franklin County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2. The clerk of the Superior Court of Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state less the amount of any salaries the clerk receives for serving as clerk of other courts as provided by an Act establishing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended. It is the intent of this section that the said clerk shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said clerk shall not receive more than such other officer when additional sources of compensation are included. Such salary for said clerk shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection: (1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin 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 the population classifications of the counties of this state. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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 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

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the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. The clerk, with the approval of the governing authority of Franklin County, shall have the authority to appoint such full-time or part-time deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively 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 determine the number of such personnel and to fix the compensation to be received by such employees in said office. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, 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 Franklin 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. Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, March Term, 1979, and the October Term, 1979, Notice is hereby given that there will be introduced in the General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Clerk of the Superior Court of Franklin County, Georgia, on annual salary, to provide for necessary expenses of running said office, and for other purposes. This 21st January, 1980. C. Patrick Milford County Attorney Franklin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980. /s/ Charles C. Mann Representative, 13th District

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Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. FRANKLIN COUNTY JUDGE OF PROBATE COURT PLACED ON SALARY BASIS. No. 1242 (House Bill No. 1810). AN ACT To abolish the present mode of compensating the judge of the Probate Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for clarification of compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the judge of the Probate Court of Franklin County, known as the fee system, is

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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 Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state less the amount of any compensation the probate judge receives for conducting elections and responsibility for traffic cases as provided by an Act establishing minimum salaries for judges of the probate courts, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended. It is the intent of this section that the said judge of the probate court shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said judge of the probate court shall not receive more than such other officer when additional sources of compensation are included. Such salary for said judge of the probate court shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection: (1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin 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 the population classifications of the counties of this state. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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

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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 judge of the probate court, with the approval of the governing authority of Franklin County, shall have the authority to appoint such full-time or part-time deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively 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 determine the number of such personnel and to fix the compensation to be received by such employees 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; 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 Franklin 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. Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, March Term, 1979, and the October Term, 1979, Notice is hereby given that there will be introduced in the General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Probate Judge of Franklin County, Georgia, on annual salary, to provide for necessary expenses of running said office, and for other purposes. This 21st January, 1980. C. Patrick Milford County Attorney Franklin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980. /s/ Charles C. Mann Representative, 13th District

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Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. FRANKLIN COUNTY COMPENSATION OF COUNTY COMMISSIONER. No. 1243 (House Bill No. 1811). AN ACT To amend an Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of roads and revenues of Franklin County, approved February 27, 1956 (Ga. Laws 1956, p. 2603), 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 repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of roads and revenues of Franklin County, approved February 27, 1956 (Ga. Laws 1956, p. 2603), 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:

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Section 3. The commissioner of Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state. It is the intent of this section that the said commissioner shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said clerk shall not receive more than such other officer when additional sources of compensation are included. Such salary for said commissioner shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection: (1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin 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 the population classifications of the counties of this state. Section 2. This Act shall become effective 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. Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, October Term, 1979, Notice is hereby given that there will be introduced in General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Commissioner of Roads Revenues of Franklin County, Georgia, on Revised Annual Salary, to provide for necessary expenses of running said office, and for other purposes.

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This 21st January, 1980. C. Patrick Milford County Attorney Franklin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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FRANKLIN COUNTY TAX COMMISSIONER PLACED ON SALARY BASIS. No. 1244 (House Bill No. 1812). AN ACT To abolish the present mode of compensating the tax commissioner of Franklin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for clarification of compensation; 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 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. The present mode of compensating the tax commissioner of Franklin 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 of Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state. It is the intent of this section that the said tax commissioner shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said tax commissioner shall not receive more than such other officer when any additional sources of compensation are included. It is hereby specifically provided that the tax commissioner shall not be entitled to the amount provided in Code Section 91A-1370, relating to commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest and shall not be entitled to those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle

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license plates by local tax officials. Such salary for said tax commissioner shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection: (1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin 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 the population classifications of the counties of this state. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 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 tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. The tax commissioner, with the approval of the governing authority of Franklin County, shall have the authority to appoint such full-time or part-time deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively 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 determine the number of such personnel and to fix the compensation to be received by such employees 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,

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or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. Section 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 Franklin County. Section 6. An Act creating the office of county tax commissioner of Franklin County, Georgia, approved August 14, 1931 (Ga. Laws 1931, p. 469), as amended by an Act approved March 23, 1937 (Ga. Laws 1937, p. 1330), an Act approved January 30, 1946 (Ga. Laws 1946, p. 274), an Act approved December 4, 1948 (Ga. Laws 1949, p. 209), an Act approved February 19, 1951 (Ga. Laws 1951, p. 2588), and an Act approved March 5, 1957 (Ga. Laws 1957, p. 2521), is hereby repealed in its entirety. Section 7. This Act shall become effective on January 1, 1981. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, March Term, 1979, and the October Term, 1979, Notice is hereby given that there will be introduced in the General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Tax Commissioner of Franklin County, Georgia, on annual salary, to provide for necessary expenses of running said office, and for other purposes.

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This 21st January, 1980. C. Patrick Milford County Attorney Franklin County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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COMPENSATION OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES (20,400 - 20,600). No. 1245 (House Bill No. 1813). AN ACT To provide that in certain counties the salary of the county commissioner shall be the same as that of the sheriff of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any contrary provision of law, in any county which has a population of not less than 20,400 and not more than 20,600 according to the United States decennial census of 1970 or any future such census and which has one county commissioner, the annual salary of the commissioner shall be in the same amount as the annual salary of the sheriff of the county and shall be paid in equal monthly installments from the funds of the county. Section 2. This Act shall become effective on July 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980. CRAWFORD COUNTY OFFICE OF TREASURER ABOLISHED. No. 1246 (House Bill No. 1818). AN ACT To abolish the office of treasurer of Crawford County; to provide that the governing authority of said county shall be authorized

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to designate a person to perform the duties of treasurer; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of treasurer of Crawford County is hereby abolished. The governing authority of Crawford County shall be authorized to designate such person as it deems appropriate to perform the duties of treasurer. Such person so designated by the county governing authority shall receive all county funds heretofore handled, received, and collected by the treasurer of Crawford County and shall disburse the same as provided by law for the disbursement of funds by county treasurers. Section 2. An Act fixing the compensation of the Treasurer of Crawford County, approved July 29, 1919 (Ga. Laws 1919, p. 636), as amended, is hereby repealed in its entirety. Section 3. This Act shall become effective on December 31, 1980, but in the event the office of treasurer of Crawford County should become vacant for any reason prior to December 31, 1980, then this Act shall become effective on the date of said vacancy. There shall be no election for Crawford County treasurer in 1980 or thereafter. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. There will be introduced at the regular 1980 session of the Georgia General Assembly at local act to abolish the office of Treasurer of Crawford County, Georgia.

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This 29th day of January 1980. David L. Mincey, Jr. Crawford County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper who, on oath, deposes and says that he/she is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Georgia Post which is the official organ of Crawford County, on the following dates: January 31, February 8, 14, 1980. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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CITY OF NORCROSS CORPORATE LIMITS. No. 1247 (House Bill No. 1819). AN ACT To amend an Act providing a new charter for the City of Norcross, approved February 11, 1977 (Ga. Laws 1977, p. 2546), 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 providing a new charter for the City of Norcross, approved February 11, 1977 (Ga. Laws 1977, p. 2546), is hereby amended by adding to Section 1.12 a new subsection (c) to read as follows: (c) In addition to all other territory in the city, it shall include the following tracts: (1) All that tract or parcel of land lying and being in Land Lot 225 of the 6th District of Gwinnett County, Georgia, and containing 11.89 acres according to a plat of a survey by Higginbotham James, Surveyors, dated March 20, 1962, and revised May 10, 1962, a copy of said plat being recorded in Plat Book J, page 33, records of Gwinnett County, Georgia, reference to which is made for a complete description. Said property is described according to said plat as follows: BEGINNING at an iron pin corner located on the original line dividing land lots 224 and 225 of the 6th District, said point of beginning being 758.3 feet in a South 3158[UNK] East direction, as measured along the original line dividing land lots 244 and 225, from the common corner of land lots 224, 225, 242, and 243 of the 6th District; thence North 54 30[UNK] East for 662.5 feet to a point in the center of Mitchell Road; thence along the center of Mitchell Road for the following courses and distances; South 39 10[UNK] East for 43 feet; South 34 31[UNK] East for 163.2 feet; South 11 24[UNK] East for 236 feet; South 15 58[UNK] East for 100 feet; South 26 53[UNK] East for 100 feet; and South 39 26[UNK] East for 234 feet; thence South 54 30[UNK] West for 586.7 feet to a point on the

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original line dividing land lots 224 and 225; thence North 31 58[UNK] West along said original line for 850 feet to the point of beginning. (2) All that tract or parcel of land lying and being in Land Lot 284 of the 6th District of Gwinnett County, Georgia as shown on a plat prepared by C. M. Higginbotham, Surveyor, dated June 15, 1959 and being more particularly described as follows: BEGINNING at a point common to the intersection of Land Lots 284, 285, 272 and 273; thence South 58 56[UNK] West 649 feet to a point; thence North 35 38[UNK] West 667.5 feet to a point; thence North 58 48[UNK] East 685.3 feet to a point; thence South 32 18[UNK] East 669.5 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly a bill to amend the Charter of the City of Norcross (Ga. L. 1977, p. 2456) so as to amend the corporate boundaries of the City of Norcross in accordance with Sec. 1.12 of the City Charter. Mayor Lillian Webb City of Norcross Hill Jordan City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin who, on oath,

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deposes and says that he/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 31, February 8, 15, 1980. /s/ Charles Martin Representative, 60th District Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. CITY OF WARNER ROBINS MUNICIPAL COURT FINES. No. 1248 (House Bill No. 1820). AN ACT To amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. Laws 1978, p. 3081), as amended, so as to change the provisions relating to fines imposed in the municipal 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 providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. Laws 1978, p. 3081), as amended, is hereby amended by striking from subsection (g) of Section 6-103 the following: $300.00, and inserting in lieu thereof the following: $1,000.00, so that when so amended subsection (g) shall read as follows: (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 $1,000.00; (2) imprisonment in the city prison for a period of not more than 40 days; or (3) any one or all of these punishments when the facts of the case justify such punishments. Provided, however, that each contempt of municipal court shall be punishable either by imposition of a fine not exceeding $100.00 or by imprisonment in the city prison for a period of time not exceeding 30 days or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that legislation is intended to be introduced in the 1980 Session of the General Assembly of Georgia to

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raise the amount of the fine that may be imposed by the Municipal Court for the City of Warner Robins, Georgia and for other purposes. This 28th day of January, 1980. Roy H. Watson, Jr. Representative, 114th District Ted W. Waddle Representative, 113th District Senator Ed Barker 18th District Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certified that the Legal Notice, Notice of intent to introduce legislation was published in The Houston Home Journal on the following dates: January 31, February 7 14, 1980. This 14 day of February, 1980. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia

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Sworn to and subscribed before me, this 14 day of February, 1980. /s/ June Vogt Notary Public, Houston County. My Commission Expires May 4, 1982. (Seal). Approved March 26, 1980. CITY OF JEFFERSONVILLE COMPENSATION OF MAYOR AND COUNCILMEN. No. 1249 (House Bill No. 1821). AN ACT To amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. Laws 1909, p. 977), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2756), so as to change certain provisions relating to the compensation of the mayor and councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. Laws 1909, p. 977), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2756), is hereby amended by striking in its entirety Section 25 thereof and substituting in lieu thereof a new Section 25 to read as follows:

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Section 25. (a) The clerk and marshal, or marshals, and all special policemen appointed by the mayor and council shall receive such compensation as may be fixed by the mayor and council, which shall be subject to change at any time. (b) The mayor shall be compensated in an annual amount of $1,200.00 and each councilman shall be compensated in an annual amount of $600.00, payable monthly out of city funds. Section 2. This Act shall become effective 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 at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. Laws 1909, p. 977), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2756), so as to change certain provisions relating to the compensation of the mayor and councilmen; and for other purposes. This 26th day of January, 1980. 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,

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and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 30, February 6, 13, 1980. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. DODGE COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1250 (House Bill No. 1822). AN ACT To amend an Act creating and establishing a Small Claims Court in and for Dodge County, approved March 23, 1977 (Ga. Laws 1977, p. 4135), so as to provide that said court shall in all criminal matters have all the powers granted to justices of the peace by the laws of the State of Georgia and shall be entitled in all criminal matters to charge and collect the same fees which are charged and collected by justices of the peace; to provide for service

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of process; to provide for costs and fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court in and for Dodge County, approved March 23, 1977 (Ga. Laws 1977, p. 4135), is hereby amended by adding at the end of Section 1 the following: Without limiting the generality of the foregoing, said jurisdiction shall specifically include all the powers granted to justices of the peace in criminal matters by the laws of the State of Georgia; and it shall be lawful for the judge of said court to charge, collect, and retain the same fees which are charged and collected by justices of the peace in criminal matters., so that when so amended, said section shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Dodge 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. Without limiting the generality of the foregoing, said jurisdiction shall specifically include all the powers granted to justices of the peace in criminal matters by the laws of the State of Georgia; and it shall be lawful for the judge of said court to charge, collect, and retain the same fees which are charged and collected by justices of the peace in criminal matters. Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 2 the following: In addition to any other mode of service authorized by this Act, personal service may be made by leaving the papers required to be served at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion then residing there.,

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so that when so amended said subsection shall read as follows: (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. 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. In addition to any other mode of service authorized by this Act, personal service may be made by leaving the papers required to be served at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion then residing there. Section 3. Said Act is further amended by striking from Section 8 the following: $10.00, wherever the same appears and inserting in lieu thereof the following: $17.50, and by adding before the period at the end of the first sentence of (a) the following: and except as provided in subsection (c), and by adding two new subsections, (c) and (d), to read as follows: (c) The following additional costs may be charged and collected: (1) Entering judgment $ 2.00 (2) Issuing Fi. Fa. $ 2.00 (3) Issuing subpoena $.50

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(d) For transmitting any proceeding taken to the superior court by certiorari or appeal, there may be charged and collected $5.00, plus $1.50 per page for documents., so that when so amended said section shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $17.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice and except as provided in subsection (c). The deposit of cost in cases of attachment, garnishment or trover shall be $17.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $17.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. (c) The following additional costs may be charged and collected: (1) Entering judgment $ 2.00 (2) Issuing Fi. Fa. $ 2.00 (3) Issuing subpoena $.50 (d) For transmitting any proceeding taken to the superior court by certiorari or appeal, there may be charged and collected $5.00, plus $1.50 per page for documents.

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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 1980 session of the General Assembly of Georgia a bill to amend an Act creating a small claims court in and for Dodge County, approved March 23, 1977 (Ga. Laws 1977, p. 4135), so as to provide for powers of the judge, service of process, maximum fees and costs, and other related matters; and for other purposes. This 21 day of January, 1980. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman who, on oath, deposes and says that he/she is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight which is the official organ of Dodge County, on the following dates: January 24, February 1, 7, 1980. /s/ Terry Coleman Representative, 118th District

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Sworn to and subscribed before me, this 25th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. STATE COURT OF ELBERT COUNTY TERMS. No. 1252 (House Bill No. 1825). AN ACT To amend an Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. Laws 1896, p. 287), as amended, so as to change the terms of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. Laws 1896, p. 287), 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. After the effective date of this Act, there shall be three terms of the State Court of Elbert County held each year beginning on the following dates:

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Second Monday in January. Second Monday in May. Second Monday in November. The judge of said court shall have power to hold said court in session from day to day for a period not longer than four weeks from the beginning of each term. Section 2. This Act shall become effective 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 at the regular 1980 session of the General Assembly of Georgia legislation to change the terms and/or dates of State Court of Elbert County and for other purposes. This 21st day of January, 1980. Charles C. Mann Georgia, Elbert County. To Whom it May Concern: This is to certify that the legal notice attached hereto has been published in The Elberton Star newspaper legal organ for Elbert County, the following dated, to-wit: January 22, 1980, January 29, 1980, February 5, 1980.

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Sworn to on the 12th day of February, 1980. /s/ R. L. Williford, Publisher Sworn to and subscribed to before me, on the 12th day of February, 1980. /s/ Mary C. Taylor Notary Public. (Seal). Approved March 26, 1980. ELBERT COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT AND JUDGE OF PROBATE COURT. No. 1253 (House Bill No. 1826). AN ACT To amend an Act placing the clerk of the superior court and the judge of the probate court of Elbert County upon an annual salary, approved March 10, 1959 (Ga. Laws 1959, p. 2624), as amended, so as to change the compensation provisions relating to the clerk and probate judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court and the judge of the probate court of Elbert County upon an annual salary,

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approved March 10, 1959 (Ga. Laws 1959, p. 2624), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The clerk of the superior court 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 less the amount of any salaries the clerk receives for serving as clerk of other courts as provided by an Act establishing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended. It is the intent of this section that the said clerk shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary, but said clerk shall not receive more than such other officer when additional sources of compensation are included. Such salary for said clerk shall be paid in equal monthly installments from the funds of Elbert County. As used in this subsection: (1) `Elective county officer' means the sheriff, the clerk of the superior court, the judge of the probate court, or the 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 the population classifications of the counties of this state. (b) All expenses of operating the office of the clerk of the superior court of Elbert County, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the clerk of the superior court and the commissioner of roads and revenues. The clerk of the court shall be responsible for the employment of the necessary personnel to operate such office. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

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Section 2. (a) The judge of the probate court 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 less the amount of any additional compensation the judge of the probate court receives for conducting elections and for duties in connection with traffic cases provided by an Act providing and fixing minimum salaries for judges of the probate courts of the various counties of this state, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended. It is the intent of this section that the said judge of the probate court shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary, but said judge of the probate court shall not receive more than such other officer when additional sources of compensation are included. Such salary for said judge shall be paid in equal monthly installments from the funds of Elbert County. As used in this subsection: (1) `Elective county officer' means the sheriff, the clerk of the superior court, the judge of the probate court, or the 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. (b) All expenses of operating the office of the judge of the probate court, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the judge of the probate court and the commissioner of roads and revenues. The judge of the probate court shall be responsible for the employment of the necessary personnel to operate such office. 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 1980 session of the General Assembly of Georgia legislation to change the method of compensating the clerk of superior court and probate judge of Elbert County; and for other purposes. This 14th day of Jan., 1980. Charles C. Mann Georgia, Elbert County. To Whom it May Concern: This is to certify that the legal notice attached hereto has been published in The Elberton Star newspaper legal organ for Elbert County, the following dates, to-wit: January 22, 1980, January 29, 1980, February 5, 1980. Sworn to on the 12th day of February, 1980. /s/ R. L. Williford, Publisher

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Sworn to and subscribed to before me, on the 12th day of February, 1980. /s/ Mary C. Taylor Notary Public. (Seal). Approved March 26, 1980. CITY OF COLEMAN NEW CHARTER. No. 1254 (House Bill No. 1829). AN ACT To create a new charter for the City of Coleman, Georgia, to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the city; to create a municipal court and provide for the jurisdiction, practice, procedure, judge and personnel thereof; to provide for the recall of the Mayor and council members; to provide for bonds; to provide for the sale of city property; to provide for eminent domain; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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ARTICLE I CREATION, INCORPORATION, POWERS Section 1.1. Name. This Act shall constitute the Charter of the City of Coleman, Georgia. The city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of City of Coleman, Georgia, and by that name shall have perpetual succession. Section 1.2. Corporate boundaries. (a) The corporate limits of the City of Coleman, Georgia shall be those existing on January 1, 1980, which limits were set forth in Georgia Laws of 1889, at pages 872 and 873 as extending one-half mile in every direction from the depot of the South Western Railroad in said town (the name Town of Coleman was changed to City of Coleman in Georgia Laws of 1967, page 2845). (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 of Coleman, Georgia shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.4. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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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 (5) councilmembers. The Mayor and councilmembers shall be elected in the manner provided by Article V of this Charter. Section 2.2. Present Mayor and Council. The present Mayor and Councilmembers of the City Council for the City of Coleman, Georgia shall continue in the offices to which they are elected until their successors are elected and qualified; and said Mayor and Council shall have and exercise all the rights, powers, duties and authority conferred upon the Mayor and Council of the City of Coleman, Georgia, under and by virtue of this Charter, which shall become effective upon the passage and approval thereof, and in the future, thereafter, the Mayor and Councilmembers shall continue in the office to which they are elected, until their successors are elected and qualified, with said rights, powers, duties and authority. Section 2.3. City Council Terms and Qualification for Office. The members of the City Council shall serve for terms as hereinafter specified in ARTICLE V or in Section 2.2 of ARTICLE II above, and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election at which he was elected as mayor or councilmember; each shall continue to reside therein during his period of service; and each shall be registered and qualified to vote in municipal elections of this City. Section 2.4. 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 2.5. 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:

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(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, by-laws, 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 2.6. Mayor Pro Tem. At the organization meeting, as called for in Section 2.9 hereinafter, 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 2.7. 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 2.8. 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 of office.

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Section 2.9. 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 Councilmember 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 2.10. Regular and Special Meetings. (a) The City Council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the City Council may be held on call of the Mayor or two (2) members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the Mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) To meet a public emergency affecting life, health, property or public peace, the City Council may convene on call of the Mayor or two (2) councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) councilmembers shall be required for

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adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.11. 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 2.12. Quorum; Voting. The Mayor, or the Mayor Pro Tem, or the Acting Mayor, and three (3) councilmembers shall constitute a quorum and shall be authorized to transact business of the City Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the City Council shall have the right to request a roll call vote. The affirmative vote of three (3) councilmembers shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this Charter. 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 Council of the City of Coleman, Georgia hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the City Council. Ordinances shall be considered and adopted or rejected by the City Council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.10(c). Upon introduction of any ordinance, the clerk shall distribute a copy to the Mayor and to each councilmember 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.

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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, acts of the City Council which have the force and effect of law shall be done by ordinance. Section 2.15. Codes of Technical Regulations. (a) The City Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.13(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 2.16. Section 2.16. 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 Coleman, 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

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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 2.17. 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 non-electives offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) In addition to their elective duties, individual councilmembers may be charged with such administrative duties as the City Council may prescribe by ordinance or resolution, provided such duties do not conflict with general state law. (c) All appointive offices and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.2. Boards, Commissions, Authorities. Except as otherwise provided by this charter or general state law, the City Council shall create by ordinance such boards, commissions, authorities, and other bodies to fulfill any investigative, quasi-judicial, or quasi-legislative functions of the council, composition, period of existence, duties, powers, compensation, structure, and all other matters in connection with the operations of such boards, commissions and authorities.

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ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation of Municipal Court; Name. There shall be a court to be known as the Municipal Court of the City of Coleman, Georgia. Section 4.2. Judge; Court Personnel. (a) The Municipal Court of the City of Coleman, Georgia shall be presided over by a Judge. The City Council shall provide by Ordinance for qualifications, term of office, compensation, procedure for appointment and removal, and other matters, relating to such Judge. (b) The City Clerk shall perform the duties of clerk of the municipal court, and, when required, the City Attorney shall serve as prosecutor in said court. The City Council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. Section 4.3. Terms; Jurisdiction; Powers. (a) The Municipal Court shall convene at regular intervals as provided by ordinance. (b) The Municipal Court shall try and punish for violations of all city ordinances. (c) The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed one hundred dollars ($100.00) or thirty (30) days in jail. (d) The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1000.00) or imprisonment for ninety (90) days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding ninety (90) days. (e) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law.

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(f) The Municipal Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (g) The Municipal Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (h) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (i) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this Charter or by general state law. (j) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.4. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Randolph County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for

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appeals and appeal bonds from the probate. Provided that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 4.5. Rules for Court. With the approval of the City Council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, the City Council may adopt all or any part of the rules and regulations for procedure in the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the City Clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS 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 (Georgia Laws 1968, page 885), as now or hereafter amended. Section 5.2. Regular Elections; Time for Holding. (a) The first election under this Charter shall be held on the first Tuesday in November, 1980, at which time there shall be elected by the qualified voters of said city, a Mayor and five (5) councilmembers. The two councilmember candidates receiving the greatest number of votes at such first election shall hold office for the term of two years and the three councilmember candidates receiving the next highest number of votes shall hold office for one year, all until their successors are elected and qualified, their term of office to commence on the date of the first regular meeting of the City Council following the date of such first election under this charter. The Mayor elected in said first election shall hold office for the term of two (2) years and until his successor is elected and qualified, his term of office to commence on the date of the first regular meeting of the City Council following the date of such first election under this charter.

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(b) Annually, after said first election under this Charter, a municipal general election shall be held on the First Tuesday of November of each year. The annual municipal general election under this subsection (b) of Section 5.2 of Article V during each calendar year of odd number shall be for the purpose of electing councilmembers to the three council posts elected for a one year term in the first election under this charter. The annual municipal general election under this subsection (b) of Section 5.2 of Article V during each calendar year of even number shall be for the purpose of electing councilmembers to the two council posts elected for a two year term in the first election under this charter, and for the purpose of electing a Mayor. The Mayor and councilmembers elected at such elections under this Subsection (b) of Section 5.2 of Article V shall serve terms of two years, which terms shall commence on the date of the first regular meeting of the Mayor and City Council following the date of the annual municipal general election at which such Mayor or councilmembers were elected. (c) At each annual municipal general election required under this Charter, any person offering as a candidate for a municipal office shall designate, upon qualification, whether he offers as a councilmember candidate or as a candidate for the office of Mayor. In all such elections the councilmember candidates receiving the greatest number of votes shall be elected to the councilmember positions for which such election is conducted, and during annual municipal general elections conducted in calendar years of even number, the candidate for Mayor receiving the greatest number of votes shall be elected to the Office of Mayor. Section 5.3. Vacancies. In the event the office of Mayor or of any one or more councilmembers become vacant for any reason or cause, the same shall be filled until the next annual election by a person or persons elected by the city council at a regular meeting of said council, and such persons so elected shall serve until their respective successors are elected and qualified. Section 5.4. Removal of Officers. The Mayor, councilmembers, 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)

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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 councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the City Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the City Council to the Superior Court of Randolph 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 Randolph County as provided by State law. Section 5.6. Recall of Mayor or Council Member. The Mayor or any councilmember shall be subject to recall during his term of office in the following manner: (a) Whenever 51 per cent of the electors eligible to participate in the last preceding general city election shall so request in a petition filed in the office of the city clerk an election shall be called and held on the subject only of the recall and nonrecall of such official. It shall be the duty of the municipal election superintendent to examine the names on the petition and check the same with the electors registration list to determine if the required number have signed the said petition. A report shall be submitted to the Mayor and Council with the petition at the next meeting held more than five days after the filing of such petition, and if the required number of electors have signed the petition, the governing body shall order an election to be held and the same shall be conducted as provided for special elections in the Georgia Municipal Election

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Code. At said election, the ballots shall be as follows, with the name of such officer and office inserted in the blanks: For the recall of Holding the office of Against the recall of Holding the office of and shall contain such other instructions as considered necessary, and the voter shall indicate thereon which proposition is favored. (b) A meeting of the Mayor and Council shall be called and held on the day following the date of such election for the purpose of receiving and canvassing the returns of the election and declaring the result thereof. If a majority of those voting in the election vote in favor of the recall of the official, his office shall be declared immediately vacant, and at the next regular meeting the vacancy shall be filled in the manner provided in Section 5.3 above, but if a majority of those voting in the election fail to vote in favor of recall, the official shall retain his office and no other recall election shall be held so far as such official is concerned during the remainder of such official's current term of office. Section 5.7. Other Provisions. Except as otherwise provided by this Charter, the City Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34 A of the Code of Georgia of 1933 (Ga. Law 1968, page 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.

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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 this city or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by this 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 this City's streets and alleys, for the purposes of railroads services, street railway services, telephone services, electric services, cable television services, gas services, transportation services and other similar services. The City Council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, 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 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.

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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 this 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

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by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue Bonds. Revenue bonds may be issued by the City Council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. Section 6.12. Short Term Notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law. Section 6.13. Sale of City Property. (a) The City Council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law as now or later amended at Section 69-318 of the 1933 Code of Georgia (Ga. Law 1976, page 350). (b) The City Council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. ARTICLE VII GENERAL PROVISIONS Section 7.1. Eminent Domain. The City Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia Law applicable now or provided in the future. Section 7.2. Official Bonds. The officers and employees of this City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the City

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Council shall from time to time require or as may be provided by State Law. Section 7.3. Prior Ordinances. All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this Charter, are hereby declared valid and of full effect and force until amended or repealed by the City Council. Section 7.4. Construction. (a) Section captions in this Charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word Council shall mean the city council of the City of Coleman, Georgia. (d) The singular shall include the plural and vice versa, and the masculine the feminine and vice versa. Section 7.5. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.6. Repealer. An act incorporating the Town of Coleman in the County of Randolph, approved October 23, 1889 (Georgia Laws 1889, pages 872-876) 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 7.7. Effective Date. This Charter shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to provide a new charter for the City of Coleman, Georgia; to provide for all matters relative thereto; and for other purposes, this 30th day of January, 1980. Bob Hanner Representative, 130th District 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 Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: January 31, February 7, 14, 1980. /s/ Bob Hanner Representative, 130th District

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Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. HARALSON COUNTY COMPENSATION OF JUDGE OF PROBATE COURT. No. 1255 (House Bill No. 1831). AN ACT To amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. Laws 1974, p. 2145), so as to change the compensation of the probate judge of Haralson County (formerly ordinary 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 placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. Laws 1974, p. 2145), is hereby amended by striking Section 3 in its

Page 4225

entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The probate judge of Haralson County shall receive an annual salary of $14,000.00 payable in equal monthly installments from the funds of Haralson County. In addition, he shall continue to receive $50.00 per month for holding and conducting elections and $100.00 per month for handling traffic cases as provided for by an Act fixing minimum salaries for judges of the probate courts, approved April 5, 1978 (Ga. Laws 1978, p. 1953). Section 2. This Act shall become effective on the first 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 1980 session of the General Assembly of Georgia, a bill to change the compensation of the Probate Judge of Haralson County; and for other purposes. This 14 day of January, 1980. W. Harold Blackmon Probate Judge, Haralson County Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson

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County. The following dates, to-wit: January 17, 1980, January 24, 1980, January 31, 1980. Sworn to on the 14th day of February, 1980. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 14th day of February, 1980. /s/ Frieda L. Rivers Notary Public. (Seal). Approved March 26, 1980. CITY OF PORT WENTWORTH ORDINANCES. No. 1256 (House Bill No. 1839). AN ACT To amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, so as to change the penalties for the violation of the laws or ordinances of said city; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, is hereby amended by striking Section 32 of said Act, which reads as follows: Section 32. Be it further enacted by the authority aforesaid, that the mayor, or the mayor pro tempore, or the elected recorder, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $200.00, or to imprison offenders in the Chatham County jail (by arrangement with the Chatham County Commissioners first made) or in the barracks of said city for a period of not more than thirty days, or to labor on the public works or the streets of said city under supervision of the chief of police of said city for a periof of not more than ninety days. The presiding officer of said police court shall also have power to punish for contempt of court by a fine not to exceed $50.00, or by imprisonment not to exceed thirty days. He shall also have the power to issue warrants for State offenses committed within the corporate limits of the city, which warrants may be executed by any member of the city police force or by any sheriff or deputy sheriff of this State, and to hold hearings on said offenses and to commit the offenders to the jail in Chatham County, or admit them to bail if the offense is bailable, for their appearance at the next term of a court of competent jurisdiction to be held in and for Chatham County., and substituting in lieu thereof the following: Section 32. The mayor, or the mayor pro tempore, or the elected recorder, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $500.00, or to imprison offenders in the Chatham County jail (by arrangement with the Chatham County Commissioners first made) or in the barracks of said city for a period of not more than thirty days, or to labor on the public works or the streets of said city under supervision of the chief of police of said city for a periof of not more than ninety days. The presiding officer of said police court shall also have power to punish for contempt of court by a fine not to exceed $50.00, or by imprisonment not to exceed thirty days. He shall also

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have the power to issue warrants for State offenses committed within the corporate limits of the city, which warrants may be executed by any member of the city police force or by any sheriff or deputy sheriff of this State, and to hold hearings on said offenses and to commit the offenders to the jail in Chatham County, or admit them to bail if the offense is bailable, for their appearance at the next term of a court of competent jurisdiction to be held in and for Chatham 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 application will be made at the 1980 session of the General Assembly of Georgia after the publication of this notice for the passage of the following amendments to the City Charter, City of Port Wentworth, Chatham County, Georgia, Georgia Laws 1957, Act. No. 2 (Pg. 2003 et. seq. as amended), ARTICLE V. Police Court. Section 32, Penalties Impassable for Violations of Law, delete not to exceed two hundred ($200.00) dollars and substitute therein not to exceed five hundred ($500.00) dollars. ARTICLE VII. Taxes, Section 39, Limit. Delete not exceeding ten (10) mills on each dollar of the valuation thereof, and substituting not exceeding twenty-five (25) mills on each dollar of the valuation thereof. Jack Sparkman Georgia, Chatham County. Personally appeared before me, the undersigned officer authorized to administer oaths, H. M. Smith, known to me, who being sworn by me, deposes and says:

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That she is the designated agent of The Georgia Gazette and Journal Record, a newspaper of general circulation published in Savannah, Chatham County, Georgia, by The Georgia Gazette Publishing Company, a Georgia corporation; That The Georgia Gazette and Journal Record is the official organ of Chatham County pursuant to Ga. Code Sec. 39-1103 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of notices required by law; That she is authorized by The Georgia Gazette Publishing Company and The Georgia Gazette and Journal Record to make affidavits of publication on behalf of said newspaper; That she has reviewed the editions of The Georgia Gazette and Journal Record published on Jan. 28, 1980; Feb. 4, 1980; Feb. 11, 1980; and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions. /s/ H. M. Smith (Deponent) Sworn to and subscribed before me, this 11 day of February, 1980. /s/ Carolyn F. Benedict Notary Public, Chatham County, Georgia. (Seal). Approved March 26, 1980.

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CITY OF PORT WENTWORTH TAXATION. No. 1257 (House Bill No. 1840). AN ACT To amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, so as to change the allowable rate of taxation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, is hereby amended by striking Section 39 of said Act, which reads as follows: Section 39. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government, to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding ten (10) mills on each dollar of the valuation thereof., and substituting in lieu thereof the following: Section 39. The mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government, to provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding twenty-five mills on each dollar of the valuation thereof. 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 application will be made at the 1980 session of the General Assembly of Georgia after the publication of this notice for the passage of the following amendments to the City Charter, City of Port Wentworth, Chatham County, Georgia, Georgia Laws 1957, Act. No. 2 (Pg. 2003 et. seq. as amended), ARTICLE V. Police Court, Section 32, Penalties Impassable for Violations of Law, delete not to exceed two hundred ($200.00) dollars and substitute therein not to exceed five hundred ($500.00) dollars. ARTICLE VII. Taxes, Section 39, Limit. Delete not exceeding ten (10) mills on each dollar of the valuation thereof, and substituting not exceeding twenty-five (25) mills on each dollar of the valuation thereof. Jack Sparkman Georgia, Chatham County. Personally appeared before me, the undersigned officer authorized to administer oaths, H. M. Smith, known to me, who being sworn by me, deposes and says: That she is the designated agent of The Georgia Gazette and Journal Record, a newspaper of general circulation published in Savannah, Chatham County, Georgia, by The Georgia Gazette Publishing Company, a Georgia corporation; That The Georgia Gazette and Journal Record is the official organ of Chatham County pursuant to Ga. Code Sec. 39-1103 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of notices required by law; That she is authorized by The Georgia Gazette Publishing Company and The Georgia Gazette and Journal Record to make affidavits of publication on behalf of said newspaper;

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That she has reviewed the editions of The Georgia Gazette and Journal Record published on Jan. 28, 1980; Feb. 4, 1980; Feb. 11, 1980; and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions. /s/ H. M. Smith (Deponent) Sworn to and subscribed before me, this 11 day of February, 1980. /s/ Carolyn F. Benedict Notary Public, Chatham County, Georgia. (Seal). Approved March 26, 1980. TOWN OF NEWINGTON ELECTIONS. No. 1258 (House Bill No. 1847). AN ACT To amend an Act granting a new charter to the Town of Newington in Screven County, Georgia, approved February 11, 1969 (Ga. Laws 1969, p. 2003), so as to change the date of the annual election; 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 granting a new charter to the Town of Newington in Screven County, Georgia, approved February 11, 1969 (Ga. Laws 1969, p. 2003), is hereby amended by striking from the first sentence of Section 1.01 of Article III of said Act the following: first Thursday of January of each year, and substituting in lieu thereof the following: second Thursday of January of each year, so that when so amended the first sentence of Section 1.01 of Article III of said Act shall read as follows: Be it further enacted, that regular elections for mayor and councilmen as provided herein shall be held on the second Thursday of January of each year, at such place in the town as the mayor and council designated in the election notice. 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 1980 General Assembly of Georgia, a bill to amend the charter of the Town of Newington, (Ga. Laws 1969, p. 2003 et seq.), so as to amend Article III, Section 1.01, so as to change the time for elections from the first Thursday of January each year to the second Thursday of January of each year, and for other purposes.

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This 28th day of January, 1980. W. Jones Lane Representative, 81st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sylvania Telephone Screven County News which is the official organ of Screven County, on the following dates: January 31, February 7, 14, 1980. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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TURNER COUNTY COMPENSATION OF BOARD OF COMMISSIONERS. No. 1259 (House Bill No. 1848). AN ACT To amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3412), so as to increase 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 Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3412), is hereby amended by striking from Section 6 of said Act the following: $100.00, and substituting in lieu thereof the following: $200.00, and by striking the following: $150.00, and substituting in lieu thereof the following: $250.00, so that when so amended Section 6 of said Act shall read as follows: Section 6. Each member of the board, other than the chairman, shall receive for his services on the board the sum of $200.00 per month. The chairman shall receive the sum of $250.00 per month. Said salaries to be due and payable on the first day of each

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calendar month for the month served immediately preceding, the same to be full compensation for all services rendered during said month by each of the respective members of said board; except, that each member of said board may also be reimbursed out of the county funds for all necessary out-of-county traveling expenses incurred by said member in connection with his duties, said reimbursement to be subject to the approval of the full board; and, provided, that it shall be paid only after said account, together with the approval of the full board, is spread upon the minutes of said board. 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 of the intention to introduce a bill in the 1980 session of the General Assembly of the State of Georgia to increase the salaries of the County Commissioners and the Chairman of the County Commissioners of Turner County, Georgia, beginning January 1, 1981; to provide for an effective date for the legislation; and for other purposes in accordance with the provisions and the requirements of the laws and the Constitution of the State of Georgia. This the 17 day of December, 1979. 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

Page 4237

Local Legislation was published in The Wiregrass Farmer which is the official organ of Turner County, in the manner provided by law. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me. this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. TURNER COUNTY NAMED OFFICIALS PLACED ON SALARY BASIS. No. 1260 (House Bill No. 1849). AN ACT To abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner 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 officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for certain specific fees; to provide for the employment of personnel by said officers; to provide for their compensation; to provide for the operating

Page 4238

expenses of said offices; to provide for bonds; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The method of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County, known as the fee system, is hereby abolished and, in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Section 2. The clerk of the superior court shall receive an annual salary of not less than $15,000.00 nor more than $25,000.00, the exact amount to be determined by the governing authority of Turner County. Said salary shall be payable in equal monthly installments from the funds of Turner County. Section 3. The judge of the probate court shall receive an annual salary of not less than $15,000.00 nor more than $25,000.00, the exact amount to be determined by the governing authority of Turner County. Said salary shall be payable in equal monthly installments from the funds of Turner County. Section 4. The tax commissioner shall receive an annual salary of not less than $15,000.00 nor more than $25,000.00, the exact amount to be determined by the governing authority of Turner County. Said salary shall be payable in equal monthly installments from the funds of Turner County. Section 5. 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 his 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 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

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the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 6. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as now or hereafter amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as now or hereafter amended. Section 7. The Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County are authorized to appoint and employ one deputy for each office. Such deputy shall perform such duties and shall possess such authority as shall be specified by each officer. It shall be within the sole power and discretion of each officer to name the person to be employed as deputy, and the person so appointed and employed shall serve at the pleasure of the officer. Each deputy shall be compensated from the funds of Turner County in an amount to be fixed by the governing authority of Turner County. The compensation shall be paid in equal monthly installments. The governing authority of Turner County shall determine the need for any additional personnel and the compensation of any such additional personnel shall be determined by the governing authority of Turner County from the funds of Turner County. Section 8. The necessary operating expenses of each of said offices 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 each 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 each office shall be at the sole discretion of the governing authority of Turner County.

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Section 9. The official bonds of said officers and their respective deputy, assistants and other personnel, as may be required by law, shall be procured by said officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Section 10. 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, approved February 16, 1979 (Ga. Laws 1979, p. 3008), is hereby repealed in its entirety. Section 11. This Act shall become effective on January 1, 1981. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce a Bill in the 1980 session of the General Assembly of the State of Georgia to change the offices of Clerk of Superior Court, Judge of Probate Court, and Tax Commissioner of Turner County, Georgia from a fee system to a salary system, beginning with the terms of office commencing on January 1, 1981; to provide for the salaries for the above named officers; to provide for an effective date of the legislation; and for other purposes, in accordance with the provisions and the requirements of the laws and in Constitution of the State of Georgia. This the 24th day of January, 1980. Earleen Sizemore State Representative, 136th District

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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 Wiregrass Farmer which is the official organ of Turner County, on the following dates: January 24, 31, 1980, February 7, 1980. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me. this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. MUNICIPAL COURT IN AND FOR CITY OF COLUMBUS AND MUSCOGEE COUNTY JUDGE'S SALARY. No. 1261 (House Bill No. 1850). AN ACT To amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace,

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and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. Laws 1952, p. 2184), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3378) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4461), so as to change the compensation of the judge and 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 abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace, and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. Laws 1952, p. 2184), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3378) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4461), is hereby amended by striking from Section 10 the following: $22,500.00, and inserting in lieu thereof the following: $25,500.00, so that when so amended Section 10 shall read as follows: Section 10. The salary of the judge of said court shall be $25,500.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. Section 2. Said Act is further amended by striking from Section 11 the following: $16,000.00,

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and inserting in lieu thereof the following: $18,000.00, so that when so amended Section 11 shall read as follows: Section 11. The salary of the clerk of said court shall be $18,000.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. Section 3. 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 Apply for Local Legislation. Notice is hereby given that application will be made of the 1980 session of the Georgia General Assembly for passage of a bill to increase the salaries of the Judge of Municipal Court of Columbus and the Clerk of Municipal Court of Columbus, Muscogee County. Ernest C. Britton Judge, Municipal Court of Columbus Robert W. Paulk Clerk, Municipal Court of Columbus Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas D. 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

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the official organ of Muscogee County, on the following dates: January 11, 18, 25, 1980. /s/ Thomas D. Buck, III Representative, 95th District Sworn to and subscribed before me, this 14th day of February, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 26, 1980. CITY OF LESLIE APPEALS FROM MUNICIPAL COURT. No. 1262 (House Bill No. 1852). AN ACT To amend an Act providing a new charter for the City of Leslie, approved March 23, 1977 (Ga. Laws 1977, p. 3614), so as to provide that appeals to the Superior Court from the Municipal Court shall be by writ of certiorari; 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 charter for the City of Leslie, approved March 23, 1977 (Ga. Laws 1977, p. 3614), is hereby amended by striking in its entirety the last sentence of Section 4.14 and inserting in lieu thereof the following: An appeal to the Superior Court from the Municipal Court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the Superior Court from the Municipal Court, shall lie in the same manner as generally prescribed for appeals from the Probate Court., so that when so amended Section 4.14 shall read as follows: Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Sumter County from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court; provided, however, that any person who fails to file his appeal within ten days of the date on his conviction shall be deemed to have waived any such right. An appeal to the Superior Court from the Municipal Court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the Superior Court from the Municipal Court, shall lie in the same manner as generally prescribed for appeals from the Probate Court. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Leslie, approved March 23, 1977 (Ga. Laws 1977, p. 3614), so as to provide for appeals from the municipal court to the superior court by writ of certiorari; and for other purposes.

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This 21st day of January, 1980. Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 21, 28, February 4, 1980. /s/ Bill Murray Representative, 116th District

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Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. STATE COURT OF SUMTER COUNTY COMPENSATION OF JUDGE AND SOLICITOR. No. 1263 (House Bill No. 1853). AN ACT To amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2349), so as to change the compensation of the judge and solicitor of said court; to provide 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 Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2349), is hereby amended by striking from Section 5A the following:

Page 4248

$15,000, and inserting in lieu thereof the following: $17,000.00, so that when so amended Section 5A shall read as follows: Section 5A. The salary of the Judge of the State Court of Sumter County shall be $17,000.00 per annum, payable in equal monthly installments from the funds of Sumter County. Section 2. Said Act is further amended by striking from Section 6A the following: $10,000, and inserting in lieu thereof the following: $13,000.00, so that when so amended Section 6A shall read as follows: Section 6A. The Solicitor of the State Court of Sumter County shall receive an annual salary of $13,000.00 per annum, payable in equal monthly installments from the funds of Sumter County. Section 3. This Act shall become effective 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93) as amended, so as to change the compensation of the judge and solicitor of said court so

Page 4249

as to make the same reasonably commensurate with compensation of other state court officials in counties of equal or similar population; and for other purposes. This 21st day of January, 1980. Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 21, 28, February 4, 1980. /s/ Bill Murray Representative, 116th District

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Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. CATOOSA COUNTY BOARD OF EDUCATION, REFERENDUM. No. 1264 (House Bill No. 1855). AN ACT To provide for the election of members of the board of education of Catoosa County; to provide for education districts; to provide the manner of electing members to the board; to provide for qualifications and compensation of the members of the board; to provide for filling vacancies; to provide for the election of a chairman and other officers of the board by the members; to provide for all matters and procedures relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Catoosa County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Catoosa County, Catoosa County shall be divided into five education districts as follows:

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Education District No. 1. Education District No. 1 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1095 (Blackstock), G.M.D. No. 1109 (Catoosa), and G.M.D. No. 1110 (Woodstation). Education District No. 2. Education District No. 2 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 930 (Ringgold). Education District No. 3. Education District No. 3 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1555 (Boynton), G.M.D. No. 1094 (Chambers), and G.M.D. No. 1084 (Graysville). Education District No. 4. Education District No. 4 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1887 (Eighth) and G.M.D. No. 1888 (Tenth). Education District No. 5. Education District No. 5 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1096 (Ninth) and G.M.D. No. 1894 (Eleventh). Section 2. The members of the board shall be elected by the voters of the entire county, but candidates may not run for election to said board from any education district other than the district in which their legal residence lies. To be elected as a member of the board, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast. Section 3. No person shall be eligible to represent an education district unless he is at least 25 years of age, a freeholder, and has been a resident of the county at least two years and a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant. Section 4. The initial members of the board of education of Catoosa County shall be elected at a special election which shall be held on November 4, 1980. This special election shall be conducted according to the provisions of the Georgia Election Code as contained

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in Title 34 of the Code of Georgia, as amended. The candidates elected from districts 1 and 2 shall take office on the first day of January following their election and shall serve for a term of office of two years each and until their successors are duly elected and qualified. Candidates elected from education districts 3, 4, and 5 at said special election shall take office on the first day of January following their election and shall serve for a term of office of four years each and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the Catoosa County Board of Education, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified. Section 5. At the first meeting of the board, which shall be conducted in January of each year, the board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board shall be compensated in the amount of $50.00 per month, except the chairman who shall receive $60.00 per month, payable monthly, plus the necessary expenses incurred in carrying out their official duties. Section 6. Vacancies on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor from the education district in which the vacancy occurred to serve until the next general election, at which time a successor shall be elected by the voters of the entire county from the education district in which the vacancy occurred 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 from the education district in which the vacancy occurred to serve out the unexpired term of office. The Catoosa County Board of Education created by this Act shall be the successor to all the rights, powers, duties, and obligations of the former Catoosa County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education.

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Section 7. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Catoosa County to issue the call for an election for the purpose of submitting this Act to the voters of Catoosa County for approval or rejection. The election superintendent shall set the date of such election for the same date as the general primary election in August, 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words: For approval of the Act providing for the election of the Catoosa County Board of Education by the people and for the appointment of the county school superintendent of Catoosa County by the board. Against approval of the Act providing for the election of the Catoosa County Board of Education by the people and for the appointment of the county school superintendent of Catoosa County by the board. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. 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 Catoosa County. It shall be the duty of the election superintendent to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the election superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 requested local legislation for the purpose of calling for a referendum so as to elect the school board members of Catoosa County, at the January, 1980 Session of the General Assembly of the State of Georgia. This the 15th day of January, 1980. Robert G. Peters State Representative, Catoosa County, Georgia Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 17, 1980, January 24, 1980, January 31, 1980. /s/ Jim Caldwell

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Sworn to and subscribed before me, this the 28 day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 26, 1980. CATOOSA COUNTY TAX COMMISSIONER'S CLERICAL ALLOWANCE. No. 1265 (House Bill No. 1856). AN ACT To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p. 1267), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4209), so as to increase the amount of the clerical allowance 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 creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p. 1267), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4209), is hereby amended by striking from Section 5 of said Act the following:

Page 4256

twenty thousand eight hundred dollars ($20,800.00), and inserting in lieu thereof the following: twenty-five thousand eight hundred dollars ($25,800.00), so that when so amended Section 5 shall read as follows: Section 5. The compensation of the Tax Commissioner of Catoosa County, as full compensation for any and all duties performed by him as receiver and collector of school district and school bond taxes, and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of eight thousand five hundred dollars ($8,500.00) per annum, to be paid in equal semimonthly installments; and the sum of twenty-five thousand eight hundred dollars ($25,800.00) per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional and special taxes, on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, and on all intangible taxes, but all commissions due to said tax commissioner for school taxes, school bond taxes and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this Section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to alter the salary of the Tax Commissioner of Catoosa County and to increase the clerical allowance, and for any other purpose, at the January, 1980 Session of the General Assembly of the State of Georgia. This the 15th day of January, 1980. Robert G. Peters State Representative, Catoosa County, Georgia Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 17, 1980, January 24, 1980, January 31, 1980. /s/ Jim Caldwell

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Sworn to and subscribed before me, this the 28 day of January, 1980. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 26, 1980. STATE COURT OF DOUGHERTY COUNTY JUDGE'S SALARY. No. 1266 (House Bill No. 1858). AN ACT To amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. Laws 1898, p. 295), an Act approved November 15, 1901 (Ga. Laws 1901, p. 93), an Act approved August 5, 1904 (Ga. Laws 1904, p. 114), an Act approved August 20, 1906 (Ga. Laws 1906, p. 147), an Act approved August 22, 1907 (Ga. Laws 1907, p. 129), an Act approved August 14, 1914 (Ga. Laws 1914, p. 177), an Act approved August 7, 1915 (Ga. Laws 1915, p. 61), an Act approved August 20, 1917 (Ga. Laws 1917, p. 211), an Act approved July 19, 1920 (Ga. Laws 1920, p. 303), an Act approved July 18, 1925 (Ga. Laws 1925, p. 346), an Act approved July 19, 1927 (Ga. Laws 1927, p. 378), an Act approved July 29, 1929 (Ga. Laws 1929, p. 366), an Act approved February 15, 1933 (Ga. Laws 1933, p. 287), an Act approved February 25, 1949 (Ga. Laws 1949, p. 2035), an Act approved February

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5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. Laws 1955, p. 2850), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2408), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3326), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2926), an Act approved March 18, 1964 (Ga. Laws 1964, p. 3053), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2505), an Act approved April 18, 1969 (Ga. Laws 1969, p. 2923), an Act approved March 20, 1972 (Ga. Laws 1972, p. 2320), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3257), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3777), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3176), so as to change the compensation of the judge 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 the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. Laws 1898, p. 295), an Act approved November 15, 1901 (Ga. Laws 1901, p. 93), an Act approved August 5, 1904 (Ga. Laws 1904, p. 114), an Act approved August 20, 1906 (Ga. Laws 1906, p. 147), an Act approved August 22, 1907 (Ga. Laws 1907, p. 129), an Act approved August 14, 1914 (Ga. Laws 1914, p. 177), an Act approved August 7, 1915 (Ga. Laws 1915, p. 61), an Act approved August 20, 1917 (Ga. Laws 1917, p. 211), an Act approved July 19, 1920 (Ga. Laws 1920, p. 303), an Act approved July 18, 1925 (Ga. Laws 1925, p. 346), an Act approved July 19, 1927 (Ga. Laws 1927, p. 378), an Act approved July 29, 1929 (Ga. Laws 1929, p. 366), an Act approved February 15, 1933 (Ga. Laws 1933, p. 287), an Act approved February 25, 1949 (Ga. Laws 1949, p. 2035), an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. Laws 1955, p. 2850), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2408), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3326), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2926), an Act

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approved March 18, 1964 (Ga. Laws 1964, p. 3053), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2505), an Act approved April 18, 1969 (Ga. Laws 1969, p. 2923), an Act approved March 20, 1972 (Ga. Laws 1972, p. 2320), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3257), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3777), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3176), is hereby amended by striking from Section 10 the following: $25,000, and substituting in lieu thereof the following: $35,000, and by striking the following: The governing authority of Dougherty County may supplement the salary provided in this Section., so that when so amended Section 10 shall read as follows: Section 10. The judge of the court shall receive an annual salary in the amount of $35,000. Such salary shall be paid in equal monthly installments from the funds of Dougherty 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Dougherty County, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended; and for other purposes.

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This 27 day of December, 1979. 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: January 3, 10, 17, 1980. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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BRANTLEY COUNTY BOARD OF COMMISSIONERS. No. 1267 (House Bill No. 1859). AN ACT To amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 2258), so as to change the composition of the Board of Commissioners of Brantley County; to provide for the election of members and their terms of office; to change the provisions relating to filling vacancies; to change the compensation of the chairman and other members of said board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioners of Roads and Revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 2258), is hereby amended by striking Sections 1, 2, 3, and 4 in their entirety and inserting in lieu thereof new Sections 1, 2, 3, and 4 to read as follows: Section 1. There is hereby created a five-member Board of Commissioners of Brantley County who shall administer the affairs of the county. Section 2. For the purpose of electing members of the board, the respective positions on the board shall be numbered Post 1, Post 2, Post 3, Post 4, and Post 5. A candidate elected to Post 1 shall serve as the chairman of the board of commissioners for Brantley County during his respective term on the board. At the time of qualifying as a candidate for election to the board, a candidate shall designate the post for which he offers for election; and a candidate may not offer for more than one post. Candidates offering for election to the board may reside anywhere within the county. Section 3. The members of the Board of Commissioners of Brantley County serving on the effective date of this Act, or any successors appointed to fill vacancies created by such members,

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shall serve for a term of office expiring December 31, 1980. At the general election in 1980, the members of the board of commissioners elected to Post 1, Post 2, and Post 3 in accordance with the provisions of Section 2 shall be elected to take office on January 1, 1981, for terms of four years and until their successors are elected and qualified. At said general election in 1980, the members elected to Post 4 and Post 5 shall be elected to take office on January 1, 1981, for terms of two years and until their successors are elected and qualified. Thereafter, 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 for terms of four years and until their successors are elected and qualified. Section 4. The chairman of the board of commissioners shall be the chief executive officer of the board. He shall carry out the policies of the board concerning the governing of the affairs of Brantley County. He shall not vote on questions coming before the board except to break a tie. He shall receive as compensation for his services as such the sum of $1,000.00 per month plus a mileage expense at the rate of 17 per mile expended in administering the affairs of his office. Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. If a vacancy occurs on the Board of Commissioners of Brantley County and the unexpired term of office exceeds twelve months in duration, not less than thirty days after the occurrence of said vacancy the election superintendent of Brantley County shall issue the call for a special election for the purpose of electing a successor to serve out the unexpired term of office. If a vacancy occurs on said board and the unexpired term of office is less than twelve months in duration, the judge of the Superior Court of Brantley County with the longest term of service as judge of said court shall appoint a successor to serve out the unexpired term of office; provided, however, that, if the vacancy occurs in Post 1 and the unexpired term of office is less than twelve months in duration, the person appointed by the judge of the superior court shall not serve as chairman. The duties of the chairman in such a case shall be performed by the vice chairman or, if not the vice chairman for

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any reason, then by the commissioner elected by the members of the board to carry out such duties. Section 3. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The board of commissioners shall hold at least one regularly scheduled monthly meeting which shall be on the first Tuesday in each month until changed by the board. The members of the board other than the chairman shall receive the sum of $125.00 per month for their services as members of the board plus the sum of 17 per mile expended going to and from meetings of the board. If any member of the board shall miss more than two regularly scheduled meetings of the board during any calendar year for any cause other than providential, he shall not be entitled to receive compensation provided for herein for the remainder of that calendar year. The members of the board of commissioners, other than the chairman, shall also receive the sum of $25.00 per called meeting up to two called meetings per month. 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioners of roads and revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 2258); and for other purposes. This 15th day of January, 1980. James Moore Representative, 152nd District, Post 1

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James 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 Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 15, 22, 29, 1980. /s/ James Moore Representative, 152nd District Sworn to and subscribed before me, this 13th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. LAURENS COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1268 (House Bill No. 1860). AN ACT To amend an Act creating and establishing a small claims court in and for Laurens County, approved March 2, 1979 (Ga. Laws

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1979, p. 3071), so as to specify certain powers of the judge of said court; to change certain fees and costs; 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 Laurens County, approved March 2, 1979 (Ga. Laws 1979, p. 3071), is hereby amended by adding before the period at the end of the third sentence of Section 1 the following: , including but not limited to the power to issue warrants, conduct commitment hearings, and approve bail bonds, so that when so amended said Section 1 shall read as follows: 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, including but not limited to the power to issue warrants, conduct commitment hearings, and approve bail bonds. Section 2. Said Act is further amended by striking from subsection (e) the first sentence, which reads as follows: When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00., and inserting in lieu thereof the following: When served as provided, the cost of service shall be in an amount determined by the judge of the small claims court but

Page 4267

which cost shall not exceed the fee established by law for sheriff's service., so that when so amended said subsection (e) shall read as follows: (e) When served as provided, the cost of service shall be in an amount determined by the judge of the small claims court but which cost shall not exceed the fee established by law for sheriff's service. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 3. Said Act is further amended by striking from subsections (a) and (b) of Section 8 thereof, wherever it appears, the following: $7.50, and inserting in lieu thereof the following: $15.00, so that when so amended said Section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $15.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $15.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the case at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge

Page 4268

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. Section 4. Said Act is further amended by striking in it entirety Section 23 thereof, which reads as follows: 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., and inserting in lieu thereof the following: Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall not exceed the fee established by law for the execution of a fi. fa. by the sheriff, plus a reasonable amount for drayage, both of which shall be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $5.00. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Advertisement. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Laurens County,

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Georgia, by changing the costs of filing, summons, service, and execution; to provide an effective date; to repeal conflicting laws; and, for other purposes. Leon Green County Attorney Legal. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Laurens County, Georgia, by changing the costs of filing, summons, service, and execution; to provide an effective date; to repeal conflicting laws; and, for other purposes. Leon Green County Attorney Georgia, Laurens County. This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 23, 30, and February 6, 1980. Certified this the 7th day of February, 1980. /s/ Dahlia Wren, Editor and Publisher Laurens County News

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Sworn to and subscribed before me, this 7th day of February, 1980. /s/ Donald W. Gillis Notary Public, Georgia State at Large. My Commission Expires Aug. 15, 1982. (Seal). Approved March 26, 1980. CITY OF STILLMORE ELECTIONS. No. 1269 (House Bill No. 1864). AN ACT To amend an Act establishing the City of Stillmore, approved August 24, 1905 (Ga. Laws 1905, p. 1164), as amended, so as to provide for biennial election of the members of the city council; to provide for other related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City of Stillmore, approved August 24, 1905 (Ga. Laws 1905, p. 1164), as amended, is hereby amended by striking Section 5 which reads as follows: Sec. 5. Be it further enacted by the authority aforesaid, That the first election for members of said city council shall be held on the second Monday in January, 1906, and that elections shall be held for members of said city council annually thereafter on the second Monday in January; that all special elections shall be held

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and returns thereof made, in the same manner and under the same regulations as regular elections are held for said city, and at the usual place of holding the same, and at such time as may be selected by said city council; provided, that at least ten days notice shall be given by posting a written or printed notice of the same in front of the said council chamber in said city, and also by publishing a notice of said election in any newspapers that may be published in said city of Stillmore, should one be published therein, not more than ten days nor less than 3 days before said election is held., and inserting in lieu thereof a new section to read as follows: Section 5. Be it further enacted by the authority aforesaid, after the election for members of said city council and mayor held on the second Monday in January, 1981, elections shall be held for members of said city council and mayor biennially on the second Monday in January. The mayor and council members shall serve for terms of two years after they are elected and qualified 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 1980 Session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Stillmore, approved August 24, 1905 (Ga. Laws 1905, p. 1164), so as to change the term of office of the mayor and city councilmen, and for other purposes. This 28th day of January, 1980. James E. Daughtry, Mayor City of Stillmore

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Georgia, Emanuel County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Rogers, Sr., Publisher, who, on oath deposes and says that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Blade, which is the official organ of Emanuel County, Georgia, on the following dates: January 30, 1980, February 6, 1980, and February 13, 1980. This 15th day of February, 1980. /s/ William C. Rogers, Sr. Publisher Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Gwilda Y. Harris Notary Public. My Commission Expires April 4, 1982. (Seal). Approved March 26, 1980.

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EMANUEL COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1270 (House Bill No. 1865). AN ACT To amend an Act creating a Small Claims Court in and for Emanuel County, approved April 17, 1975 (Ga. Laws 1975, p. 4341), so as to change the jurisdiction of and certain fees in the court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in and for Emanuel County, approved April 17, 1975 (Ga. Laws 1975, p. 4341), is hereby amended by striking from Section 1 the figure $1,000.00 and inserting in lieu thereof the figure $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 Emanuel County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking from subsection (d) of Section 6 the figure $5.00 and inserting in lieu thereof the figure $10.00, 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 $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Section 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 1980 Session of the General Assembly of Georgia a bill to increase the statutory limitations of the Small Claims Court of Emanuel County from $1,000.00 to $1,500.00, and to increase the fees paid to bailiffs of said court, and for other purposes. This 28th day of January, 1980. H. Kelmer Durden, Judge Small Claims Court of Emanuel County, Georgia Georgia, Emanuel County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Rogers, Sr., Publisher who, on oath deposes and says that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Blade, which is the official organ of Emanuel County, Georgia, on the following dates: January 30, 1980, February 6, 1980, and February 13, 1980. This 15th day of February, 1980. /s/ William C. Rogers, Sr., Publisher

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Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Gwilda Y. Harris Notary Public. My Commission Expires 4-4-82. (Seal). Approved March 26, 1980. LAURENS COUNTY COMPENSATION OF JUDGE OF PROBATE COURT. No. 1271 (House Bill No. 1866). AN ACT To amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971, (Ga. 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), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4463), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3953), 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

Page 4276

approved March 4, 1977 (Ga. Laws 1977, p. 2807), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4463), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3953), is hereby amended by striking from Section 1 the following: $16,906.00 and inserting in lieu thereof the following: $18,090.00 so that when so amended, said Section 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 $18,090.00 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 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter

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the compensation of the Judge of the Probate Court of Laurens County, to provide an effective date, and for other purposes. Leon Green County Attorney Legal Ad. Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Judge of the Probate Court of Laurens County, to provide an effective date, and for other purposes. Leon Green County Attorney Georgia, Laurens County. This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 30, February 6 and 13, 1980. Certified this the 14th day of February, 1980. /s/ Dahlia Wren, Editor and Publisher Laurens County News

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Sworn to and subscribed before me, this 14th day of February, 1980. /s/ Donald W. Gillis Notary Public. Georgia, Laurens County. My Commission Expires August 15, 1982. (Seal). Approved March 26, 1980. STATE COURT OF THOMAS COUNTY SALARIES, PRACTICE AND PROCEDURE. No. 1272 (House Bill No. 1867). AN ACT To amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville, in and for the County of Thomas), approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by Acts approved April 6, 1967 (Ga. Laws 1967, p. 2821 and Ga. Laws 1967, p. 2824), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), and Acts approved March 13, 1978 (Ga. Laws 1978, p. 3259 and Ga. Laws 1978, p. 3262), so as to change the salary to be paid to the judge and solicitor general of said court; to provide for trial in said court, in civil and criminal cases, by a jury of six, and to provide for the size of the jury panels and the method and manner of selection; to provide the procedures in connection therewith; 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 Thomas County (formerly known as the City Court of Thomasville, in and for the County of Thomas), approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by Acts approved April 6, 1967 (Ga. Laws 1967, p. 2821 and Ga. Laws 1967, p. 2824), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), and Acts approved March 13, 1978 (Ga. Laws 1978, p. 3259 and Ga. Laws 1978, p. 3262), is hereby amended by striking the last two sentences of Section 12 in their entirety and inserting in lieu thereof the following: The said Judge shall receive a salary of not less than $12,000.00 per annum, which shall be paid monthly out of the treasury of Thomas County. The salary of the Judge shall be fixed at as early a date as practicable in the beginning of each year and for a period of one year from the date of fixing the same. Section 2. Said Act is further amended by striking in its entirety Section 16(b), as amended, and inserting in lieu thereof a new Section 16(b) to read as follows: (b) The Solicitor General shall receive a salary of not less than $9,000.00 per annum, which shall be paid monthly out of the treasury of Thomas County. The salary of the Solicitor General shall be fixed at as early a date as practicable in the beginning of each year and for a period of one year from the date of fixing the same. Section 3. Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows: Section 23. Be it further enacted that the jurors in said court shall be drawn from the traverse jury list of the Superior Court of Thomas County and that in the trial of all civil and criminal cases in the State Court of Thomas County, said case shall be submitted to a jury of six (unless trial by jury be waived), selected from a panel of twelve qualified jurors, from which panel each side shall have the right of three peremptory strikes, thus providing a jury of six for the trial of the case.

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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 1980 Session of the Georgia General Assembly an Act to amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville, in and for the County of Thomas) approved August 18, 1905 (Ga. L. 1905, p. 383), as amended, so as to provide for trial in said Court, in civil and criminal cases, by a jury of six, and to provide for the size of the jury panels and the method and manner of selection; to provide the procedures in connection therewith; to repeal conflicting laws; and for other purposes. This 31st day of December, 1979. Board of Commissioners of Thomas County, Georgia By: Ronald A. Cohen Attorney for Thomas County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he/she is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the Times Enterprise which is the official organ of Thomas County, on the following dates: January 4, 11, 18, 1980. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. LEGISLATIVE ADVISORY COMMISSION ON LOCAL GOVERNMENT FOR CERTAIN COUNTIES (170,000 - 190,000). No. 1273 (House Bill No. 1869). AN ACT To create a Legislative Advisory Commission on Local Government for each county of this State having a population of not less than 170,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census; to provide for the membership and duties of such Commission; to provide for budgeting and to authorize the expenditure of certain public funds; to provide for a report and termination date; 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:

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Section 1. (a) There is hereby created a Legislative Advisory Commission on Local Government for each county of this State having a population of not less than 170,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census. As used in this Act, the word Commission means the Commission herein created. (b) The Commission shall be composed of 20 members who shall be appointed as follows: (1) Each member of the General Assembly whose Senatorial or Representative district lies wholly within a county subject to this Act shall appoint two members to the Commission. (2) Each member of the General Assembly whose Senatorial or Representative district lies partly within and partly without a county subject to this Act shall appoint one member to the Commission. (c) No person who is a member of the General Assembly on the effective date of this Act shall be eligible to serve as a member of the Commission. (d) The members of the General Assembly shall make the appointment of members of the Commission by not later than May 1, 1980. Such appointments shall be made by letter to the Chief Judge of the superior courts of the judicial circuit wherein a county subject to this Act lies. Upon receiving the letters making the appointments to the Commission as provided herein, said Chief Judge shall call the organizational meeting of the Commission for May 15, 1980. In such call said Chief Judge shall specify the time and place of such organizational meeting. (e) At said organizational meeting, the Commission shall elect from its own membership a Chairman, Vice Chairman, and Secretary-Treasurer of the Commission. The Commission shall provide for its own governance by the adoption of bylaws or rules or regulations for such purpose; provided, however, that a majority of the members serving shall constitute a quorum for the transaction of business. The Commission shall be authorized to establish such subcommittees as it deems necessary or appropriate.

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(f) Each member of the Commission shall receive the sum of $10.00 per day for attending meetings of the Commission or subcommittees thereof within the territorial boundaries of a county affected by this Act. Each member of the Commission shall be reimbursed for actual and necessary expenses incurred in attending meetings of the Commission or subcommittees thereof outside the boundaries of such county. The Commission shall meet on the call of the Chairman or any seven members of the Commission at such times and places as necessary to carry out its duties and responsibilities as hereinafter provided. All meetings of the Commission shall be open to the public and each member of the General Assembly or his successor who made appointments to the Commission shall be notified, in writing, of the date, time and place of each meeting of the Commission. (g) In the event of a vacancy on the Commission for any reason, such vacancy shall be filled by the member of the General Assembly then representing the Senatorial or Representative district from which the original appointment was made. No vacancy or vacancies on the Commission shall impair its authority to accomplish its duties as provided by this Act. Section 2. Subject to budgetary limitations hereinafter provided, the Commission shall be authorized to employ such staff, consultants, and clerical personnel as may be necessary for it to carry out efficiently and effectively its duties and responsibilities under this Act. Section 3. (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 which shall be from the date of the organizational meeting until March 1, 1982. Said budget shall show in detail anticipated expenditures for all employees of the Commission, consultant fees, office rent, supplies, equipment, printing, and other incidental expenses. It shall be the duty of the governing authority of a county subject to this Act to cooperate fully with the Commission in avoiding any unnecessary expenditures by the Commission. The Commission shall not budget in excess of $50,000.00 for its entire period of operation, and the governing authority of a county subject to this Act shall not expend more than $50,000.00 for the operation of the Commission during its entire period of operation.

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(b) When prepared, the budget shall be submitted to the governing authority of a county subject to this Act for review and approval within 30 days of its submission to said governing authority. The Commission shall make such amendments to the budget as may be directed by said governing authority and resubmit the budget to said governing authority for adoption. Once adopted, the budget may be amended from time to time, if necessary, but only with the approval of the governing authority of such county. (c) The funds necessary for the operation of the Commission shall come from the funds of the respective counties subject to this Act, and it is hereby declared that the expenditure of such funds is for a public purpose and for a necessary governmental function. (d) All expenditures by the Commission, including reimbursement of expenses incurred by members of the Commission, shall be approved by the Chairman or by the Vice-Chairman in the absence of the Chairman. Section 4. (a) It shall be the duty of the Commission to review and evaluate the operation, revenues, expenditures, types and degrees of services provided, duplication of services, and organization of the various political subdivisions located within a county subject to this Act. It shall be the purpose of such review and evaluation to make recommendations to the members of the General Assembly specified in subsection (b) of Section 1 of this Act regarding proposed legislation to improve the delivery of governmental services by the political subdivisions located within such county. By way of illustration and not of limitation, the Commission, based on its review and evaluation, may make recommendations relative to city-county consolidation, including a proposed consolidated government charter, other forms of governmental reorganization, merger of services, intergovernmental contracts for the provision of services, and incorporation of unincorporated areas of any such county. (b) In carrying out its duties as provided in subsection (a) of this Section, the Commission may consult with and seek the advice of such State and local public agencies and private individuals, associations, and organizations as the Commission deems appropriate.

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Section 5. The Commission shall complete its review and evaluation and issue a report thereon to the members of the General Assembly specified in subsection (b) of Section 1 of this Act by October 1, 1981. The Commission shall continue to exist for the purpose of meeting with said members of the General Assembly to discuss and explain the Commission's recommendations until March 1, 1982, on which date the Commission shall stand abolished. Section 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980. SMALL CLAIMS COURTS IN CERTAIN COUNTIES (33,300 - 34,056) (31,700 - 32,300). No. 1274 (House Bill No. 1871). AN ACT To amend an Act creating a small claims court in each county of this state having a population of not less than 33,300 nor more than 34,056 according to the United States decennial census of 1960 or any future such census, approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by the Act approved March 6, 1962 (Ga. Laws 1962, p. 3195), and as further amended by the Act approved March

Page 4286

15, 1963 (Ga. Laws 1963, p. 2227), and as further amended by the Act approved March 31, 1965 (Ga. Laws 1965, p. 3076), and as further amended by the Act approved April 21, 1967 (Ga. Laws 1967, p. 3309), so as to change certain population brackets; to change the jurisdiction of such courts; to change the provisions relating to costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a small claims court in each county of this state having a population of not less than 33,300 nor more than 34,056 according to the United States decennial census of 1960 or any future such census, approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by the Act approved March 6, 1962 (Ga. Laws 1962, p. 3195), and as further amended by the Act approved March 15, 1963 (Ga. Laws 1963, p. 2227), and as further amended by the Act approved March 31, 1965 (Ga. Laws 1965, p. 3076), and as further amended by the Act approved April 21, 1967 (Ga. Laws 1967, p. 3309), is hereby amended by striking Section 1 thereof in its entirety and inserting in lieu thereof the following: Section 1. There is hereby created and established in each county in this state having a population of not less than 31,700 and not more than 32,300 according to the United States decennial census of 1970 or any future such census a court known as the small claims court, which court shall have civil jurisdiction in all cases at law in which the principal amount of the demand or damages claimed or value of the property involved does not exceed $1,500.00, said jurisdiction to be county-wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties; and such jurisdiction shall include the power to issue writs of garnishment and attachment and to foreclose chattel mortgages and other instruments passing or retaining title to personalty for the purpose of securing debt and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Section 2. Said Act is further amended by striking Section 8 thereof in its entirety and inserting in lieu thereof the following:

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Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of $11.50 in claim cases against a single defendant, and $5.00 for each additional defendant in claims against two or more joint defendants, which shall cover the costs of that proceeding up to and including the rendering of a judgment, except the costs of serving process or notices to defendants and summonsing witnesses and hearing sworn testimony when required; but the deposit of costs as filing fees in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, and in actions ex delicto or in tort, shall be $13.50; and, in all contested actions ex delicto, the judge shall be entitled to additional compensation of $15.00 for each hour or fraction thereof required in hearing such cases; and in all other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in all claim cases and illegalities instituted by third persons after levy or after garnishment, the costs shall be $13.50, to be deposited by the party instituting such action and finally taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny any litigant to proceed further in the case pending, and the judge shall also have the power to issue executions in favor of the officers of the court for any unpaid costs and have same enforced by levy and sale, by garnishment, or both. The final award of court costs, as between litigants, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980.

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CITY OF ATLANTA APPROPRIATIONS TO PURCHASE EVIDENCE, ETC. No. 1275 (House Bill No. 1874). 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, p. 2188), as amended, so as to provide that the corporate powers of the City of Atlanta shall include the power to appropriate general funds for the purchase of evidence and information by law enforcement officers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF THE STATE 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 60 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. Appendix I of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188), approved March 16, 1973, is hereby amended by adding to the corporate powers of the City of Atlanta the power to appropriate general funds for the purchase of evidence and information for use by law enforcement officers in the performance of their official duties, said power to be labeled (58) and to read as follows: To appropriate monies from the general fund for the purchase of evidence and the purchase of information by law enforcement officers of the City in the performance of their official duties.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without approval. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta, the Atlanta Board of Education and the Atlanta Independent Public School System as a part of such City, intends to apply for the passage of local legislation at the 1980 Session of the General Assembly of Georgia, which convenes on Monday, January 14, 1980, 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, p. 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, p. 2167), as amended, and for other purposes. This 12th day of December, 1979. William M. (Bill) Alexander Legislative Coordinator City of Atlanta William Stanley Legislative Coordinator Atlanta Board of Education Atlanta Independent School System

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney J. Marcus who, on oath, deposes and says that he/she is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 26, 1979, January 2, 9, 1980. /s/ Sidney J. Marcus Representative, 26th District Sworn to and subscribed before me, this 20th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. MITCHELL COUNTY CORONER PLACED ON SALARY BASIS. No. 1276 (House Bill No. 1875). AN ACT To abolish the present mode of compensating the coroner of Mitchell County, Georgia, known as the fee system; to provide in lieu

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thereof an annual salary for the coroner; to provide for the payment of mileage to the coroner for out-of-town trips; to provide for periodic statements to the board of commissioners by the coroner; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the coroner of Mitchell County, known as the fee system, is hereby abolished and, in lieu thereof, an annual salary for said officer is prescribed as hereinafter provided. Section 2. The coroner of Mitchell County shall receive an annual salary of not less than $1,800.00 payable in equal monthly installments from the funds of Mitchell County. Section 3. The coroner shall receive, in addition to his salary, the sum of 20 per mile for all necessary and legal travel outside of Mitchell County and which payment shall be made monthly on presentation by the coroner of proof of authorized trips and the total mileage during that month. Section 4. Even though the coroner is placed on salary, he shall make a monthly report to the governing authority of Mitchell County of all official acts of the coroner for the preceding month. These statements shall be filed with the clerk of the governing authority not later than the fifth day of each month hereafter. Section 5. The compensation provided in this Act shall be the entire compensation which the coroner might be entitled to receive. Section 6. In the event that an official bond is required of the coroner, the premiums and costs thereof shall be paid out of county funds available for that purpose. Section 7. The board of commissioners shall have the right to fix the salary of the coroner annually and any other lawful expenditure

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for said office. The decision of the board of commissioners shall be final. Section 8. The provisions of this Act shall become effective 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 legislation will be applied for during the 1980 session of the Georgia Legislature, placing the Coroner of Mitchell County on salary, fixing the salary of such office and for other purposes. Board of Commissioners of Mitchell County Frank S. Twitty, Sr. County Attorney Camilla, Georgia Georgia, Mitchell County. Personally appeared before the undersigned office authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear. Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of February 1, 8 and 15, 1980. /s/ B. T. Burson

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Sworn to and subscribed before me, this 18th day of February, 1980. /s/ Adayna B. Broome Notary Public. My Commission Expires June 4, 1982. (Seal). Approved March 26, 1980. CHATTOOGA COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1277 (House Bill No. 1876). AN ACT To amend an Act establishing a Small Claims Court for Chattooga County, approved April 11, 1979 (Ga. Laws 1979, p. 4066), so as to change certain provisions relating to fees and costs; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Small Claims Court for Chattooga County, approved April 11, 1979 (Ga. Laws 1979, p. 4066), is hereby amended by striking from subsection (d) of Section 6 the figure $5.00 and inserting in lieu thereof the figure $10.00, so that when so amended said subsection shall read as follows:

Page 4294

(d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided and shall be taxed as other costs. Section 2. Said Act is further amended by striking from Section 8 the figure $10.00, wherever the same appears, and inserting in lieu thereof the figure $12.50, so that when so amended said section shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $12.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $12.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The costs shall be $12.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge. Section 3. Said Act is further amended by striking from Section 23 the figure $5.00 and inserting in lieu thereof the figure $10.00, so that when so amended said section shall read as follows: Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars.

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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 1980 session of the General Assembly of Georgia a bill to amend an Act establishing a Small Claims Court for Chattooga County, approved April 11, 1979, (Ga. Laws 1979, p. 4066), so as to change certain provisions relating to fees and costs; to provide for other matters relative to the foregoing; and for other purposes. This 22 day of January, 1980. 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: January 24, 31, February 7, 1980. /s/ John G. Crawford Representative, 5th District

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Sworn to and subscribed before me, this 20th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. CITY OF MADISON MAYOR'S COURT. No. 1278 (House Bill No. 1880). 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, so as to change certain provisions relating to penalties which may be imposed in the mayor's court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. Laws 1890-91, Vol. II, p. 827), as amended, is hereby amended by striking from Section XVIII the following: one hundred dollars, and inserting in lieu thereof the following:

Page 4297

five hundred dollars, so that when so amended said section shall read as follows: Sec. XVIII. Be it further enacted, That the mayor, or in his absence or disqualification any two or more aldermen, shall as often as may be necessary hold a police court, to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of the city of Madison. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding thirty days, or be put at labor upon the streets or other public works in said city for a period not to exceed six months. Either or all of said penalties may be imposed in the discretion of the court. Said court shall have the power to preserve order and compel the attendance of witnesses, to punish for contempt, said punishment not to exceed the punishment hereinbefore provided for offenders against the laws and ordinances. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. Notice is hereby given that there will be introduced during the 1980 Session of the Georgia General Assembly a bill to amend an act creating a new charter for The City of Madison, Georgia approved October 6, 1891 (Georgia Laws 1890, 1891, Volume 2, Page 827) as amended so as to change certain provisions relating to the Mayor's Court and for other purposes. This 23rd day of January, 1980. E. R. Lambert Representative, 112th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Madisonian which is the official organ of Morgan County, on the following dates: January 24, 31, February 7, 1980. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 25th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. CITY OF DOUGLAS QUORUM OF BOARD OF COMMISSIONERS. No. 1279 (House Bill No. 1881). AN ACT To amend an Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. Laws 1899, p. 177), as amended,

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particularly by an Act approved March 12, 1941 (Ga. Laws 1941, p. 1323) and an Act approved March 13, 1957 (Ga. Laws 1957, p. 2833), so as to change the requirements for a quorum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. Laws 1899, p. 177), as amended, particularly by an Act approved March 12, 1941 (Ga. Laws 1941, p. 1323) and an Act approved March 13, 1957 (Ga. Laws 1957, p. 2833), is hereby amended by striking from the last sentence of Section 10 of the 1941 amendatory Act, approved March 12, 1941 (Ga. Laws 1941, p. 1323), as amended by an Act approved March 13, 1957 (Ga. Laws 1957, p. 2833) the following: Three, and substituting in lieu thereof the following: Four, so that when so amended Section 10 shall read as follows: Section 10. The commissioners, at their first meeting and at their first meeting in each succeeding term thereafter, shall elect by a majority vote one of their members as mayor pro tem. The mayor and mayor pro tem shall have imposed upon them all of the duties now exercised and imposed upon the mayor and the mayor pro tem of said city, except as herein otherwise expressly provided. Neither the mayor nor the mayor pro tem shall have veto power, but they shall have a vote on all questions before the board of commissioners. Four members of the commission shall constitute a quorum and may exercise any power delegated to the commission. 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 1980 session of the General Assembly of Georgia, a bill to amend an act providing that three members of the City Commission of the City of Douglas, shall constitute a quorum, and for the other purposes, approved March 12, 1941 (Ga. Laws 1941, p. 1323, Act No. 185, Section 10; Ga. Laws 1957, p. 2833, Act No. 309, Section 7), as amended; to repeal conflicting laws, and for other purposes. This 22nd day of January, 1980. James Moore Representative, 152nd District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James 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 Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 31, 1980, February 7, 14, 1980. /s/ James Moore Representative, 152nd District

Page 4301

Sworn to and subscribed before me, this 21st day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. CITY OF MOULTRIE CIVIL SERVICE SYSTEM, ETC. No. 1280 (House Bill No. 1883). AN ACT To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 3250), so as to change certain provisions relating to ratings under the civil service system; to change the provisions relating to corporate limits of said city; to change the provisions relating to powers of the council; to change the provisions relating to assessment and collection of taxes; to change the provisions relating to the selection of a mayor pro tem; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 3250), is hereby amended by striking in its

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entirety Section 16 of said 1951 amendatory Act and inserting in lieu thereof a new Section 16 to read as follows: Section 16. Ratings and eligibility. Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or wilfully or corruptly make any false representation concerning the same or concerning the persons examined, or wilfully or corruptly furnish to anyone special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated satisfactory shall be eligible for appointment, and their names shall be placed on the proper register according to their attained rating. The term of eligibility shall be one year, commencing with the date on which the name of the eligible is entered on the register. This term may be extended in the discretion of the director for all those on any register when conditions of good administration render it inexpedient to hold a new examination. Section 2. Said 1943 Act is further amended by adding at the end of Section 2 a new paragraph to read as follows: The corporate limits of said City shall also include the following described property: `the outfall sewer line from Spence Field, Moultrie-Thomasville Airport (Sunset Airport), and any other property the City of Moultrie may now or hereafter devote to public purposes without regard to the nature of the property interest of the City.' Section 3. Said Act is further amended by striking Section 17 in its entirety and inserting in lieu thereof a new Section 17 to read as follows: Section 17. At the first meeting of the council after their qualification, they shall choose a city manager, a city attorney, and a city recorder. They shall also choose a city representative to the board of trustees of the public library and appoint city members to the joint planning commission and to the city board of zoning

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appeals as their terms expire, as herein provided. They may also choose a comptroller and specify his duties. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the council shall receive such compensation, take such oath, and when required give such bond as may be fixed by the council. Section 4. Said Act is further amended by striking from paragraph (7) of subsection (b) of Section 18 the following: one thousand dollars ($1,000.00), and inserting in lieu thereof the following: fifteen hundred dollars ($1,500.00), so that when so amended paragraph (7) shall read as follows: (7) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinances passed by the council, provided that no contract, purchase or obligation involving over fifteen hundred dollars ($1,500.00) shall become valid and binding until after approval of the council. Section 5. Said Act is further amended by striking Section 42 in its entirety and inserting in lieu thereof a new Section 42 to read as follows: Section 42. The Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City under this Act 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. Said Act is further amended by striking in its entirety Section 42A, which reads as follows:

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Section 42A. Any City taxpayer who returned or paid taxes in the City for the preceding tax year and who fails to return his property for taxation as previously required, shall be deemed to have returned for taxation for the current year the same property as was returned in the preceding year at the same valuation as such property was finally determined to be subject to taxation in the preceding year. Section 7. Said Act is further amended by striking in its entirety Section 43, which reads as follows: Section 43. Be it further enacted, that the board of tax assessors of said city, as herein provided for, shall consist of three intelligent, upright, discreet citizens of said city, who shall be chosen by the council, the term of each tax assessor to be for a period of three years. The present tax assessors of the city of Moultrie shall continue in office as tax assessors of the City of Moultrie under this charter until the expiration of the term for which they were elected and until their successors are elected and qualified. At the first meeting of the council after the close of tax books for the year 1943, they shall elect a member of the board for a term of three years to fill the place of the members whose term expires in 1943. Yearly, thereafter, immediately after the close of the tax books of said city said council shall elect a city tax assessor for the term of three years. In case of a vacancy on said board, said council may cause said vacancy to be filled by election at any time. In case said election for such assessor or assessors do not occur at the prescribed time, said council may elect said assessors at any time subsequent to said time. Said city tax assessor may at any time be moved from office by the council for any good and sufficient cause, to be judged of by said council. It shall be the duty of said tax assessors to assess the value of the real estate and personal property in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same, and increase the value of the real estate or personal property when, in their judgment, the value placed thereon by the taxpayer is too small. The council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them; Provided, that the council may, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said assessors shall appoint a

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time and place for hearing objections to their assessments, and the clerk of said city shall give notice to each party whose tax returns have been raised, ten days before the said hearing, stating the time of hearing and the increase so made by said assessors. This notice may be served personally on said taxpayer by the marshal or policeman of said city, or mailed to said person to his last known address, with postage prepaid. Said council shall have power and authority to provide, by ordinance, for assessing all property, both real and personal, not returned for taxation, and for double taxing tax defaulters. The city tax assessors shall take such oath and receive such pay as the council may prescribe. Said city assessors shall have power to require said taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds, gross insurance premiums collected and other securities and investments when, in their opinion, their production is necessary for a correct assessment; the council may prescribe penalties for such person so refusing to furnish such list when so required by said tax assessors, said punishment not to exceed fifty days in the guardhouse, or on the city chaingang, or a fine of one hundred dollars; any one or all of these may be assessed against such offenders. Section 8. Said Act is further amended by striking Section 81 in its entirety and inserting in lieu thereof a new Section 81 to read as follows: Section 81. At the first meeting in the month of July following a regular municipal election, the council shall choose a Mayor pro tem from their members. If a vacancy occurs in the office of Mayor, or in case of his absence or disability, the Mayor pro tem shall act as Mayor for the unexpired term or during the continuance of the absence or disability. In the absence of the Mayor and Mayor pro tem, any of said councilmen so selected at the time may act as Mayor pro tem. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Local Bill. Notice is hereby given of intention to apply for the passage at the 1980 regular session of the General Assembly of Georgia of 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. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Matthews who, on oath, deposes and says that he/she is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 24 and 31, 1980, February 7 and 14, 1980. /s/ Hugh Matthews Representative, 145th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

Page 4307

CITY OF TENNILLE CORPORATE LIMITS. No. 1281 (House Bill No. 1884). AN ACT To amend an Act creating a new charter for the City of Tennille, approved August 21, 1906 (Ga. Laws 1906, p. 1073), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 2797), 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 Tennille, approved August 21, 1906 (Ga. Laws 1906, p. 1073), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 2797), is hereby amended by adding a new section following Section 2A to read as follows: Section 2B. The following described area shall also be included within the corporate limits of the City of Tennille: `All those strips or parcels of land lying situate and being in the 1488th G. M. District of Washington County, Georgia, said land being more accurately described as to metes and bounds, courses and distances by a plat of survey by Barker Associates dated February 12, 1980, recorded in Plat Book 1-D, page 23, Office of the Clerk of Superior Court of Washington County, Georgia. Said plat and the record thereof are by this reference made a part of this description and in further aid of the description. Said land being further described as beginning at the western City Limits of the City of Tennille on the South side of State Route 68, thence running in a northwesterly direction along the southern right of way line for a distance of 1200 feet more or less with a strip one foot wide to the property of C. V. Smith marked by an iron pin; thence 5141 minutes and 4 seconds southwest for a distance of 380.8 feet to a point; thence south 8 8 minutes east for a distance of 155.8 feet to a point; thence south 5213[UNK] 40 seconds west for a distance of 271.5 feet to a point thence North 35 35 minutes west for a distance of 524.4 feet to a point thence North 5313[UNK] East for a distance of 455.5 feet to a point; thence south 7244[UNK] East for a distance of

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460.5 feet being the iron pin at the beginning of the property of C. V. Smith, Sr. Also beginning at the westerly City Limits of the City of Tennille on the North side of State Route 68 and thence running in a north-westerly direction with a strip one foot wide along the right of way of State Route 68 for a distance of 1,620 feet more or less, to the property line of Elizabeth B. Simmons: thence North 43Eest for a distance of three feet to an iron pin; thence North 53West for a distance of 652 feet to an iron pin; thence south 26West for a distance of 275 feet to an iron pin on the northern right-of-way of State Route 68; thence continuing along the northern right of way line of State Route 68 with a one foot strip for a distance of 4,400 feet more or less to a point on said right of way line; thence at a right angle for a distance of 400 feet in a northeasterly direction; thence at a right angle in a westerly direction for a distance of 300 feet; thence in a southwesterly direction for a distance of 400 feet back to the right of way line of State Route 68; thence along said right of way with a one foot strip in a northwesterly direction for 1,200 feet more or less to the property line of the VFW; thence north 45East for a distance of 208.75 feet, thence north 45West for a distance of 417.5 feet; thence South 45West for a distance of 208.75 feet and back to the right of way line of State Route 68; thence south 45East for a distance of 417.5 feet which would be back at the beginning point of the VFW 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. Public Notice. Notice is hereby given that there will be introduced at the regular session of the 1980 Georgia General Assembly a bill to amend the Charter of the City of Tennille, approved August 21, 1906, (Ga.

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Laws 1906, page 1073 as amended) so as to change the corporate limits of the City of Tennille; and for other purposes. Jimmy Lord Representative, 105th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/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 24, 31, February 7, 1980. /s/ Jimmy Lord Representative, 105th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980.

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BOARDS OF EDUCATION IN CERTAIN COUNTIES (10,570 - 10,900). No. 1282 (House Bill No. 1886). AN ACT To provide that in each county of this state having a population of not less than 10,570 nor more than 10,900 according to the United States decennial census of 1970 or any future such census, the grand jury shall fill any vacancies occurring in the board of education; to provide for procedures; to provide an effective date; to provide a termination date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions of law to the contrary, in each county of this state having a population of not less than 10,570 nor more than 10,900 according to the United States decennial census of 1970 or any future such census, upon a vacancy occurring in the board of education of such a county, the grand jury impaneled at the time of the vacancy shall be called into session for the purpose of filling such vacancy on the board of education. If two years or less remain in the term of office wherein the vacancy occurred, the person appointed by the grand jury shall serve for the remainder of the unexpired term. If more than two years remain in the term of office wherein the vacancy occurred, the person appointed by the grand jury shall serve until the next general election at which time a successor shall be elected to serve for the unexpired term of office. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. This Act shall be continued in full force and effect through December 31, 1980, at which time it shall be of no force and effect and shall be terminated and stand repealed.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980. CITY OF MACON TAXATION. No. 1283 (House Bill No. 1889). AN ACT To amend an Act providing a new charter for the City of Macon, Georgia, approved March 23, 1977 (Ga. Laws 1977, p. 3776), as amended, so as to provide for the limitation of the general taxing power of the city for ordinary current expenses; 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 Macon, Georgia, approved March 23, 1977 (Ga. Laws 1977, p. 3776), as amended, is hereby amended by striking Section 6-101 in its entirety and inserting in lieu thereof a new Section 6-101 to read as follows: Section 6-101. General taxing power. The city shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city, upon banking, insurance, and other capital employed therein; provided, that no such tax imposed for the purpose of paying ordinary current expenses of the city shall exceed 1 1/2 percent per annum upon the value of the property so taxed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Public Notice. This advertisement is to provide notice of the intention of the City of Macon to have introduced, legislation to amend Division I, Article VI, Chapter 1, Section 6-101 of the Code of Macon, Georgia (1978), as amended, so as to provide that the City of Macon shall have the power and authority to levy and collect a tax upon property, real and personal within the limits of the City upon banking, insurance and other capital employed therein; provided however that no such tax imposed for the purpose of paying ordinary current expenses of the city shall exceed one and one-half percent per annum upon the value of the property so taxed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Horne who, on oath, deposes and says that he/she is Representative from the 104th 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: February 8, 15, 22, 1980. /s/ Frank Horne Representative, 104th District

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Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980. No. 1284 (House Bill No. 1890). AN ACT To provide for public transportation for the citizens of the City of Macon and the County of Bibb; to provide for the creation of the Macon-Bibb County Transit Authority and to prescribe the duties, powers, privileges, exemptions, and immunities thereof authorizing the authority to acquire, construct, own, and operate a transit system for the geographical area known as the City of Macon and Bibb County; to provide for the issuance and sale of bonds, revenue anticipation certificates, and other evidences of indebtedness by the authority, and for the uses to be made thereof and of the proceeds thereof; to provide for the validation thereof; to provide that the properties of, and the securities issued by the authority shall be exempt from taxation, and that certain of said securities shall be legal investments; to fix the venue or jurisdiction of actions relating to any provisions of this Act, and the time within which the same may be brought; to amend an Act known as the Macon Transit Authority Act of 1972, approved April 17, 1973 (Ga. Laws 1973,

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p. 2914), so as to provide that the authority may be a self-insurer as to workers' compensation; to provide for the establishment of pension and retirement plans; to provide for group insurance plans; to identify the geographical areas to be served by said authority; to change certain requirements for the setting of rates, fees, tolls, or charges; to provide for other matters relative to the foregoing; to provide for the separate enactment of each provision of this Act; to provide for severability; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: CHAPTER 1 Purpose of Article Section 1.1. It is hereby found, declared, and determined that the public convenience and necessity require the creation of a public authority to operate a transit system in the City of Macon and the County of Bibb for transportation of passengers both within and without the City of Macon and the County of Bibb. Section 1.2. Title. Chapters 1 through 5 of this Act shall be known as the Macon-Bibb County Transit Authority Act of 1980. CHAPTER 2 Creation and Organization of Authority Section 2.1. There is hereby created the Macon-Bibb County Transit Authority. Section 2.2. Body corporate and politic. The authority is a public corporation of the State of Georgia. The authority is not an arm or agency of the City of Macon nor of Bibb County but is a body corporate and politic created by this Act and the powers granted the authority by this Act are not restricted by limitations, constitutional or otherwise, upon the powers of the City of Macon nor of Bibb County. Section 2.3. Perpetual succession. The authority has perpetual succession. Section 2.4. Board; appointment; terms; quorum; members; officers. (a) The governing and administrative body of the authority

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shall be a board consisting of three members appointed by the mayor and confirmed by city council and two members appointed by the Bibb County Board of Commissioners for a total of five members. Members of the board appointed by the city shall be residents of the city for the entire term of their appointment and shall be at least 25 years of age. Members of the board appointed by the county shall be residents of the City of Macon or Bibb County for the entire term of their appointment and shall be at least 25 years of age. The city shall initially appoint one member to serve for a term of one year, one member to serve for a term of three years, and one member to serve for a term of five years; the county shall initially appoint one member to serve for a term of two years and one member to serve for a term of four years. At the expiration of the initial terms, appointments shall be for five years each. Members of the board shall be eligible for reappointment. Vacancies on the board, except by expiration of term, shall be filled by appointment for the unexpired term in which the vacancy occurs. (b) A majority of the board shall constitute a quorum and a majority of the board may act for the authority in any manner. (c) No member of the board or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. (d) Members of the board shall serve without remuneration but shall be entitled to reimbursement for actual expenses incurred on authority business, provided that such expenses have been authorized in advance of their being incurred. (e) The board shall select one of its members as chairman and another member as vice chairman and shall also elect a secretary-treasurer, who shall not necessarily be a member of the board. Regular meetings of the board shall be held at least quarterly, the time, place, and notice of such meetings to be fixed by the board. All motions, resolutions, and all other proceedings of the authority and all documents and records in its possession shall be public records and open to public inspection, except such documents and records as shall be kept or prepared by the board for use in negotiations, actions, or proceedings to which the authority is a party.

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(f) The chairman of the board shall be eligible to vote on all motions coming before the board. The affirmative vote of at least three members of the board shall be necessary for adoption of any resolution or the passing of any motion. Section 2.5. Secretary-treasurer. The secretary-treasurer, elected by the board, shall hold office at the pleasure of the board. Before entering upon the duties of his office, the secretary-treasurer shall execute a bond with corporate surety, to be approved by the board. The bond shall be payable to the authority in whatever penal sum may be directed by the board, conditioned upon the faithful performance of the duties of the office and the payment of all moneys received by him according to law and the orders of the board. The board may at any time require a new bond from the secretary-treasurer in such penal sum as may then be determined. The books and records of the authority shall be audited at least annually, at the expense of the authority, by a certified public accountant, selected by the board. Section 2.6. Funds. All funds deposited by the authority in any bank shall be placed in the name of the authority and shall be withdrawn or paid out only by check or draft on the bank, signed by the secretary-treasurer and countersigned by the chairman or vice chairman of the board. The board may designate any of its members or any officer or employee of the authority to affix the signature of the secretary-treasurer to any draft or check for payment of salaries or wages and for the payment of any other obligation of no more than $500.00. CHAPTER 3 Powers of Authority Section 3.1. (a) The powers of the authority shall include, but shall not be limited to, those powers generally conferred upon authorities pursuant to law and shall also include those specifically granted by this Act which may be exercised only to accomplish the purpose for which the authority is created, namely to own and operate a transit system for the purpose of transporting persons within and without the City of Macon and the County of Bibb and: (1) To receive and administer gifts, grants, and donations.

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(2) To adopt a seal to be impressed upon its instruments and may provide for the impression of such seal by printed or lithographed facsimile thereof. Any executed instrument bearing the seal of the authority shall be prima facie evidence of its execution by the authority and that its execution was duly, regularly, and legally authorized by the authority. (3) To acquire by grant, purchase, gift, devise, or lease, and to hold, use, sell, lease, or dispose of real and personal property of every kind and nature whatsoever, licenses, patents, rights, and interests necessary for the full exercise, or convenient or useful for the carrying on of any of its powers pursuant to this Act. (4) To acquire, construct, complete, develop, own, operate, and maintain a transit system including power to acquire by purchase, lease, gift, or otherwise all or any part of any patents, licenses, rights, interest, engineering studies, data, or reports owned or held by any person, firm, or corporation and determined by the authority to be necessary, convenient, or useful to the authority in connection with the acquisition, construction, completion, development, operation, or maintenance of such transit system. (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix or to provide for their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees including, but not limited to, the transfer to the authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the Macon Transit System of the City of Macon; and to provide for or contract for group life, medical, and hospitalization insurance plans for said officers and employees and to pay the costs thereof either in whole or in part. To be a self-insurer as to workers' compensation claims without being required to comply with the provisions of Georgia Code Section 114-602, which relates to self-insurers and the posting of security indemnity or bonds. (6) To borrow money for any of its corporate purposes and to issue notes or bonds therefor and to sell, convey, mortgage,

Page 4318

pledge, and assign any and all of its funds, property, or income as security therefor and to provide for the payment of the same and the rights of the holders thereof. (7) To sue and be sued in its corporate name in all courts of competent jurisdiction. (8) To have and to exercise the usual powers of public and private corporations performing similar functions which are not in conflict with the Constitution and laws of this state or of the United States of America. (9) To make and execute all instruments and contracts for the acquisition of existing transportation facilities, acquisition of new facilities and properties and such other matters and things as may be needful and necessary to the proper and efficient operation of the business of the authority. (10) To accumulate its funds from year to year and to invest the same in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (11) To procure and enter into contracts for any type of insurance and indemnity against loss or damage to its property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer, or employee of the board or the authority in the performance of the duties of his office or employment of any other insurable risk. (12) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed as the board may deem necessary or expedient in facilitating the business of the authority. (13) To have the continuing power and authority at any time and from time to time to provide by resolution for the issuance of negotiable revenue bonds pursuant to and in accordance with the Revenue Bond Law of the State of Georgia for the purpose of paying all or any part of the cost of acquisition, construction, alteration, and improvement of said transit system

Page 4319

and charges incident thereto. The authority shall likewise have the power and authority to issue refunding bonds. For the purpose of evidencing the obligation of the authority to repay any money borrowed by the authority for any of the aforesaid purposes, the authority may, pursuant to resolution adopted by the board, from time to time issue and dispose of its interest bearing revenue bonds and may also from time to time issue and dispose of its interest bearing bonds and refund any such bonds at maturity or pursuant to redemption provisions, or at any time before maturity with the consent of the holders thereof. Said authority may issue such types of revenue bonds as may be determined by the board, including bonds on which principal and interest are payable: (A) exclusively from income or revenues of the operations of the authority financed with proceeds of such bonds, or together with any proceeds and grants from any governmental agency, subdivision, instrumentality, corporation, person, or any other source; or (B) from income and revenues of any unpledged assets of the authority generally. Any such bonds may be secured by mortgage or deed to secure debt on any real or personal property of the authority, except as may be prohibited by law. (b) Neither the members of the board nor any person executing bonds on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. The bonds shall not be, and shall so state on the face thereof, a debt of the City of Macon, the County of Bibb, or the State of Georgia, and they shall not directly or indirectly or contingently be obligated to levy or pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof. (c) Bonds of the authority shall be confirmed and validated in accordance with the provisions of the State Revenue Bond Law, hereinbefore referred to, and as the same may hereafter be amended, and when validated, the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same.

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CHAPTER 4 Fiscal Section 4.1. All construction contracts and all contracts for the purchase of supplies, equipment, and services, when the expense thereof shall exceed $1,000.00, shall be awarded to the lowest and best bidder, after advertising for bids therefor, to be published twice in the legal organ of Bibb County. Section 4.2. Rates. The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the transportation services and facilities furnished, and in anticipation of the collection of the revenues of such undertaking of project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, and improvement of said transit system, and to pledge the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertakings, including the revenues of improvements and betterments thereafter made. The bond redemption and interest payments shall constitute a first direct and exclusive charge and lien on all such rates, fares, tolls, and charges and other revenues and interest thereon and sinking funds created therefrom received from the use and operation of the system; and all such rates, fares, tolls, and charges and other revenues together with interest thereon shall constitute a trust fund for the security and payment of such bonds and, except as to the extent provided in any indenture with respect to the payment therefrom of expenses for other purposes including administration maintenance improvements or extensions of the system, shall not be used or pledged for any other purpose so long as such bonds or any of them are outstanding and unpaid. The authority may provide that the rates, fares, tolls, and charges established are minimum rates, fares, tolls, and charges and subject to increase or decrease in accordance only with the terms of the indenture under which the revenue bonds are issued. CHAPTER 5 Tax Exemption Section 5.1. The authority shall be exempt from payment of all taxes and assessments, ad valorem, sales, use, income and otherwise, imposed by the State of Georgia or by any of its subdivisions or

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taxing districts upon any property, real and personal, acquired or owned by the authority or under its jurisdiction, control, possession, or supervision, and upon its activities in the operation and maintenance of any such properties, and on the income derived by the authority from the operation of said transit system or otherwise. The bonds of the authority, their transfer and the income therefrom, shall always be exempted from taxation by the state or any of its subdivisions or taxing districts. CHAPTER 6 Macon Transit Authority Act of 1972 Amended Section 6.1. An Act known as the Macon Transit Authority Act of 1972, approved April 17, 1973 (Ga. Laws 1973, p. 2914), is hereby amended by striking in its entirety paragraph (13) of Section 9 thereof, relating to powers of eminent domain, and by striking paragraph (5) of Section 9 in its entirety and inserting in lieu thereof a new paragraph (5) of Section 9 to read as follows: (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to provide for their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees including, but not limited to, the transfer to the authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the City of Macon Transit System; and to provide for or contract for group life, medical, and hospitalization plans for said officers, agents, and employees and to pay the costs thereof either in whole or in part; to be a self-insurer as to workers' compensation claims without being required to comply with the provisions of Georgia Code Section 114-602, which relates to self-insurers and the posting of security, indemnity, or bonds. Section 6.2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The authority is hereby authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the transportation

Page 4322

services and facilities furnished, and in anticipation of the collection of the revenues of such undertaking of project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, and improvement of said transit system, and to pledge the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking, including the revenues of improvements and betterments thereafter made. The bond redemption and interest payments shall constitute a first direct and exclusive charge and lien on all such rates, fares, tolls, and charges and other revenues and interest thereon and sinking funds created therefrom received from the use and operation of the system; and all such rates, fares, tolls, and charges and other revenues together with interest thereon shall constitute a trust fund for the security and payment of such bonds and except as to the extent provided in any indenture with respect to the payment therefrom of expenses for other purposes including administration maintenance improvements or extensions of the system shall not be used or pledged for any other purpose so long as such bonds or any of them are outstanding and unpaid. The authority may provide that the rates, fares, tolls, and charges established are minimum rates, fares, tolls, and charges and subject to increase or decrease in accordance with the terms of the indenture under which the revenue bonds are issued. The authority may provide transportation services and transport passengers throughout the City of Macon and Bibb County. CHAPTER 7 Construction Section 7.1. This Act being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes hereof; and the specific powers, authority, and immunities granted hereby are to be construed in illustration of and not in limitation of, the general powers, authorities, and immunities granted by the authority of this Act. CHAPTER 8 Constitutional Construction and Legislative Intent Section 8.1. 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

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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. CHAPTER 9 Effective Date Section 9.1. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming a law without his approval except that Chapters 1 through 5 of this Act shall not become effective until the City of Macon and Bibb County adopt a joint resolution to implement the provisions of Chapters 1 through 5 of this Act. Section 9.2. At such time as Chapters 1 through 5 of this Act become effective, an Act known as the Macon Transit Authority Act of 1972, approved April 17, 1973 (Ga. Laws 1973, p. 2914), as amended, shall stand repealed and shall no longer have any force and effect. CHAPTER 10 General Repealer Section 10.1. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. This advertisement is to provide notice of the intention of the City of Macon to have introduced at the 1980 session of the General Assembly of the State of Georgia, special legislation regarding the creation of a Macon-Bibb County Transit Authority with all the rights and powers thereof for the purpose of providing public transportation for the citizens of the City of Macon and County of Bibb.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Horne who, on oath, deposes and says that he/she is Representative from the 104th 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: February 8, 15, 22, 1980. /s/ Frank Horne Representative, 104th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. FANNIN COUNTY SALARY, ETC. OF CLERK OF SUPERIOR COURT. No. 1285 (House Bill No. 1894). AN ACT To amend an Act providing an annual salary for the Clerk of the Superior Court of Fannin County, approved March 5, 1974 (Ga.

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Laws 1974, p. 2134), so as to change the provisions relating to the compensation of said officer; to change the provisions relating to personnel; 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 Clerk of the Superior Court of Fannin County, approved March 5, 1974 (Ga. Laws 1974, p. 2134), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The Clerk of the Superior Court shall receive an annual salary of $14,000.00 until January 1, 1981, at which time said annual salary shall be increased to $16,000.00. Such salary shall be paid in equal monthly installments from the funds of Fannin County. Section 2. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The Clerk of the Superior Court shall have the sole power to designate the persons who shall be employed in his office. The Clerk of the Superior Court shall make recommendations in writing to the governing authority of Fannin County of the compensation to be received by each such employee, but the compensation of each such employee shall be fixed by said governing authority. The recommendations of the Clerk of the Superior Court shall be made to the governing authority from time to time as said governing authority shall determine. The compensation of all personnel in the office of Clerk of the Superior Court shall be paid from county funds. All personnel employed by the Clerk of the Superior Court shall serve at his pleasure, and it shall be within the sole power of the Clerk of the Superior Court to prescribe their duties and assignments.

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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 1980 session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the Clerk of the Superior Court of Fannin County, approved March 5, 1974 (Ga. Laws 1974, p. 2134); and for other purposes. This 28th day of January, 1980. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Twiggs, Jr. 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 Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 31, February 7, 14, 1980. /s/ Ralph J. Twiggs, Jr. Representative, 4th District

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Sworn to and subscribed before me, this 27th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. STATE COURT OF MUSCOGEE COUNTYCOMPENSATION OF JUDGE, SOLICITOR, ETC. No. 1286 (House Bill No. 1902). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. Laws 1884-85, p. 455), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2778) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4113), so as to change the compensation of the judge, solicitor, and assistant solicitors of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. Laws 1884-85, p. 455), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2778) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4113), is hereby amended by striking Section 3A

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in its entirety and inserting in lieu thereof a new Section 3A to read as follows: Section 3A. (a) The judge of the State Court of Muscogee County shall receive an annual salary of $34,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. (b) The solicitor of said court shall receive an annual salary of $25,600.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure of office. (c) The assistant solicitor of said court shall receive an annual salary of $10,600.00 which shall be paid in equal monthly installments from the funds of Muscogee County. Section 2. Said Act is further amended by striking subsection (c) of Section 3B in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Said assistant solicitor shall be paid an annual salary of $17,600.00, to be paid in 12 equal monthly installments from the funds of Muscogee County. Section 3. 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 Apply For Local Legislation. Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia, a bill to amend an Act establishing a City court in the City of Columbus of Muscogee County, approved December 20, 1984 (Ga. L. 1884-85, p. 455), as amended, so as to change the salary of the judge, solicitor, assistant solicitor and part time assistant solicitor of said court;

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to provide an effective date; to repeal conflicting laws; and for other purposes. This the 8th day of February, 1980. Rufe E. McCombs State Court Judge Robert G. Johnston State Court Solicitor Andrew Prather, II Assistant State Court Solicitor Barschall Andrews Part Time Assistant State Court Solicitor 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 Saturday Enquirer and Ledger which is the official organ of Muscogee County, on the following dates: February 9, 16, 23, 1980. /s/ Thomas B. Buck, III Representative, 95th District

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Sworn to and subscribed before me, this 27th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. CITY OF ARAGON AD VALOREM TAXATION. No. 1287 (House Bill No. 1905). AN ACT To amend an Act creating a new charter for the City of Aragon, approved April 10, 1971 (Ga. Laws 1971, p. 3770), so as to delete the five mill limit on municipal ad valorem taxation; 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 Aragon, approved April 10, 1971 (Ga. Laws 1971, p. 3770), is hereby amended by striking from Section 15 the following: not to exceed 5 mills, so that when so amended said section shall read as follows: Section 15. The mayor and council of the City of Aragon shall have the power and authority to levy and collect an annual ad

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valorem tax on the assessed valuation of all real and personal property within the corporate limits of the City for the purpose of raising revenues to defray the cost of operating the City Government, providing governmental services, and for any other public purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill amending Section 15 of the City of Aragon Charter so as to authorize the Mayor and Council of the City of Aragon to levy and collect an annual ad valorem tax in excess of five (5) mills on the assessed evaluation of all real and personal property within the corporate limits of the City, and for other purposes. This 17th day of January, 1980. 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

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Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 22, 29, February 5, 1980. /s/ Lynn Gammage Representative, 17th District Sworn to and subscribed before me, this 28th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 26, 1980. COMPENSATION OF CORONERS OF CERTAIN COUNTIES (17,510 - 17,560). No. 1288 (House Bill No. 1908). AN ACT To provide an annual salary for the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 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 lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 according to the United States decennial census of 1970 or

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any future such census is hereby placed on a salary of $125.00 per month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1980. THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED. No. 1289 (House Bill No. 1686). 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), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), so as to provide

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for referenda requirements pertaining to further participation by Cobb County in the Authority; to provide that the question of further participation by Cobb County in the Authority and the question of approval of a rapid transit contract between Cobb County and the Authority may be submitted to the qualified voters of Cobb County in a single referendum; to provide an effective date; to provide for appointment of residents of Cobb County to the Board of Directors of the Authority in the event of referendum approval; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. 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), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), is hereby amended by striking in its entirety Section 6(b), and inserting in lieu thereof a new Section 6(b) to read as follows: (b) Having initially declined membership on the Board and further participation in the Authority, Cobb County may at any time reclaim its membership on the Board and participate further in the Authority as provided in this subsection (b). The local governing body of Cobb County may, any other provision of this Act to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of Cobb County the question of approval of a rapid transit contract between Cobb County and the Authority, all in

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accordance with the provisions of Section 24 of this Act. The local governing body of Cobb County shall be authorized to execute such rapid transit contract prior to the holding of the referendum provided for in said Section 24; provided, however, that such rapid transit contract shall not become valid and binding unless the same is approved by a majority of those voting in said referendum, which approval shall also be deemed approval of further participation in the Authority. Upon approval of such rapid transit contract, Cobb County shall be a participant in the Authority, and its rights and responsibilities shall, insofar as possible, be the same as if it had participated in the Authority from its beginning, and the local governing body of Cobb County may then appoint two residents of Cobb County to the Board of Directors of the Authority, to serve a term ending on the 31st day of December in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the Board of Directors of the Authority shall, subsection (a) of this Section 6 to the contrary notwithstanding, be composed of 16 members. 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 1980 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 13 day of December, 1979. John W. Greer Representative, 43rd District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. L. 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 News-Daily which is the official organ of Clayton County, on the following dates: December 25, 1979, January 1, 8, 1980. /s/ A. L. Burruss Representative, 21st District Sworn to and subscribed before me, this 7th day of February, 1980. /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 1980 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 13 day of December, 1979. John W. Greer Representative, 43rd District

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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 11, 18, 25, 1980. /s/ Al Burruss Representative, 21st District Sworn to and subscribed before me, this 7th day of February, 1980. /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 1980 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 13th day of December, 1979. John W. Greer Representative, 43rd District

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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 Decatur DeKalb News/Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 10, 1980. /s/ Al Burruss Representative, 21st District Sworn to and subscribed before me, this 7th day of February, 1980. /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 1980 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 13 day of December, 1979. John W. Greer Representative, 43rd District

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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 Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 26, 1979, January 2, 9, 1980. /s/ Al Burruss Representative, 21st District Sworn to and subscribed before me, this 7th day of February, 1980. /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 1980 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 19, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 13 day of December, 1979. John W. Greer Representative, 43rd District

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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 Home Weekly which is the official organ of Gwinnett County, on the following dates: January 2, 9, 16, 1980. /s/ Al Burruss Representative, 21st District Sworn to and subscribed before me, this 7th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 27, 1980. ALBANY-DOUGHERTY INNER CITY AUTHORITY ACT AMENDED. No. 1290 (House Bill No. 1891). AN ACT To amend an Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), so

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as to provide for the transfer of all contractual obligations, assets, liabilities, debts, and property of the Central Albany Development Authority to the Albany-Dougherty Inner City Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), is hereby amended by adding at the end thereof a new section, to be designated Section 22, to read as follows: Section 22. All contractual obligations, assets, liabilities, debts, and property of the Central Albany Development Authority are hereby transferred in full to the Albany-Dougherty Inner City Authority created herein. The Albany-Dougherty Inner City Authority is hereby authorized and empowered to receive and accept all of said contractual obligations, assets, liabilities, debts, and 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. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill abolishing the Central Albany Development Authority and transferring all of the

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assets and property of said Authority to Albany-Dougherty Inner City Authority. James V. Davis City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he/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: February 9, 16, 23, 1980. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 27, 1980.

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FLUORIDATION OF POTABLE WATER SUPPLIES IN CERTAIN COUNTIES (100,000 - 160,000). No. 1318 (House Bill No. 1666). AN ACT To empower any joint water and sewage authority located in certain counties of this state to fluoridate potable public water supplies under certain conditions; to provide the procedures connected therewith; 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) In all counties of this state having a population of not less than 100,000 nor more than 160,000 according to the United States decennial census of 1970 or any future such census, any joint water and sewage authority located in any such county shall be empowered to fluoridate the public water supplies as hereinafter provided. (b) The governing authority in any such county shall, upon a petition signed by at least 10 percent of the registered and qualified electors call a special election for the purpose of submitting to the qualified electors of any such county the question of whether the potable public water supplies in such county shall be fluoridated. In the event a majority of the persons voting in such election vote in favor thereof, then the joint water and sewage authority shall fluoridate the potable public water supplies of such county and each municipality located therein. (c) In any county which has at any time conducted an election in accordance with the foregoing provisions of this section resulting in the majority of the votes being cast for or against fluoridation, the governing authority of any such county shall, upon a petition signed by at least 10 percent of the registered, qualified voters of such county, proceed to call another election in the same manner as hereinbefore prescribed for the purpose of nullifying the previous election. Provided, however, no such election shall be called or had within two years after the date of the declaration by the governing authority of the results of the previous election held for such purposes as hereinabove provided.

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(d) Nothing contained herein shall be construed so as to prevent any joint water and sewage authority located in such counties from qualifying for federal or state funds under the provisions of Code Section 88-2603, relating to additional powers and duties of the Department of Human Resources, as the same now exists or may hereafter be amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1980. FAYETTE COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1319 (House Bill No. 1703). AN ACT To amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, approved March 30, 1977 (Ga. Laws 1977, p. 4243), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3397), so as to provide for jurisdiction over county ordinances; to provide for the power to subpoena witnesses; to alter the contempt powers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create and establish a Small Claims Court in and for Fayette County, Georgia, approved March 30, 1977 (Ga. Laws 1977, p. 4243), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3397), is hereby amended by adding to Section 1, immediately after the figure $1,500.00, the following: and jurisdiction to try offenses against the laws and ordinances as enacted by the Board of Commissioners of Fayette County,

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so that when so amended said section shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County, which court shall have civil jurisdiction in cases in law in which the demand or value of the property involved does not exceed $1,500.00 and jurisdiction to try offenses against the laws and ordinances as enacted by the Board of Commissioners of Fayette County; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 2 the following: Said judge shall be a member in good standing of the State Bar of Georgia., so that when so amended said subsection shall read as follows: (a) Any person elected as a judge of the Small Claims Court created by this Act must, at the time of his taking office, be a resident of Fayette County, at least twenty-five years of age, and of good moral character. Said judge shall be a member in good standing of the State Bar of Georgia. Section 3. Said Act is further amended by adding at the end of Section 7 a new subsection (g) to read as follows: (g) The judge of said Small Claims Court shall have the power and authority to subpoena witnesses to attend a hearing before the Court, under the same rules and regulations that regulate and govern the superior courts of this state; to compel attendance; and to punish any witness who has been duly subpoenaed and fails to attend under the provisions provided for contempt. Section 4. Said Act is further amended by adding at the end of Section 9 a new subsection (c) to read as follows:

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(c) In all cases wherein the claim is based upon a violation of a law or ordinance enacted by the Board of Commissioners of Fayette County, the plaintiff, upon filing his claim, shall deposit with the Court the sum of $15.00. Said sum shall be in lieu of that amount stated in subsection (a). Section 5. Said Act is further amended by adding at the end of Section 10 a new subsection (d) to read as follows: (d) Upon conviction of the violation of any law or ordinance as enacted by the Board of Commissioners of Fayette County, the judge of the Small Claims Court shall have the authority to punish the defendant or defendants by fine, in an amount up to that specified in the appropriate law or ordinance, but in no instance shall the fine for a single offense exceed $1,000.00, or imprisonment not to exceed 90 days, or both. Section 6. Said Act is further amended by deleting Section 24 in its entirety and substituting in lieu thereof a new Section 24 to read as follows: Section 24. When sitting as the Small Claims Court, the judge in his discretion shall have the power to punish for contempt by fine not exceeding $1,000.00, imprisonment not exceeding 90 days, or both. Any such fines shall be paid into the county treasury or depository for county purposes. 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 1980 Session of the General Assembly of Georgia a local act amending the Act which establishes the Small Claims Court of Fayette County, Georgia, to provide jurisdiction over offenses to the various ordinances of Fayette County, to repeal conflicting laws and for other purposes.

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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 Fayette County News which is the official organ of Fayette County, on the following dates: January 23, January 30 and February 6, 1980. /s/ James R. Fortune, Jr. Representative, 71st District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 31, 1980. CITY OF BREMEN RECORDER'S COURT. No. 1320 (House Bill No. 1832). 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,

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particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2948), so as to change the provisions relating to the recorder's court 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 Bremen, approved December 30, 1898 (Ga. Laws 1898, p. 136), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2948), is hereby amended by striking from Section 3 of the aforesaid amendatory Act of 1960 the following: fifty ($50.00) dollars, and inserting in lieu thereof the following: three hundred ($300.00) dollars, so that when so amended Section 3 shall read as follows: Section 3. There is hereby established for and in said city a court to be known as recorder's court, to be presided over by the city recorder, who shall be an attorney at law, appointed by the mayor, subject to approval by the council, with jurisdiction to try all violations of the laws and ordinances of said city; said recorder shall have power and authority to punish for contempt of court not to exceed a fine of three hundred ($300.00) dollars, work in the city work crew not to exceed 60 days, or imprisonment in the city or county jail not to exceed 30 days, any part or all of said punishment may be inflicted, in the discretion of the court; he shall have full power and authority to compel attendance of parties and witnesses at said court, and for this purpose shall have full power and authority to require bail to secure such attendance, and to issue appropriate order for the forfeiture or recognizance given in pursuance of this charter; all warrants, summons, subpoenas, or other process issued, requiring appearance or attendance on said recorder's court, shall be issued by the city clerk, directed to the chief of police, any policeman or other arresting officer of said city, and bear test in the name of the recorder; said recorder's court shall be governed by the rules of the superior court of the State of Georgia, in so far as they may be applicable to such court, and a sound construction of this

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charter and the laws of the said city. The said mayor and council may, from time to time, pass further rules and regulations regarding said court, not in conflict with this charter and the laws of the State of Georgia. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the city of Bremen approved December 30, 1898 (Ga. Laws 1898 p. 136) as amended; and for other purposes. This, the 21st day of January, 1980. Richard H. Wheeler Mayor, City of Bremen, Georgia Georgia, Haralson County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Bremen Gateway legal organ for the City of Bremen. The following dates, to-wit: January 24, 1980, January 31, 1980, February 7, 1980.

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Sworn to on the 14th day of February, 1980. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 14th day of February, 1980. /s/ Frieda L. Rivers Notary Public. (Seal). Approved March 31, 1980. CITY OF MARIETTA CORPORATE LIMITS. No. 1326 (Senate Bill No. 583). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. Laws 1977, p. 3541), so as to change the corporate limits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. Laws 1977, p. 3541), is hereby amended by designating the existing text of Section 1.4 as subsection (a) and adding new subsections (b) and (c) to read as follows:

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(b) The corporate limits of the city shall further include all that tract or parcel of land lying and being in Land Lot 323 of the 20th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at a point where the northwesterly right of way line of Polk Street intersects the Northeasterly right of way line of Burnt Hickory Road; thence north 49 degrees 29 minutes 23 seconds west along the northeasterly right of way line of Burnt Hickory Road for a distance of 303.73 feet to a point; thence north 48 degrees 20 minutes 46 seconds west along said right of way line for a distance of 434.53 feet to a point; thence continuing along said right of way line north 44 degrees 45 minutes 43 seconds west for a distance of 157.98 feet to a point; thence north 39 degrees 53 minutes 49 seconds north along said right of way line for a distance of 84.06 feet to a point; thence north 01 degrees 16 minutes 30 seconds west for a distance of 197.30 feet to a point; thence north 21 degrees 42 minutes 08 seconds west for a distance of 242.95 feet to a point; thence north 00 degrees 34 minutes 24 seconds west for a distance of 503.32 feet to a point on the centerline of Noses Creek; thence running northeasterly along said centerline for a distance of 1019.15, more or less, to a point; thence due south for a distance of 1655.01 feet to a point on the northwesterly right of way line of Polk Street; thence running northeasterly along the northwesterly right of way line of Polk Street for a distance of 130 feet, more or less, to a point on the present Marietta City Limit line; thence running southerly along the present Marietta City Limit line for a distance of 30 feet to a point on the southeasterly right of way line of Polk Street; thence running southwesterly along said right of way line for a distance of 240 feet, more or less, to a point where said right of way line intersects the northeasterly right of way line of Burnt Hickory Road; thence running northwesterly for a distance of 37.42 feet to the point of beginning. (c) The corporate limits of the city shall further include all that tract or parcel of land lying and being in Land Lot 1095, 1096, 1063, 1064, 1067, 1098 and 1099 of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the centerline of Wallace Road intersects the northerly right of way line of Marietta Parkway (120

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Loop); thence running southerly along said centerline and the present Marietta city limit line 260 feet, more or less, to a point on the southerly right of way line of Marietta Parkway (120 Loop); thence running northeasterly, easterly southeasterly along the southerly right of way line of Marietta Parkway (120 Loop) and following the curvature thereof for a distance of 5,490 feet, more or less, to a point where the present Marietta city limit line intersects said right of way line; thence running easterly along the present Marietta city limit line for a distance of 360 feet, more or less, to a point on the northeasterly right of way line of Marietta Parkway (120 Loop); thence running northwesterly, westerly southwesterly along said right of way line for a distance of 5,905 feet, more or less, to 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 in the regular 1980 session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city approved March 23, 1977, (Ga. L. 1977, p. 35-41) and for other purposes. This 4 day of Jan., 1980. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley
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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/she 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 4, 11, 18, 1980. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980.

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CITY OF HELENA CHARTER AMENDED. No. 1328 (Senate Bill No. 597). AN ACT To amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, State of Georgia, approved December 27, 1890 (Ga. L. 1890-91, Vol.II, p. 634), as amended, particularly by an Act approved August 13, 1910 (Ga. L. 1910, p. 769), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3644), so as to vest fee simple title of certain city streets and alleys in the City of Helena; so as to authorize and empower the city to abandon and close by ordinance the same portions of said city streets and alleys; to authorize and empower the city to execute and deliver its deed conveying the title to such abandoned and closed streets and alleys to corporations, boards and individuals owning adjacent lands; 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 charter of the City of Helena in the County of Telfair, State of Georgia, approved December 27, 1890 (Ga. L. 1890-91, Vol.II, p. 634), as amended, particularly by an Act approved August 13, 1910 (Ga. L. 1910, p. 769), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3644), is hereby amended by adding immediately following section 6B two new sections to be known as section 6C and section 6D and to read as follows: Section 6C. There is hereby vested in the City of Helena fee simple title to that certain tract of land in said city, said tract of land being all that part of Twelfth Street commencing at its point of intersection with the Southeast right-of-way of Fourteenth Avenue which extends Northwestwardly therefrom to its point of intersection with the Southeast right-of-way of Sixteenth Avenue; also, all that portion of Thirteenth Street extending from its point of intersection with the Westerly right-of-way of Longbridge Road Northwestwardly to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fourteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right of way of Twelfth Street to its point of intersection with the Northeast Land Lot Line

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of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Fourteenth Street extending Northwestwardly from its point of intersection with the Southeast right-of-way of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fifteenth Street extending Northwestwardly from its point of intersection with the Southeast right-of-way of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fifteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Sixteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, the entire alleys in each of blocks 53, 54, 55, 56, 85, 86, 87 and 88 in said city. Section 6D. (a) The mayor and councilmen of the City of Helena, Georgia, are hereby authorized and empowered to permanently close, abandon and abolish that portion or section of the streets and alleys described in section 6C of this Act. (b) The City of Helena is hereby authorized and empowered to execute and deliver its deed conveying the title of the above portion of city streets and alleys to corporations, boards and individuals owning adjacent lands. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a bill entitled as follows: An act vesting in the City of Helena fee simple title to a certain tract of land in said city, said tract of land being all that part of Twelfth Street commencing at its point of intersection with the

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Southeast right-of-way of Fourteenth Avenue which extends Northwestwardly therefrom to its point of intersection with the Southeast right-of-way of Sixteenth Avenue; also, all that portion of Thirteenth Street extending from its point of intersection with the Westerly right-of-way of Longbridge Road Northwestwardly to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fourteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to its point of intersection with the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Fourteenth Street extending Northwestwardly from its point of intersection with the Southeast right-of-way of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, that part of Fifteenth Street extending Northwestwardly from its point of intersection with the Southeast right-of-way of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fifteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Sixteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, the entire alleys in each of blocks 53, 54, 55, 56, 85, 86, 87, and 88 in said city; empowering said city to convey at any time or times the fee simple title to any part, parts or all of said tract of land to adjacent landowners; and for other purposes. This the 29th day of January, 1980. Ronnie Walker Senator Preston N. Rawlins, Jr.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Walker who, on oath, deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 23, 30, February 6, 1980. /s/ Ronnie Walker Senator, 19th District Sworn to and subscribed before me, this 12th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. MUNICIPAL ANNEXATION OF UNINCORPORATED AREAS IN CERTAIN COUNTIES (200,000 - 500,000) (350,000 - 500,000). No. 1329 (Senate Bill No. 604). AN ACT To amend an Act prohibiting, without county approval, the annexation of any unincorporated area by any municipality in any county which provides certain services, approved April 14, 1971

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(Ga. Laws 1971, p. 4112), so as to change certain population figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting, without county approval, the annexation of any unincorporated area by any municipality in any county which provides certain services, approved April 14, 1971 (Ga. Laws 1971, p. 4112), is hereby amended by striking from Section 2 thereof the following: 200,000, and inserting in lieu thereof the following: 350,000, so that when so amended said section shall read as follows: Section 2. The provisions of this Act shall apply only to those counties of this state having a population of not less than 350,000 and not more than 500,000, 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 1, 1980. CHARLTON COUNTY VACANCIES ON BOARD OF COMMISSIONERS. No. 1345 (House Bill No. 1632). AN ACT To amend an Act creating a Board of Commissioners for Charlton County, approved August 4, 1927 (Ga. Laws 1927, p.

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529), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3505), so as to provide for the method of filling vacancies on said Board; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Charlton County, approved August 4, 1927 (Ga. Laws 1927, p. 529), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3505), is hereby amended by striking from Section 5 of said Act the following: for the remainder of such unexpired term for which such appointment is made, and such appointment shall be from the road district from which such vacancy occurs., and inserting in lieu thereof the following: until a new member is elected to fill the vacancy at the next primary election, general election, or special election held for that purpose., so that when so amended Section 5 shall read as follows: Sec. 5. Be it further enacted by the authority aforesaid, that should a vacancy, from death, resignation, removal from the county or district, or otherwise, occur on said Board of Commissioners, the same shall be filled by appointment of the Judge of the Superior Court of said County of Charlton until a new member is elected to fill the vacancy at the next primary election, general election, or special election held for that purpose. 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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Legal Notice. Notice is hereby given that the Board of Commissioners of Charlton County, Georgia will seek the passage of local legislation by the General Assembly of Georgia which convenes January 1980, to amend an Act creating the Board of Commissioners for Charlton County, approved August 4, 1927 (Ga. Laws 1927, p. 529), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3505), so as to provide for the method of filling vacancies on said Board so that should a vacancy, from death, resignation, removal from the county or district, or otherwise, occur on said Board of Commissioners the same shall be filled by appointment of the Judge of the Superior Court of said County of Georgia until a new member is elected to fill the vacancy at the next primary election, general election, or special election held for that purpose; to provide for an effective date; to repeal conflicting laws; and for other purposes. By order of the Board of Commissioners, this January 2, 1980. Robert W. Harrison, Jr. County Attorney 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: January 9, 16, 23, 1980. /s/ Harry D. Dixon Representative, 151st District

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Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. CITY OF TRENTON MUNICIPAL COURT, ETC. No. 1347 (House Bill No. 1714). AN ACT To amend an Act creating a new charter for the City of Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a Municipal Judge, to provide the powers and duties of the Municipal Judge; 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 Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) is hereby amended by striking Section 13 thereof in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. Be it further enacted, that the duties of the officers herein created and established shall be as follows: It shall be the duty of the Mayor to preside over the meetings of the Mayor and Councilmen; to make all appointments subject to ratification or rejection by the Councilmen of all officers not elected by the people

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except Mayor pro tem., City Marshal, City Physician, City Attorney and Municipal Judge, which said officers shall be elected by the Mayor and Councilmen; to employ all laborers, tradesmen, clerks and other persons necessary for carrying out the provisions of this charter and discharge them when their services are no longer required or for any other cause if it becomes expedient to do so, but the wages and salaries of such persons to be fixed and classified by the Mayor and Councilmen; to superintend all public city work or when necessary employ a person or persons of experience and competence to do so, and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. It shall be the duties of the Councilmen to attend all meetings of the Mayor and Council, whether regular or called; to hear all appeals in conjunction with the Mayor of persons who have been convicted of the violation of ordinances in the Municipal Court, and acquit such persons of said offenses or affirm the Municipal Judge as the law and facts of such cases may warrant without fear or favor; to hear all appeals in conjunction with the Mayor brought by taxpayers of the City of Trenton who are dissatisfied with the tax assessments of the Recorder, and raise, lower or affirm such assessments as justice and fairness between the parties may warrant without fear or favor, and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. It shall be the duties of the City Recorder to keep all records of the city's affairs in books to be provided for by order of the Mayor and Councilmen; to attend all the meetings whether regular or called of the Mayor and Councilmen, keep the minutes of said meetings and act as secretary at same; he shall be the Treasurer of the city and shall give good and solvent bond in sum to be fixed by the Mayor and Councilmen which shall not be less than $1,000, payable to the Mayor and his successors in office to be approved by the Mayor and Council for the faithful performance of his duties as Treasurer; he shall be the custodian of the funds of said city and shall make itemized reports of all receipts and disbursements and submit the same when called upon by the Mayor and Council; he shall discharge all duties required of him by the laws, ordinances and rules regulating the government of said city; he shall be the receiver of tax returns for said city as hereinafter provided; he shall

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be the collector of all city taxes as hereinafter provided; and he shall do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. No person shall be eligible for the office of City Marshal hereinbefore provided unless he shall have been a bona fide resident of the County of Dade for not less than one year next preceding his appointment as such and unless he be a bona fide resident of the City of Trenton at the time of said appointment and during his term of office, and unless he make a good and solvent bond in the sum of $1,000 payable to the Mayor and his successors in office and approved by the Mayor and Council. Before entering upon his duties he must make and subscribe the following oath: `I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Marshal for the City of Trenton during my continuance in office according to the best of my ability and understanding, so help me God.' Should the growth of the city at any time make it necessary additional policemen may be appointed by the Mayor or if at any time an emergency should arise making it necessary to appoint special policemen the Mayor shall appoint them for such emergency and discharge them when the emergency requiring their service is past. Any and all additional police appointed by the Mayor must be bona fide residents of Dade County and must make and subscribe the same oath as that of the Marshal. It shall be the duty of the Marshal to receive, execute and return all writs, processes, warrants or other instruments emanating from the Municipal Court, the Municipal Judge, or from the Mayor and Council directed to him; he shall receive, execute and return all tax executions or other executions bearing teste in the name of the Mayor and Recorder of said city; he shall make arrests and bring before the Municipal Judge persons charged with the violation of ordinances, rules and regulations of said city; he shall keep the peace within the limits of said city and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. The Mayor and Councilmen shall elect at the first regular meeting and biennially thereafter a Mayor pro tem., who shall be one of the Councilmen and whose duty it shall be to act in all cases in the absence or disqualification of the Mayor, during which time he shall be clothed with all the necessary powers of the Mayor and is hereby required to perform all the duties required of the Mayor.

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At the same meeting of Mayor and Councilmen they shall in like manner elect a City Physician who shall be a regular licensed practicing physician residing in Dade County, and whose duties shall be to attend the prisoners of the city when called upon to do so; to be Chairman of the City Board of Health should the Mayor and Council of said city find it expedient to organize such a board, power being hereby conferred upon them to do so when in their discretion they deem it necessary; to attend the indigent of said city when called upon to do so by the Mayor and Council and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. At the said meeting of Mayor and Council they shall in like manner elect a City Attorney who shall be a regular practicing member of the bar in the Lookout Mountain Judicial Circuit, and whose duties it shall be to attend the sessions of the Mayor and Council; the sessions of the Municipal Court; to provide legal advice for any and all the city officials and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. The Marshal, Mayor pro tem., City Physician, City Attorney and Municipal Judge who are appointed by the Mayor and Councilmen, shall be appointed at the first regular meeting of the Mayor and Council and shall hold their offices for two years, their term expiring at the same time as the terms of the elective officers. The terms of office of all persons appointed by the Mayor not herein mentioned shall expire as the terms of the elective officers. All persons elected by the Mayor and Councilmen or appointed by the Mayor are subject to removal by the appointing authorities at any time upon good cause shown. Unless sooner removed all persons thus appointed shall hold their offices during their terms and until their successors are elected, appointed and qualified. The Mayor and Council shall have authority to prescribe by ordinance from time to time other duties of the various officers of the city as are herein provided for. At the said meeting of Mayor and Council they shall in like manner elect a Municipal Judge who shall hold Municipal Court for the trial of all persons charged with the violation of ordinances, rules and regulations of said City and all violations which are authorized by law to be tried in a Municipal Court and upon conviction

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to punish said offenders as hereinafter provided. Said Municipal Judge shall issue all processes and shall discharge all duties required of him by the laws, ordinances and rules regulating the government of the City of Trenton and the laws of the State of Georgia. Section 2. Said Act is further amended by striking Section 14 thereof 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 be in the City of Trenton and there is hereby created a Municipal Court for the trial of all persons charged with the violation of ordinances, rules and regulations of said city and any other violations which are authorized to be tried in Municipal Courts under the laws of the State of Georgia. Said Municipal Court shall be presided over by the Municipal Judge. He shall have jurisdiction over all persons arrested and brought before him for trial for violation of the ordinances, rules and regulations of said city and any other violations authorized by the laws of the State of Georgia to be tried in Municipal Courts and after hearing the evidence in such cases, he shall acquit such defendants or convict them as the law and justice of each case may direct. Upon conviction he shall punish said offenders by a fine not to exceed $200 or by labor on the streets or any public works of said city under the control and direction of the proper officers thereof not to exceed sixty days or be confined in the common jail not to exceed sixty days, or both. Any person who may be thus convicted before the Municipal Judge shall have the right to appeal his case to the Mayor and Council and shall be released from custody at once provided he can give bond with good security in such amount as is required by the Municipal Judge, but not to exceed $500, pending said appeal. If he be unable to give such bond he shall be committed to the common jail of Dade County pending such appeal which he shall be entitled to have heard at the next regular meeting of the Mayor and Council, provided said regular meeting is to be held within seven days from the date of the appeal; otherwise defendant shall be entitled to have his appeal heard within seven days at a meeting of said Mayor and Council called especially for said purpose. The Mayor and Councilmen may call a meeting for the purpose of hearing appeals at any time, at which meeting it shall be the duty of the Mayor and all

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Councilmen to be present, but the Mayor and two Councilmen or the Mayor pro tem. and two Councilmen shall constitute a quorum and have full and complete jurisdiction over said matters. If the defendant be dissatisfied with the findings of the Mayor and Councilmen upon said appeal, he may certiorari his said case to the Superior Court of Dade County provided he give bond with good and solvent security for his appearance before the Municipal Judge should his certiorari be dismissed. By giving notice of such certiorari and by paying said fine and all costs or by giving bond to secure the same or by making oath that owing to his poverty he is unable to pay said fine and costs or make bond for the same, he may suspend the judgment and be released from custody at once upon giving bond to appear before the Municipal Judge in the event his certiorari is dismissed as aforesaid; provided all certioraris from the Mayor and Councilmen must be sued out, sanctioned and filed within thirty days from the judgment, and no certiorari shall issue until the fine and all costs have been paid or affidavit made by the defendant showing his inability to pay said fine and cost or give bond to secure same. All appeals tried by the Mayor and Council shall be tried de novo. The Municipal Judge and Mayor and Council as courts shall have power to punish contempt by a fine not exceeding $50.00 or by confinement in the common jail of Dade County not exceeding five days. The Municipal Judge and Mayor and Council may call and hold their respective courts at any time deemed by them proper and necessary to clear the jail and the dockets of said courts, provided that defendants shall have the right to have their appeals heard by the Mayor and Council within seven days from the date of conviction in Municipal Court. If the Municipal Judge be absent or for any reason disqualified the Mayor shall have the power to hold said police court, or should the Mayor be absent or for any reason disqualified the Mayor pro tem. shall have the power to hold said court as aforesaid. The person holding said court shall have the authority to bind over to the grand jury any persons charged with the violation of a State law in which case he will sit as justice of the peace and for this purpose be invested with like power. Section 3. Said Act is further amended by striking Section 42 thereof in its entirety and substituting in lieu thereof a new Section 42 to read as follows:

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Section 42. Be it further enacted that the Mayor, upon complaint supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or intent of, illegally selling or otherwise illegally disposing of the same, in a certain described place in said city, shall thereupon issue a search warrant, directed to the City Marshal, commanding him to enter the suspected place, search for and seize the same, should any be found thereon, the officer making said search shall seize such goods and shall hold the same in custody and make a return of his actings and doings to the Municipal Judge upon said warrant. The Marshal shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control, and if no one appears to be in custody or control of the same, then upon the person or persons who seem to have control of the premises where the same is found, to appear and defend against said warrant and accusation, and a hearing shall be had on the same to determine whether the law has been violated by the keeping, storing or selling of such alcoholic liquors, and if such questions be determined affirmatively, then the goods seized as aforesaid shall be destroyed by the city authorities, after the lapse of thirty days from the date of the judgment on the warrant unless steps have been taken to have the finding reviewed by a higher court. The City Marshal shall also arrest the person, or persons appearing to have said liquors under their control or appearing to have the premises on which the same are found under their control, and bring them before the Municipal Judge for trial; the Mayor and Council shall prescribe by ordinance all penalties for violation of the laws and ordinances of the city touching this question. Section 4. Said Act is further amended by striking Section 47 thereof in its entirety and substituting in lieu thereof a new Section 47 to read as follows: Section 47. Be it further enacted, that all warrants, summons and precepts issued by the Municipal Judge of the City of Trenton bearing testate in the name of said Mayor and Municipal Judge, shall be directed to the Marshal, Deputy Marshal or police of said City, and the said Municipal Judge shall have the right to issue subpoenas, to compel the attendant of parties or witnesses to the Municipal Court and to the meetings of said Mayor and Councilmen.

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The said Municipal Judge shall have full power and authority to take and receive from all parties and witnesses such bond as he may deem necessary to secure the attendance of said witnesses and parties, and the Mayor and Councilmen shall pass all ordinances to carry his behest into effect, to forfeit and collect said bonds in the same manner that such bonds are forfeited in the Superior Courts of this State. Section 5. Said Act is further amended by striking Section 49 thereof in its entirety and substituting in lieu thereof a new Section 49 to read as follows: Section 49. Be it further enacted, that should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended or arrested, whenever found in the State, and the warrants of the Municipal Judge, or acting Municipal Judge 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 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 punishment therefor not exceeding penalties herein provided. The said Mayor and Council 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 all persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Section 6. Said Act is further amended by striking Section 51 thereof in its entirety and substituting in lieu thereof a new Section 51 to read as follows: Section 51. Be it further enacted, that all fines, costs and funds assessed or collected under the provisions of this Act shall be paid to the Recorder and become a part of the city funds, this to include Marshal's cost, Municipal Judge and/or Municipal Court cost, and all other costs arising in any manner from the operation of the Municipal Court and the acts and duties of the Municipal Judge.

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Section 7. Said Act is further amended by striking Section 52 thereof in its entirety and substituting in lieu thereof a new Section 52 to read as follows: Section 52. Be it further enacted that the Mayor and Councilmen of the City of Trenton are hereby authorized to establish a fee bill or Court costs bill in connection with the operation of the Municipal Court including costs or fees for arrest, for taking bonds, for trial, for subpoenas, for appeals, for costs of confinement and the like. Any such schedule of costs and/or fees shall be established as the official fee bill or cost bill in the Municipal Court of Trenton. Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Section 9. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a municipal judge, to provide the powers and duties of the municipal judge, and for other purposes. This 7th day of January, 1980. Ronald R. Womack, City Attorney for City of Trenton

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Georgia, Walker County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald R. Womack, who, on oath, deposes and says that he is the City Attorney for City of Trenton, 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 17, 24 and 31, 1980. /s/ Ronald R. Womack Attorney for City of Trenton Sworn to and subscribed before me this 6th day of February, 1980. /s/ Mary G. Bishop Notary Public, Walker County, Georgia My Commission Expires June 25, 1983. (Seal). To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a municipal judge, to provide the powers and duties of the municipal judge, and for other purposes. This 7th day of January, 1980. Ronald R. Womack, City Attorney for City of Trenton

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/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 16, 23, 30, 1980. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 11th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. DOUGLAS COUNTY BOARD OF COMMISSIONERS. No. 1349 (House Bill No. 1741). AN ACT To amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. Laws 1952, p.

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2703), as amended, particularly by an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. Laws 1955, p. 3100), an Act approved February 20, 1975 (Ga. Laws 1975, p. 2516), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 3028), so as to change the meeting dates of said board; to change the method of filling vacancies; to change the compensation and expenses of the chairman and other members of the board; to change the duties of the clerk of the board; to change the duties of counsel to the board; to clarify the provisions relating to medical services for certain persons at the expense of the county; to change the provisions relating to the expenditure of funds by the board; to change the purchasing procedures of the county; to clarify the jurisdiction and control of the board; to change the method of reporting receipts and disbursements; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), as amended, particularly by an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. Laws 1955, p. 3100), an Act approved February 20, 1975 (Ga. Laws 1975, p. 2516), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 3028), 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. Said board shall meet on the first and third Tuesdays in each month at the courthouse. The chairman shall be the financial officer of said board and shall receive all funds payable to said board or for the benefit thereof and, before entering upon his duties, shall give bond in the sum of $10,000.00, payable to the judge of the probate court of said County of Douglas for the use and benefit of the county, conditioned upon the faithful performance of his duties and a just and true accounting for all funds received. Surety on said bond shall be a surety company authorized to do business in the State of Georgia, and the premium for said bond shall be paid by Douglas County. No other member of said board shall receive or be custodian for any funds belonging to the County of Douglas unless expressly authorized by proper action of said

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board of commissioners, in which event the amount of bond shall be fixed at the time said member or members authorized to receive funds become custodian thereof. Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Should a vacancy occur upon said board by resignation, removal, death, or otherwise, except by recall as provided by state law, such vacancy shall be filled by remaining members of said board for the unexpired term. However, no person shall be selected who would not be qualified to serve as a juror in a cause in which said board is a party. 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 compensation of the chairman of the board shall be $27,500.00 per annum, to be paid in equal monthly installments from the general funds of Douglas County. He shall be paid for his expenses incurred on official business for the county not to exceed $300.00 per month. The other two members of the board shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments, and they shall be paid for expenses incurred on official business for the county not to exceed $300.00 per month. The expenses of all board members shall be subject to the approval of the entire board. Section 4. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The board shall employ a clerk and fix the compensation therefor, to be paid out of the general funds of Douglas County; and it shall be the duty of the clerk to attend all meetings of the board and to keep a correct record of the same and to perform such other duties as may be prescribed in this Act or as may from time to time be prescribed by the board.

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Section 5. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. The board shall be empowered to employ counsel, and to fix compensation therefor, for the purpose of advising said board and for representing the County of Douglas in all litigation to which the said county may be a party, plaintiff or defendant, and for representing other elected officials at the direction of the board of commissioners. Section 6. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. The board shall be empowered to secure medical services for inmates of the jail of said county or for such other persons entitled to have medical aid furnished at the expense of the county and to fix compensation therefor. Section 7. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. No member of any firm of which a commissioner is a member or of any corporation in which he is a stockholder or by which he may be employed shall buy from, or sell to, said board or to Douglas County any article of merchandise or supplies, except upon a competitive bid after due advertising as herein provided. Section 8. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The commissioners shall not expend any money for any purpose without express law or authority for the same. Section 9. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:

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Section 13. The board of commissioners shall not pay out any money for any purpose except when an itemized request for purchase is submitted within the approved or amended budget by the elected official or department head for the respective office or department. All checks for the payment of funds shall be signed by the chairman of said board and countersigned by the clerk thereof. All accounts for the previous 12 months which have been paid shall be filed alphabetically and so indexed that any citizen or other person at interest may readily find the account. Section 10. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. The board shall be the purchasing agent for all supplies or fixtures of every kind that are purchased and paid for with county funds. All purchases in excess of $1,500.00 shall be made only after competitive bids have been received after at least five days' notice given to the general public and to dealers in the article to be purchased located in the territory from which Douglas County could be reasonable supplied. Posting of notice upon the bulletin board at the courthouse or advertisement in the newspaper authorized to advertise legal advertisements shall be deemed sufficient notice to general public, and the mailing of notice to two or more dealers in the article to be purchased shall be deemed and held sufficient notice to dealers. All such notices shall specify the article to be purchased, the amount desired, the date of delivery, and the time and place bids will be received and awards made; provided, however, that, in event of an emergency and when a request has been made in writing by the elected official, the chairman, by and with consent of any one member, may make purchases. Section 11. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. The board shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county according to law; in levying taxes according to law; in supervising tax commissioner's books and allowing insolvent lists of said county and they shall have the right to inspect or have inspected any office and the records of any

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county officer at any time; having authority to employ a competent person or firm to do said work and to fix reasonable compensation therefor; in settling all claims against the county, examining and auditing all claims and accounts of officers having care, management, keeping, collecting, or disbursement of any money belonging to the county or appropriated for its use or benefit and bringing them to settlement; in making rules and regulations for the support of the poor of said county and for the promotion of health; in electing and appointing all officers of said county where election or appointment is not otherwise provided by law, such as superintendents, caretakers of the courthouse and other public buildings and grounds, county physicians and health officer, and other employees as needed and authorized by law; in regulating peddling, and to have and exercise all the powers heretofore vested in the judge of the probate court of said county when sitting for county purposes; and to exercise such other powers as are granted by law or are indispensable to the jurisdiction of said board over all county matters and finances. Section 12. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows: Section 16. At the last regular meeting of the board each month the clerk shall submit, in writing, a report of all receipts and disbursements by the various officers or departments of said Douglas County during the preceding month. Said clerk is authorized and directed to secure such information from all officers or department heads; and the failure of any such officer or department head to furnish such information upon demand shall be deemed and held to constitute a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, the offender or offenders shall be punished accordingly. Section 13. Said Act is further amended by striking Section 18 in its entirety and inserting in lieu thereof a new Section 18 to read as follows: Section 18. The enumeration of powers and duties herein shall not be considered as restrictive; and the board, created by this Act, shall have and exercise all the powers and functions provided by law for the judge of the probate court, when sitting for county purposes,

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and shall be subject to all restrictions and limitations imposed by law. The board shall have the right to establish such rules and procedure, not inconsistent with the provisions of this Act or of the general laws of Georgia, as it may deem proper; and, where under terms of this Act rights are conferred or powers granted but the manner of exercising them is not fully defined, the board may prescribe additional regulations and mode of procedure, not repugnant to the interest and purposes of this Act or the laws of this state. Section 14. Said Act is further amended by adding a new section immediately following Section 18, to be designated Section 18A, to read as follows: Section 18A. A violation of any provision set forth above shall constitute a misdemeanor and, upon conviction, the offender shall be punished accordingly. Section 15. This Act shall become law on January 1, 1981. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), as amended; and for other purposes. This 4th day of January, 1980. Thomas M. Kilgore Representative, 65th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore who, on oath, deposes and says that he/she is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 10, 17, 24, 1980. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 4th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. COLUMBUS, GEORGIA PROPERTY TAXES. No. 1352 (House Bill No. 1795). AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that the Charter of Columbus, Georgia shall reflect that assessment and collection of property taxes shall be as provided by State law; repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of

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Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows: Section 1. That Section 7-300, subsection (1) of the Charter of Columbus, Georgia be and the same is hereby deleted in its entirety and in lieu thereof a new subsection (1) substituted to read as follows: (1) The assessment and collection of property taxes by the Consolidated Government shall be as provided by state law. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the removal of language concerning the method of assessing and collecting property taxes since the State law provides for the method of assessing and collection of property taxes. Lennie F. Davis City Attorney Columbus, Georgia 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, 1980, for the passage of a Bill to provide for the removal of language

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concerning the method of assessing and collecting property taxes since the State law provides for the method of assessing and collection of property taxes. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 26, February 2, February 9, 1980. Glenn Vaughn, Jr. Sworn to and subscribed before me, this the 11th day of February, 1980. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal). Approved April 1, 1980. STATE COURT OF CHATHAM COUNTY PRE-TRIAL DIVISION, ETC. No. 1353 (House Bill No. 1807). AN ACT To amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. Laws 1819, p. 16), as amended, so as to provide for a pre-trial diversion program as a policy of the State Court of Chatham County; to provide for procedures, requirements,

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and other matters relative thereto; to provide for the repeal of this Act on a certain 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, is hereby amended by adding following Section 17B a new Section 17C to read as follows: Section 17C. Pre-trial diversion. (a) As used in this Section, `pre-trial diversion' means procedures for postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is to be charged until adjudication. The purpose of pre-trial diversion is to offer the offender an alternative method of rehabilitation, other than incarceration or probation which will bring about the offender's future compliance with the law. (b) It shall be the policy of the State Court of Chatham County to use pre-trial diversion procedures in all first offender misdemeanor cases, except as otherwise provided in subsection (i) of this Section. (c) For any offender subject to this Section, it shall be the duty of the Solicitor of the State Court to conduct a pre-trial diversion conference at which the Solicitor and the offender and defense counsel, if the offender is represented by counsel, may meet to discuss the case prior to the time a charge is made. At the diversion conference, the Solicitor shall afford either the offender or his counsel the opportunity to advance arguments and present facts bearing on the issues and shall inform the offender or his counsel of his views and the reasons therefor in a manner that will give the offender or his counsel the opportunity to respond thereto. The parties may discuss and agree upon a disposition of the case which may include dismissal or suspension of the prosecution. The parties may agree that a particular disposition shall be conditioned upon the offender's participating in a supervised rehabilitation program. The Solicitor shall, at any time, consult with a Judge of the State Court in determining an appropriate disposition of a case. (d) In all cases where an individual is found eligible for diversion, a written report shall be made and retained on file in the Solicitor's office, regardless of whether the individual is finally

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rejected or accepted for a pre-trial diversionary program. A copy of this report shall be provided to the offender and the offender's counsel. In addition, copies may be provided to those agencies which may be involved in developing treatment programs with the offender. All parties concerned shall take due care to ensure the privacy of the pre-trial diversionary reports. (e) The process of pre-trial diversion and the pre-trial diversion conference cannot be used to `coerce' a guilty plea from an offender, even though there is reasonable assumption of the offender's guilt. The offender, or an accused, shall not be required to enter any formal plea to a charge made against him as a condition for participation in a pre-trial diversion program. Participation in a pre-trial diversion program shall not be used in subsequent proceedings relative to a charge as evidence of an admission of guilt. (f) In any case in which an offender agrees to a specific pre-trial diversion program, a specific agreement shall be made between the Solicitor and the offender. The Solicitor shall consult with a Judge of the State Court in determining the requirements of any such agreement. This agreement shall include the terms of the pre-trial diversion program, the length of the program, and a section therein stating the period of time after which the Solicitor will move either to dismiss the charge or to seek a conviction based upon that charge. This agreement must be signed by the offender and his counsel, if represented by counsel, and filed in the Solicitor's office. No pre-trial diversion or diversionary program will take place without the written consent of the offender. (g) Prior to formal entry into a pre-trial diversion program, the Solicitor may require the offender to inform him concerning the offender's past criminal record, if any, his education and work record, his family history, and medical or psychiatric treatment or care he has received, any psychological test he has taken, and other information bearing on the Solicitor's decision as to an appropriate disposition of the case. (h) If the case should go to trial, any statements made by an offender, or his counsel, in connection with any pre-charge discussions concerning pre-trial diversion shall not be admissible in evidence. (i) An individual should not be considered for a pre-trial diversion program in those circumstances in which the individual has

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been known to be unresponsive to previous diversionary programs. A pre-trial diversion program should not be considered for those individuals which may be considered as `dangerous offenders.' The term `dangerous offender' as used herein shall mean a person who has committed an offense, whose history, character, and condition reveal a substantial risk that he will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences. (j) The Solicitor of the State Court of Chatham County shall maintain a current and complete listing of various resource dispositions available for the purposes of the pre-trial diversion program. This listing shall be compiled and evaluated in conjunction with law enforcement agencies, correctional agencies, courts, and defense counsel. This listing shall be subject to periodic review and evaluation. Section 2 . This Act shall stand repealed in its entirety on July 1, 1982. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Chatham County approved Dec. 18, 1819 (Ga. L. 1819, p. 16) as amended and for other purposes. This 18 day of January, 1980. Al Scott Representative, 123rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Scott who, on oath, deposes and says that he/she is Representative from the 123rd District, and that

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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 21, 28, 1980, February 4, 1980. /s/ Al Scott Representative, 123rd District Sworn to and subscribed before me, this 8th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. COFFEE COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1354 (House Bill No. 1808). AN ACT To amend an Act creating and establishing a small claims court in and for Coffee County, approved March 27, 1972 (Ga. Laws 1972, p. 2590), as amended, so as to change the provisions relating to fees; to change the provisions relating to costs; to change the provisions relating to collection of judgments; 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 Coffee County, approved March 27, 1972 (Ga. Laws 1972, p. 2590), as amended, is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

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Section 5. (a) Upon the filing of a claim, the plaintiff shall deposit with the court the sum of $22.00 for claims of $1,000.00 or less and the sum of $25.00 for claims in excess of $1,000.00, which shall cover all cost of the proceeding including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such cost remains unpaid and likewise shall have the power to deny such litigant the right to proceed further in any pending case. The award of court cost, as between the parties, shall be in the discretion of the judge; and such cost shall be taxed in the cause at the judge's 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 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 $20.00 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) Fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Section 2. Said Act is further amended by striking in its entirety subsection (d) of Section 6, which reads as follows: (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. Section 3. Said Act is further amended by striking in its entirety Section 8, which reads as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $7.50 with the court. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to

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deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs shall be mandatory and such costs shall be taxed to the nonprevailing party. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. A deposit of $7.50 for every such claim case shall be made to the court. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. (c) The remainder of the court fee due after payment of the deposit, as provided in this section, shall be paid within 30 days of the date the deposit is made. Section 4. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The 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, the judge may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. 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 1980 session of the General Assembly of Georgia a bill to amend an Act to create and establish a small claims court in and for Coffee

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County, approved March 27, 1972 (Ga. Laws 1972, p. 2590); and for other purposes. This 16 day of January, 1980. James Moore Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James 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 Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 24, 31, February 7, 1980. /s/ James Moore Representative, 152nd District

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Sworn to and subscribed before me, this 14th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. FRANKLIN COUNTY WATER AND SEWERAGE AUTHORITY ACT. No. 1355 (House Bill No. 1815). AN ACT To create the Franklin County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds

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or obligations of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, and to pay the cost 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 Franklin County or the cities within Franklin County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. 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 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 Franklin County Water and Sewerage Authority Act. Section 2. Franklin County Water and Sewerage Authority. (a) There is hereby created a body corporate and politic to be known as the Franklin County Water and Sewerage Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title; and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is hereby granted the same exceptions 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 nine members. The mayors of Canon, Carnesville, Franklin Springs, Lavonia, and Royston, by their offices, shall be members of the authority or, if any of them so elect, may designate and appoint a resident of their respective cities to act as a member during that mayor's term of office. In addition,

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the board of commissioners of Franklin County shall appoint four members, each of whom shall reside in Franklin County outside the corporate limits of the five municipalities, who shall serve for a term of four years and who shall be eligible for appointment initially. The board of commissioners of Franklin County shall appoint the members for staggered terms of one year, two years, three years, and four years, respectively. Vacancies shall be filled for the unexpired term by the said board of county commissioners. A majority of the members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. The authority shall elect one of its members as chairman and another member as vice chairman; and it shall also elect a secretary and treasurer who does not necessarily have to be a member of the authority and, if not a member, he or she shall have no voting rights. 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. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) The word authority shall mean the Franklin County Water and Sewerage Authority created in Section 2 of this Act. (2) 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

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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; 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 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. (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 is hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenue 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, and 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.

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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 or disposition 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. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is acquired, a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance. 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 a 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 of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority.

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(d) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents and attorneys, and to 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 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. 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 50 years. (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof, or from the State of Georgia or any agency or instrumentality 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.

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(i) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness, to secure the same, 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 thereto, interest shall be payable semiannually, principal shall mature at such time or times not exceeding 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

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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 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, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and the 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 shall be duly authorized or hold the proper office at the actual time of the execution of such bonds; although at the date of such bonds, such person 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. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. Such bonds 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.

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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, or 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 Franklin County nor a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. 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, 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

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supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, 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 of the bonds as the same 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

Page 4398

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 canceled 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 4399

action against such authority shall be brought in the Superior Court of Franklin 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 Franklin County Water and Sewerage Authority. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

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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. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Franklin County; and the officers, agents, and employees of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Franklin County when in performance of their public duties or work of the county. Section 24. Rates, charges, and revenues; use. The authority is hereby authorized to prescribe and revise, from time to time, rates, fees, tolls, and charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. This Act does not in any way take from Franklin County or any municipality located therein

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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. 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 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 1980 Session of the General Assembly of Georgia, a bill to create the Franklin County Water and Sewerage Authority; to provide for short title; to provide for definitions and for other purposes. This 21st day of January, 1980. Merrill T. Brown Chairman, Franklin County Industrial Building Authority

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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 Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. CITY OF PLAINS CHARTER AMENDED No. 1356 (House Bill No. 1851). AN ACT To amend an Act creating a new charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), as amended, so

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as to provide for two additional members of the council and their election and terms of office; to change the provisions relating to quorums and voting; to change the provisions relating to action on ordinances; to provide for appeals from the municipal court to the superior court by writ of certiorari; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), as amended, is hereby amended by striking from Section 2.10 the word four and inserting in lieu thereof the word six, so that when so amended Section 2.10 shall read as follows: Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the City of Plains except as otherwise specifically provided in this charter shall be vested in a city council to be composed of a mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2. Said Act is further amended by striking Section 2.11 in its entirety and inserting in lieu thereof a new Section 2.11 to read as follows: Section 2.11. Terms and Qualifications of Office. Except as provided in Section 5.10, the members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City of Plains, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 3. Said Act is further amended by striking Section 2.24 in its entirety and inserting in lieu thereof a new Section 2.24 to read as follows:

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Section 2.24. Quorum, Voting. Four (4) councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll call vote. The affirmative vote of four (4) councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 4. Said Act is further amended by striking in its entirety subsection (b) of Section 2.25 and inserting in lieu thereof a new subsection (b) to read as follows: (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish under section 2.23 of this charter; provided, however, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction unless all members present consent to the adoption of such ordinances at the meeting of their introduction. Upon introduction of any ordinance, the city clerk shall assure that the citizens of Plains have access to said ordinance. Section 5. Said Act is further amended by striking in its entirety the last sentence of Section 4.15 and inserting in lieu thereof the following: An appeal to the superior court from the municipal court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the superior court from the municipal court, shall lie in the same manner as generally prescribed for appeals from the probate court., so that when so amended Section 4.15 shall read as follows: Section 4.15. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Sumter County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for

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appeals and appeal bonds from the court of the probate judge; provided, however, that any person who fails to file his appeal within ten (10) days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court from the municipal court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the superior court from the municipal court, shall lie in the same manner as generally prescribed for appeals from the probate court. Section 6. Said Act is further amended by striking Section 5.10 in its entirety and inserting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. On the first Monday in December, 1980, there shall be an election for a Mayor and four Councilmen. The three Councilmen elected at the December regular election in 1979 shall continue to serve out their terms of office. The three Councilmen receiving the greatest number of votes cast for Council seats shall serve for two-year terms with the remaining Councilman to serve a one-year term. Thereafter, the Mayor and three Councilmen shall be elected on the first Monday in December in even-numbered years and three Councilmen elected on the same date in odd-numbered years so that a continuing body is created. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), as amended, so as to provide for appeals from the municipal court to the superior court by writ of certiorari; to provide for two additional members of the city council, and their election and terms of office; to provide for a quorum of the membership of the council; to provide for the adoption of ordinances by unanimous consent; and for other purposes.

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This 25th day of January, 1980. Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 25, February 1, 8, 1980. /s/ Bill Murray Representative, 116th District

Page 4407

Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. DOUGHERTY COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1357 (House Bill No. 1857). AN ACT To amend an Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. Laws 1976, p. 3164), so as to change the provisions relating to the jurisdiction of said court; to change the provisions relating to fees and costs in said court; to provide for additional fees and costs; 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 Dougherty County, approved March 24, 1976 (Ga. Laws 1976, p. 3164), is hereby amended by inserting in Section 1 following the figure and symbol $1,000.00 the following: and in cases involving damage to property in which the demand or value of the property involved does not exceed $1,000.00,

Page 4408

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 Dougherty County. Such court shall be a separate court from the State Court of Dougherty County, but shall be operated, except as to practice and procedure and appeals, as if it were a division of the State Court of Dougherty County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00 and in cases involving damage to property 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 . Said Act is further amended by striking Section 8 which reads as follows: Section 8. (a) The plaintiff, when he files his claim, shall pay the sum of $7.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice, and which shall not be refunded. The deposit of costs in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The court shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.,

Page 4409

in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. (a) The plaintiff, when he files his claim, shall pay the sum of $12.50 to the court, which shall cover all costs of the proceeding, except the cost of service of the notice, and which shall not be refunded. The deposit of costs in cases of attachment or trover shall be $12.50 which shall cover all costs of the proceeding, except the cost of service of the notice. In cases of garnishment, the deposit of costs shall be $10.00. The fee for reissuing a garnishment shall be $5.00 and the fee for release of garnishment shall be $2.50. 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 court shall be entitled to a fee of $12.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 3 . Said Act is further amended by striking from Section 16 the following: $7.50, and inserting in lieu thereof the following: $15.00, so that when so amended Section 16 shall read as follows:

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Section 16. Appeals may be had from judgments returned in the Small Claims Court to the State Court, and the same provisions now provided for by law for appeals to the State Court of Dougherty County, shall be applicable to appeals from the Small Claims Court to the State Court, the same to be a de novo appeal. Appeals shall be filed with the clerk of the Small Claims Court within ten days after the date the judgment is returned. A fee of $15.00 shall be charged for the cost of each appeal. The judge or associate judge of the State Court who acted as judge of the Small Claims Court in the case shall not hear the appeal of the case in State Court. A default judgment shall not be subject to appeal. 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 1980 session of the General Assembly of Georgia a bill to amend an Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. Laws 1976, p. 3164); and for other purposes. This 27 day of December, 1979. 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

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Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: January 3, 10, 17, 1980. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. ALCOVY SHORES WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 1358 (House Bill No. 1879). AN ACT To amend the Alcovy Shores Water and Sewerage Authority Act, approved April 4, 1979 (Ga. Laws 1979, p. 3177), so as to add a definition; 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. The Alcovy Shores Water and Sewerage Authority Act, approved April 4, 1979 (Ga. Laws 1979, p. 3177), is hereby amended by adding at the end of Section 3 thereof a new subsection (f) to read as follows: (f) The term `project area' shall mean the boundaries of the Alcovy Shores Water and Sewerage Authority and shall be more specifically defined as all that area within a radius of five miles from the intersection of the centerlines of Lake Shore Drive and Decatur Street in the Alcovy Shores Subdivision of Jasper County, Georgia, Land Lot 142, 18th District. 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 1980 session of the General Assembly of Georgia a bill to amend the Alcovy Shores Water and Sewerage Authority Act, approved April 4, 1979 (Ga. Laws 1979, Page 3177); and for other purposes. This 4th day of February, 1980. E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath,

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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: February 7, 14, 21, 1980. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 25th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. GRIFFIN DEVELOPMENT AUTHORITY ACT AMENDED. No. 1359 (House Bill No. 1885). AN ACT To amend an Act creating the Griffin Development Authority, approved April 11, 1979 (Ga. Laws 1979, p. 4532), so as to change the membership of the Authority; to remove the conditional taxing power; to provide for exemption from taxation of certain property of the Authority; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Griffin Development Authority, approved April 11, 1979 (Ga. Laws 1979, p. 4532), is hereby amended by striking subsections (a) and (b) of Section 1 and inserting in their place new subsections to read as follows: (a) The Authority shall be composed of ten 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. One member of the Authority shall be the Chairman of the Board of Commissioners of Spalding County. Four members of the Authority shall represent the owners of real property which is in the Development District 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 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 chairmen of city commissioners and county commissioners whose terms shall coincide with their terms as chairmen. After the initial election, terms of office for all members of the Authority, except for the chairmen of city commissioners and county 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.

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Section 2. Said Act is further amended by striking in its entirety Section 4 and inserting in lieu thereof a new section to read as follows: Section 4. All property of the Authority held pursuant to the terms of this Act, and any income or revenue therefrom, is held for an essential public purpose and governmental function. All such property shall be deemed to be public property and exempt from any and all taxes, except that property of the Authority used primarily by private enterprise or business shall be taxable as if it were not owned by the Authority, and the private enterprises or businesses using such property shall pay the taxes thereon. The determination of whether a particular item or parcel of the Authority's property is used primarily by private enterprise or business shall be made by the Tax Commissioner of Spalding County, whose decision shall be conclusive and binding. The exemption of the Authority's property from taxes does not apply to interests of others (such as, for example, an estate for years) in property of the Authority. Section 3. Said Act is further amended by striking in its entirety Section 5 and inserting in lieu thereof a new section to read as follows: 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 of benefit to the economic improvement and development of said district or area;

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(d) to borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (e) to appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act; (f) to encourage and promote the economic improvement, development and rehabilitation of the 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 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 adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; and (k) to exercise all of the powers vested in the Authority by the Constitution and laws of the State of Georgia. Section 4. Said Act is further amended by striking in its entirety Section 6 and inserting in lieu thereof a new section to read as follows: Section 6. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of

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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. Section 5. Said Act is further amended by striking in its entirety Section 7 and inserting in lieu thereof a new section to read as follows: 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. 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.

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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 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 of intention to introduce in the 1980 Session of the Georgia General Assembly legislation amending House Bill 992 as passed in the 1979 Session of the Georgia General Assembly which created the Griffin Development Authority and for other purposes. This the 24th day of January 1980. Tilman Blakely, Jr., Chairman Griffin Development Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Fortune 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 30, February 6, 13, 1980. /s/ Jim Fortune Representative, 71st District

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Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. PIKE COUNTY SMALL CLAIMS COURT ACT AMENDED. No. 1360 (House Bill No. 1887). AN ACT To amend an Act creating and establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), as amended, so as to change the provisions relating to costs and fees; to change the provisions relating to judgment liens; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), as amended, is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $16.50, 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

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be $21.00. 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. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the Judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply as in cases of affidavits of illegality. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cost in said proceeding. Section 2 . Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows: Section 16. (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. (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 $2.25 in addition to the deposit of costs required by Section 8. It shall be the duty of the

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clerk of the superior court when any such writ is filed with him to enter same on the general execution docket. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act establishing a Soall Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), as amended, so as to change certain provisions relating to fees and costs; to provide for other matters relative to the foregoing; and for other purposes. This 28th day of January, 1980. Bill Jones Representative, 78th District Marvin Adams Representative, 79th 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

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organ of Pike County, on the following dates: January 30, February 6, 13, 1980. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. CITY OF DeSOTO NEW CHARTER. No. 1361 (House Bill No. 1892). AN ACT To provide a new Charter for the City of DeSoto in the County of Sumter; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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ARTICLE I INCORPORATION, POWERS Section 1.10 . Incorporation. This Act shall constitute the whole Charter of the City of DeSoto, repealing and replacing the charter provided by an Act of the General Assembly, approved November 7, 1889 (Ga. Laws 1888-1889, p. 944), as amended. The City of DeSoto, Georgia, in the County of Sumter and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of the City of DeSoto, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.11 . Corporate Boundaries. (a) The boundaries of the City of DeSoto 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 DeSoto, at all times, shall be shown on a map to be retained permanently in the office of City Clerk and to be designated: City of DeSoto, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12 . Examples of Powers. The corporate powers of this City may include but shall not be limited to the following: (1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law;

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(3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees; (4) Appropriations and Expenditures. To make appropriations for the government of the City; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the City; (5) Municipal Debts. To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (6) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (8) Condemnation. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia 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;

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

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(15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City; (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;

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(22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (28) Jail Sentences. To provide that persons given jail sentences in the City's court may work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;

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(29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder; (30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City; (33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor; (35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;

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(38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (39) Urban Redevelopment. To organize and operate an urban redevelopment program; (40) Public Transportation. To organize such public transportation systems as are deemed beneficial; (41) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees may be exercised as provided by this charter. If this charter makes no provision, such may be exercised as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualification of Office. Except as otherwise provided for their initial terms, the members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City. Section 2.12. Vacancy; Filling of; Forfeiture of Office. (a) The office of Mayor or Councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) A vacancy in the office of Mayor or Councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. (c) The Mayor or any Councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. Section 2.13. Compensation and Expenses. The salaries of the Mayor and Council of the City of DeSoto, Georgia, shall be fixed by said Mayor and Council in January next following the City's election

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except as otherwise limited by the general laws of the State of Georgia. The Mayor and Councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he was elected. Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City. Section 2.16. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance. Section 2.17. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this charter, the Council shall be vested with all the powers of government of this City as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this City. The Council may enforce such ordinances by imposing penalties for the violation thereof. (c) The Council may, by ordinance, create, change, alter, abolish, or consolidate offices, agencies and departments of the City and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter.

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Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this City. He shall possess all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. Section 2.19. Powers and Duties of Mayor. As the chief executive of this City, the Mayor: (a) shall see that all laws and ordinances of the City are faithfully executed; (b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council; (c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter; (d) shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (e) shall prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (f) shall submit to the Council at least once a year a statement covering the financial conditions of the City and from time to time, such other information as the Council may request; (g) may recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (h) may call special meetings of the Council as provided for in Section 2.23(b); (i) may approve or disapprove ordinances as provided in Section 2.20; (j) may examine and audit all accounts of the City;

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(k) may require any department or agency of the City to submit written reports whenever he deems it expedient; (l) shall perform other duties as may be required by general State law, this charter or ordinance. Section 2.20. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his veto. The Clerk shall record upon the ordinance the date of its delivery to and receipt from the Mayor. (c) Ordinances vetoed by the Mayor shall be presented by the Clerk to the Council at its next meeting and should the Council then or at its next general meeting adopt the ordinance by an affirmative vote of three members, it shall become law. (d) The Mayor may disapprove or reduce any item or 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.

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Section 2.22. Organization Meeting. (a) The Council shall meet for organization on the first scheduled meeting in January next following the City election. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear that I will well and truly perform the duties of (Mayor or Councilman as the case may be) of this City and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) Following the induction of members, the Council by majority vote of all the members thereof shall elect one of their number to be Mayor Pro Tem. The Mayor Pro Tem shall serve for a term of one year and until his successor is elected and qualified. Section 2.23. Regular and Special Meetings. (a) The Council shall hold regular meetings at such times and places as prescribed by ordinance. The Council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such 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.

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Section 2.24. Rules of Procedure. The Council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. Section 2.25. Quorum, Voting. Three Councilmen shall constitute a quorum and shall be authorized to transact business of the Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the Council shall have the right to request a roll-call vote. A majority vote of those present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. Section 2.26. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of DeSoto 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, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction unless all members present consent to the adoption of such ordinances at the meeting of their introduction. Upon introduction of any ordinance, the Clerk shall, as soon as reasonable, distribute a copy to the Mayor and to each Council member and shall file a reasonable number of copies in the office of the Clerk and at such other public places as the Council may designate. Section 2.27. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the

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borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three Councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.28. Codes of Technical Regulations. (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.26(b) of this charter for assuring public access to the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the City Clerk pursuant to Section 2.29 of this charter. (b) Copies of any adopted code of technical regulations may be made available by the City Clerk for distribution or for purchase at a reasonable price. Section 2.29. Signing, Authenticating, Recording; Codifying, Printing. (a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption.

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(b) The Council shall provide for the preparation of a general codification of all the ordinances of the City. The general codification shall be adopted by the Council by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as The Code of the City of DeSoto, Georgia. Copies of the Code may be furnished to all officers, departments, and agencies of the City and made available for purchase by the public at a reasonable price as fixed by the Council. (c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distributions of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish or alter all non-elective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority.

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(c) All appointive officers and department heads shall receive such compensation as prescribed by Council. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three Council members. Section 3.11. Board, Commissions and Authorities. (a) The Council shall create, by ordinance, such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall, by ordinance, establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law. (c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any vacancy on a board, commission or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law. (e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the City an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor.

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(f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council. (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission or authority of the City government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the City or general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City. Section 3.12 . City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.13 . City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct. Section 3.14 . Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale or foreclosure of taxes by municipalities.

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Section 3.15. City Accountant. The Council may appoint a City Accountant to perform the duties of an accountant. Section 3.16. Consolidation of Functions. The Council may consolidate any two or more of the positions of City Clerk, City Tax Collector and City Accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the Council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this Section, all elected and appointed City officials are not City employees. Section 3.18. Personnel Policies. The Council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such dismissal hearings as due process may require; and (5) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.

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ARTICLE IV MUNICIPAL COURT Section 4.10. Creation of Municipal Court. There is hereby established a court to be known as the Municipal Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Section 4.11. Chief Judge, Associate Judge. (a) The Municipal Court shall be presided over by a Chief Judge and such part-time, full-time or stand-by Associate Judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a Judge of the Municipal Court unless he shall have attained the age of 21 years and be a resident of the same Superior Court judicial circuit as the Municipal Court is located in. All Judges shall be appointed by Council. (c) Compensation of the Judges shall be determined by Council who may also remove for cause such Judge or Judges by a vote of three members of the Council. (d) Before entering on duties of his office, each Judge shall take an oath given by the Mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality which shall be entered upon Council minutes. Section 4.12. Convening. The Municipal Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The Municipal Court shall try and punish for crimes against the City and for violation of its ordinances. The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed twenty-five dollars. The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars or imprisonment for thirty days, or both. As

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an alternative to fine or imprisonment, the Municipal Court may sentence any offender upon conviction to labor in a City work gang or on the streets, sidewalks, squares or other public works for a period not exceeding thirty days. (b) The Municipal Court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to Superior Courts for violations of State law. (c) The Municipal Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the Judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall on order of the Judge be forfeited to the City or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (d) The Municipal Court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law.

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(g) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City granted by general State laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Sumter County from the Mayor's Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the court of the Probate Judge; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court from the Municipal Court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the Superior Court from the Municipal Court, shall lie in the same manner as generally prescribed for appeals from the Probate Court. Section 4.15. Rules for Court. With the approval of the Council, the Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Municipal Court; provided, however, that the Council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said Court shall be filed with the City Clerk and shall be available for public inspection upon request. ARTICLE V ELECTIONS Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.

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Section 5.11. Election of Council and Mayor. (a) On the first Tuesday of November, 1980, there shall be an election for the Mayor and four Councilmen. At such election the Mayor shall be elected by plurality vote and shall serve for a term of two years and until the election and qualification of a successor. At such election the candidate for Councilman receiving the highest number of votes and the candidate for Councilman receiving the second highest number of votes shall be elected Councilman for terms of two years and until the election and qualification of their respective successors. At such election the candidate for Councilman receiving the third highest number of votes and the candidate for Councilman receiving the fourth highest number of votes shall be elected Councilmen for terms of one year and until the election and qualification of their respective successors. (b) Successors to the Mayor and those Councilmen having initial two-year terms under subsection (a) of this Section shall be elected on the first Tuesday of November in every even-numbered year thereafter and successors to those Councilmen having initial one-year terms under said subsection (a) shall be elected on the first Tuesday of November in every odd-numbered year thereafter so that a continuing body is created. The Mayor and four Councilmen shall be elected by plurality vote and, unless otherwise provided for initial terms, shall serve for terms of two years and until the election and qualification of their respective successors. (c) The terms of office of the Mayor and Councilmen elected as provided in this Section shall begin upon their taking the oath of office as provided for in Section 2.22 of this charter. Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.

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Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels. Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.15. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) knowingly violate any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof; or (f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.16. Procedure for Removal. Removal of an above described officer may be accomplished by one of the following methods: (a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision

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of the Council to the Superior Court of Sumter 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 Sumter County as provided by law. ARTICLE VI FINANCE Section 6.10. Property Tax. The Council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion. Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City. Section 6.12. Occupation and Business Taxes. The Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of

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such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article. Section 6.13. License, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this Article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this Article for delinquent taxes and fees. Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this Article for City property taxes. Section 6.16. Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law, including but not limited to the insurance premium tax at the

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maximum rate allowable by law, and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of the City to govern its local affairs. Section 6.17. Collection of Delinquent Taxes and Fees. The Council, by ordinance, may provide generally for the collection of delinquent taxes, fees or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Section 6.18. Transfer of Executions. The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.19. General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue Bonds. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond

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Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-Term Notes. The City must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or Federal law. Section 6.23. Preparation of Budgets. The Council may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.24. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.25. Capital Improvements Budget. (a) The Mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, provided that such authorization is passed by two-thirds' vote of the membership of the Council. (b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however,

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that the Mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Council. Section 6.26. Independent Audit. There shall be an annual, independent audit of all City accounts, funds and financial transactions by a qualified public accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or Federal governments may be accepted as satisfying the requirements of this charter. Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless: (1) it is in writing; (2) it is made or authorized by the Council and such approval is entered in the Council minutes. Section 6.28. Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City. Section 6.29. Sale of City Property. (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law, as now or later amended, by Section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350). (b) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the

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Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future. Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of twenty-five years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City Clerk in a registration book to be kept by him. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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Section 7.12. Official Bonds. The officers and employees of the City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Council may from time to time require by ordinance or as may be provided by State law. Section 7.13. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force unless repealed or amended for two years from the effective date of this charter. During such two-year period, the Council shall review all such provisions and shall readopt, repeal or amend each such ordinance for which a codification as provided by Section 2.29(b) is begun. Section 7.14. Prior Ordinances. All ordinances, bylaws, rules and regulations now in force in the City not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the Council. Section 7.15. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty days before or during which the existing Council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. Section 7.16. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or offices as may be provided by the Council. Section 7.17. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed sixty days or both such fine and imprisonment.

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Section 7.18. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is intended to be mandatory and the word may is not. (c) The word City shall mean the City of DeSoto, Georgia. (d) The word Council shall mean the City Council of this City. (e) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.19. Severability. If any Article, Section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each Article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.20. Specific Act Repealed. An Act incorporating the City of DeSoto in the County of Sumter, approved November 7, 1889 (Ga. Laws 1888-1889, p. 944), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.21. Effective Dates. For the purpose of holding the elections provided for in Section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the Mayor and Councilmen elected under subsection (a) of Section 5.11 of this Act take their oaths of office. Section 7.22. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to create a new charter for the City of DeSoto; and for other purposes. This 21st day of January, 1980. Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County, on the following dates: January 24, 31, February 1, 1980. /s/ Bill Murray Representative, 116th District

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Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. TAYLOR COUNTY CORONER'S COMPENSATION. No. 1362 (House Bill No. 1895). AN ACT To provide compensation for the Coroner of Taylor County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Coroner of Taylor County is hereby placed on a salary basis and shall be compensated as such in the amount of $1,200.00 per year. Said compensation shall be paid in monthly installments of $100.00 from the funds of the county. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies, and all other emoluments and perquisites of whatever kind formerly allowed the Coroner of Taylor County. All fees, costs, allowances, monies, and all other emoluments and perquisites of whatever kind collected by said coroner shall become the property of Taylor County and shall be paid to the fiscal officer of the county, at least once a month.

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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. This is to advise that there will be a bill introduced in the 1980 session of the Georgia General Assembly to change the compensation of the Taylor County Coroner and for other purposes. Ward Edwards Representative, 110th District 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 24, February 7, 14, 1980. /s/ Ward Edwards Representative, 110th District

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Sworn to and subscribed before me, this 15th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. GLYNN COUNTY FACILITIES, ETC. FOR SHERIFF'S OFFICE. No. 1363 (House Bill No. 1897). 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 11, 1979 (Ga. Laws 1979, p. 4116), so as to provide for additional facilities and personnel required by statute or court order for prisoners in Glynn County and to provide for payment therefor; to provide 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 11, 1979 (Ga. Laws 1979, p. 4116), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows:

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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 11 additional deputies 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., and inserting 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

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1 2nd senior deputy 11 additional deputies 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 provide for such additional facilities and personnel needed for the purpose of implementing any statutory or court ordered requirement relating to prisoners in Glynn County, including but not limited to such requirements concerning recreation or fresh air for such prisoners and concerning the feeding of such prisoners; provided that such additional facilities and personnel shall be paid for out of county funds. 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 1980 session of the General Assembly of Georgia a bill 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; to repeal conflicting laws; and for other purposes.

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This 28th day of January, 1980. James R. Tuten, Jr. Representative, 153rd District Dean Auten Representative, 154th District 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 January 29, February 5, 12, 1980. /s/ W. R. Maulden Sworn to and subscribed before me, this 28th day of February, 1980. /s/ Hazel R. Edgy Notary Public. My Commission Expires Jan. 9, 1983. (Seal). Approved April 1, 1980.

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PAULDING COUNTY COMPENSATION OF CLERK OF SUPERIOR COURT. No. 1364 (House Bill No. 1898). AN ACT To amend an Act placing the clerk of the Superior Court, the sheriff, the probate judge, and the coroner of Paulding County on a salary basis in lieu of a fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2246), as amended, so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court, the sheriff, the probate judge, and the coroner of Paulding County on a salary basis in lieu of a fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2246), as amended, is hereby amended by striking from Section 2 the figure: $12,000.00, and inserting in lieu thereof the figure: $14,000.00, so that when so amended Section 2 shall read as follows: Section 2. The clerk of the superior court shall receive an annual salary of $14,000.00 payable in equal monthly installments from the funds of such county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court, the sheriff, the judge of the probate court and the coroner of Paulding County on a salary basis in lieu of a fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., P. 2246), as amended; and for other purposes. This 4th day of February, 1980. Bill Cooper Representative, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper, 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 7, 14, 21, 1980. /s/ Bill Cooper Representative, 19th District

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Sworn to and subscribed before me, this 27th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. PAULDING COUNTY FIRE PREVENTION DISTRICTS. No. 1366 (House Bill No. 1900). AN ACT To amend an Act authorizing the commissioner of Paulding County to establish and administer fire prevention districts and providing for an election to determine the taxes or special assessments to be levied in said districts, approved April 17, 1973 (Ga. Laws 1973, p. 3180), so as to change the maximum millage rate of the taxes which may be levied; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the commissioner of Paulding County to establish and administer fire prevention districts and providing for an election to determine the taxes or special assessments to be levied in said districts, approved April 17, 1973 (Ga. Laws 1973, p. 3180), is hereby amended by striking from the ballot question contained in Section 3 of said Act the following:

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seven, and inserting in lieu thereof the following: five, so that when so amended the ballot question contained in Section 3 shall read as follows: [] YES [] NO Shall the Act providing for the levy of taxes not to exceed five mills for fire prevention purposes be approved? Section 2. Said Act is further amended by striking from Section 5 the following: seven, and inserting in lieu thereof the following: five, so that when so amended Section 5 shall read as follows: Section 5. In any fire prevention district which votes for levying such taxes, the Commissioner of Paulding County may levy upon to five mills on the property located in such district. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution of Georgia and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for fire prevention purposes in the fire prevention district only in which

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such funds are collected and not in any other fire prevention district in Paulding 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 there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act authorizing the establishment of fire prevention districts in Paulding County, approved April 17, 1973 (Ga. Laws 1973, P. 3180); and for other purposes. This 4th day of February, 1980. Bill Cooper Representative, 19th District

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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 Dallas News Era which is the official organ of Paulding County, on the following dates: February 7, 14, 21, 1980. /s/ Max D. Kaley Representative, 19th District Sworn to and subscribed before me, this 27th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980.

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APPLING COUNTY MEETINGS OF BOARD OF COMMISSIONERS. No. 1367 (House Bill No. 1901). AN ACT To amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 2092), so as to authorize the board of commissioners to conduct meetings and business at the county office building complex; to provide conditions for the effectiveness of this Act and 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 board of commissioners of Appling County, approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 2092), is hereby amended by striking from Section 7 thereof the following: Be it further enacted that regular meetings of the Board shall be held at the courthouse of Appling County on the first Tuesday in each month., and inserting in lieu thereof the following: Regular meetings shall be held on the first Tuesday in each month. Regular and special meetings and official and other business of the board may be conducted at the county office building complex located immediately behind the City of Baxley city hall. to that when so amended said Section 7 shall read as follows: Section 7. Regular meetings shall be held on the first Tuesday in each month. Regular and special meetings and official and other business of the board may be conducted at the county office building complex located immediately behind the City of Baxley city hall. Special meetings may be held at the call of the chairman, who

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shall call same upon his own initiative when county matters require, or when requested to do so in writing by any three members of said board. Provided that each member shall be given due notice in writing of such special meeting at least two days before time of such meeting. However, such notice may be waived by all members attending such meeting and assenting thereto, or in event any one or more commissioners assent, their waiver of such notice in writing. Notations of assent and waivers to be spread upon minutes of such meeting. Section 2. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to provide by local law that the board of commissioners of Appling County may conduct official and other business at sites other than the Appling County Courthouse but within the corporate limits of Baxley, Georgia, is ratified at the 1980 general election. If said amendment to the Constitution is so ratified, 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 at a regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Appling County, Approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 2092); and for other purposes. This 4th day of February, 1980. Appling County Board of Commissioners John R. Windham, Clerk

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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 Baxley News Banner which is the official organ of Appling County, on the following dates: February 7, 14, 21, 1980. /s/ Lunsford Moody Representative, 138th District Sworn to and subscribed before me, this 27th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. POLK COUNTY CORONER'S COMPENSATION, DEPUTY CORONER, ETC. No. 1368 (House Bill No. 1904). AN ACT To amend an Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. Laws 1958, p. 2656), as

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amended by an Act approved March 18, 1964 (Ga. Laws 1964, p. 3082), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3198), so as to change the salary of the coroner of Polk County; to authorize the coroner to employ an assistant who shall be paid out of the salary received by 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 Polk County on a salary basis, approved March 17, 1958 (Ga. Laws 1958, p. 2656), as amended by an Act approved March 18, 1964 (Ga. Laws 1964, p. 3082), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3198), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The coroner of Polk County is hereby placed on a salary basis in lieu of a fee basis. He shall be compensated in an amount of $300.00 per month, payable in monthly installments from the funds of Polk County. The coroner is hereby authorized to employ an assistant, who shall be paid out of the salary received by the coroner, to assist him in the performance of the official duties of his office. Said sum shall be in lieu of all fees, costs, percentages, allowances, and any other perquisites of whatever kind as are now or may hereafter be provided by law to be received by the coroner. All fees and any other moneys shall henceforth be collected by the coroner for the benefit of Polk County and shall be the property of Polk County and shall be turned over by the coroner to the fiscal authority of Polk County. The coroner shall, when turning over such funds to the county, accompany same with an itemized statement as to the sources from which such funds were collected. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. L. 1958, p. 2656), as amended by an Act approved March 18, 1964 (Ga. L. 1964 p. 3082), and as further amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3198), so as to change the salary of the coroner of Polk County; to authorize the coroner to employ help to assist him in the performance of his duties; to provide for the payment thereof out of the salary paid to the coroner; and for other purposes. O. Lynn Gammage 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 31, February 5, 12, 1980. /s/ Lynn Gammage Representative, 17th District

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Sworn to and subscribed before me, this 27th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. POLK COUNTY SMALL CLAIMS COURT CREATED. No. 1369 (House Bill No. 1906). AN ACT To create and establish a Small Claims Court in and for Polk 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

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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 Polk 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 Polk 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 Polk 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.

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Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall

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be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (g) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Section 8. (a) The plaintiff, when he files his claim, shall deposit 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. (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.

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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, 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.

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Section 13. The judge of the Superior Court of Polk 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 of Polk 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 Polk County, Georgia, must be filed in said county within five days

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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: Small Claims Court of Polk County

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Section 18. On or before July 1, 1980, the Board of County Commissioners of Polk County shall appoint a duly 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 Polk 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

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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 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 1980 session of the General Assembly of Georgia, a bill creating the Small Claims Court of Polk County; to provide for other matters relating to the Small Claims Court of Polk County, and for other purposes. This 11th day of January, 1980. 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 17, 24, 31, 1980. /s/ Lynn Gammage Representative, 17th District

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Sworn to and subscribed before me, this 27th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. CITY OF ROCKMART CHARTER AMENDED. No. 1370 (House Bill No. 1907). AN ACT To amend an Act reincorporating the City of Rockmart, approved April 8, 1968 (Ga. Laws 1968, p. 3224), as amended, so as to change certain provisions relating to ad valorem taxation, special assessments, and elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Rockmart, approved April 8, 1968 (Ga. Laws 1968, p. 3224), as amended, is hereby amended by striking Section 4.12 and inserting in lieu thereof a new Section 4.12 to read as follows: Section 4.12. Millage Rates, Tax Due Dates, Tax Delinquency Dates, Tax Bills, Interest after Execution. (a) The millage rate, due date, and delinquency date of property taxes shall be set by the Mayor and Council of the City of Rockmart each year within thirty

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(30) days after the Tax Digest, upon which the City's taxes are based, is made available. The City shall send a tax bill to the taxpayers showing the due date, the assessed valuations, the amount of taxes due, and information as to delinquency date(s) and future interest. Failure to send tax bills shall not, however, invalidate any tax. (b) All executions issued for taxes due to the City of Rockmart shall bear interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. On and after the date when such taxes become delinquent, the tax records of the City shall have the force and effect of a judgment of a court of records. Section 2. Said Act is further amended by striking Section 4.15 and inserting in lieu thereof a new Section 4.15 to read as follows: Section 4.15. Special Assessments, Interest after Execution. The City may assess all or part of the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by Ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates, shall thereupon be subject, in addition to fi. fa. charges to interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. A lien shall exist against the abutting properties superior to all other liens, except that it shall be of equal dignity with liens for County and City property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for City property taxes. Section 3. Said Act is further amended by striking in its entirety Section 5.03 and inserting in lieu thereof a new Section 5.03 to read as follows: Section 5.03. Qualification of Candidates, Qualification Fees. (a) Any person desiring to become a candidate in any regular or special election, shall file written notice of his/her candidacy with the City Clerk not less than fifteen (15) days prior to the date fixed for the holding of any such election.

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(b) The Mayor and Council, at least two (2) weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. In no event shall such fee exceed 3 percent (3%) of the income derived from such office by the person holding the office for the preceding year. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Introduction of Local Legislation. Notice is hereby given that there will be introduced at the 1980 Session of the General Assembly of Georgia local legislation to amend the Charter of the City of Rockmart in the following particulars: (1) To amend Section 4.12 of Article IV of the Charter in the Code of Ordinances of the City of Rockmart, Georgia, by deleting both the title and provisions of said Section in their entirety as written and by inserting in lieu thereof the following: Section 4.12 Millage Rates, Tax Due Dates, Tax Delinquency Dates, Tax Bills, Interest after Execution. (a) The millage rate, due date, and delinquency date of property taxes shall be set by the Mayor and Council of the City of Rockmart each year within thirty (30) days after the Tax Digest, upon which the City's taxes are based, is made available. The City shall send a tax bill to the taxpayers showing the due date, the assessed valuations, the amount of taxes due, and information as to delinquency date(s) and future interest. Failure to send tax bills shall not, however, invalidate any tax. (b) All executions issued for taxes due to the City of Rocknart shall bear interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. On and after

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the date when such taxes become delinquent, the tax records of the City shall have the force and effect of a judgment of a court of records. (2) To amend Section 4.15 of Article IV of the Charter of the Code of Ordinances of the City of Rockmart, Georgia, by deleting both the title and the provisions of said Section in their entirety as written and by inserting in lieu thereof the following: Section 4.15 Special Assessments, Interest after Execution. The City may assess all or part of the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curving, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by Ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates, shall thereupon be subject, in addition to fi fa charges to interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. A lien shall exist against the abutting properties 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. (3) To amend Section 5.03 of Article V of the Charter of the Code of Ordinances of the City of Rockmart, Georgia, by deleting both the title and the provisions of said Section in their entirety as written and by inserting in lieu thereof the following: Section 5.03 Qualification of Candidates, Qualification Fees. (a) Any person desiring to become a candidate in any regular or special election, shall file written notice of his/her candidacy with the City Clerk not less than fifteen (15) days prior to the date fixed for the holding of any such election. (b) The Mayor and Council, at least two (2) weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. In no event shall such fee exceed 3 percent (3%) of the income derived from such office by the

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person holding the office for the preceding year. Ga. Laws 1978, pp. 1025, 1028; Ga. Code Ann., S34A-904. Except as so amended, all other provisions of Article IV and Article V of the Charter of the Code of Ordinances of the City of Rockmart 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. January 29, 1980. George H. Scott, Mayor City of Rockmart 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 31, February 7, 14, 1980. /s/ Lynn Gammage Representative, 17th District

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Sworn to and subscribed before me, this 28th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 1, 1980. COUNTY BUILDING AUTHORITY ACT FOR CERTAIN COUNTIES (550,000 OR MORE). No. 1373 (House Bill No. 1552). AN ACT To create County Building Authorities in certain counties; to provide a short title for this Act; to provide for the creation of County Building Authorities as instrumentalities of the State, and to provide for powers and composition; to provide for the definition of terms; to provide for additional powers; to provide for the issuance of Revenue Bonds by the Authorities; to provide for the form of such bonds, the negotiability and the exemption from taxation of such bonds; to provide for the use of the bond proceeds; to provide for condition precedent prior to the issuance of such bonds; to provide that such bonds shall be limited obligations; to provide for trust indenture; to provide for sinking funds; to provide for remedies of bond holders; to provide for refunding bonds; to provide for the legality of such bonds as investments; to provide for the exemption of property of the authorities from taxation; to provide for venue and jurisdiction of actions against the authority; To provide for validation of bonds; to provide for revenue and earning of the

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Authorities; to provide for the operation of projects; 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 shall be known as and may be referred to as the County Building Authorities Act, and shall be applicable to all counties of this state having a population of 550,000 or more according to the 1970 U. S. Census or any such future census. Section 2. There is hereby created in each county in which this Act is applicable a body corporate and politic to be known as the County Building Authority of such county which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of the Chairman of the Board of Commissioners, the County Manager, and the Director of Finance of such county or, in the event that such offices shall not exist in such county, the elected official who shall be the sole executive authority or the Chairman of the Board of Commissioners, the nonelected official who shall be the chief administrative officer of such county, and the individual who shall be or perform the functions of the County Treasurer. Immediately upon the passage and approval of this Act, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and shall elect a secretary and treasurer who need not necessarily be a member of the Authority. 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 not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act. Section 3. Definitions As used in this Act the following words and terms shall have the following meanings:

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(a) The word Authority or authority shall mean the County Building Authority, or Authorities created by this Act, even though such word is used in the singular. Said Authority shall be known as the Building Authority of County. (b) County shall mean each county in which a Building Authority is or may be created by this Act. (c) The word project shall be deemed to mean and include one or a combination of two or more of the following: Building and facilities intended for use as offices and related uses, and all structures, electric, gas, steam and water utilities, and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, commission, or agency of the county, the State of Georgia, or any municipal corporation in whole or in part in the county, or any governmental agency operating in the county which the county may be required by law to support financially. (d) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights and easement and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and, for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the 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. (e) Bonds or revenue bonds as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds.

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(f) Any project or combination of projects shall be deemed self-liquidating if, in the judgment of the Authority, the revenues to be derived by the Authority from rentals of said project or projects will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. Section 4. Powers The Authority shall have the powers: (1) To have a seal and alter the same at pleasure; (2) 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; (3) To acquire in its own name by gift or purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, and no property shall be acquired under provisions of this Act upon which any lien or other incumbrance 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 incumbrance; and, if the Authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the State of Georgia, the Governor is hereby authorized to execute for and on behalf of the State a lease upon such lands to the Authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; and, if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority; (4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation;

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(5) 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 resspect to the use of projects which it causes to be erected or acquired, and any and all political subdivisions, municipal corporations, departments, institutions or agencies of the State or any other governmental agency which the County may be required by law to support financially, 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 any such lessee to enter into contracts and lease agreements for the use of any structure, building or facilities or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding 50 years, and any such lessee may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself, as part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority, or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof; (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State; and,

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(10) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. 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 authorized to provide by resolution for the issuance of negotiable revenue bonds, in an amount not to exceed $50,000,000.00 for the purpose of paying all or any part of the cost as herein defined of any one or combination of 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 the lowest obtainable rate, 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. Section 6. 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 principal and interest. Section 7. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority, and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person 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

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office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents or negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 9. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 10. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Section 11. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 12. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

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Section 13. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage, and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 14. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, nor of any political subdivision thereof nor of any municipal corporation thereof, or a pledge of the faith and credit of the State, nor of any political subdivision thereof nor of any municipal corporation thereof, 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 State, nor any political subdivision or municipal corporation thereof, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section: Provided, however, such funds may be received from appropriations or from any other source as hereby declared to be available and may be used by any department, board, commission or agency for the performance of any lease contract entered into by said board. Section 15. 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 rents, revenue 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 the law, including covenants setting forth the duties of the Authority in relation to the acquisition

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of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of 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 indentures may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. The Authority shall, in the resolution providing for 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 17. The revenues, rents, and earnings derived from any particular project or combined project, or any and all funds from any source received by any department, board, commission or agency entering into a lease agreement with the Authority, and pledged and allocated by it to the Authority as security for the performance or any lease or leases, or any and all revenues, rents and earnings received by the Authority, regardless or whether or not such rents, 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

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payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, 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 resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the lessee and, in the pursuit of its remedies as subrogee, may proceed, either at law or in equity, by suit, action,

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mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of any lessee to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of any lessee, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon the property of any lessee: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I(a) [Const. 1945, Section 2-5901(a)] of the Constitution of the State of Georgia, and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 19. The Authority is authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provision of this Act insofar as the same may be applicable. Section 20. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, 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

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are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 21. It is hereby found, determined and declared, that the creation of the Authority, and the carrying out of its corporate purpose, is in all respect for the benefit of the people of this State, and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or any fees, rentals, or other charges, for the use of such buildings, or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Section 22. Any action to protect or enforce any rights under the provisions of this Act shall be brought in the superior court of the 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 23. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law (Chapter 87-8). The petition for validation shall also make party defendant to such action any authority, subdivision, instrumentality, agency, or municipal corporation of the State of Georgia, or any other lessee which has contracted with the County Building Authority for the use of any building, structure or facilities for which bonds have been issued and sought to be validated, and such authority, subdivision, instrumentality or agency 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 determined, and the contract adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation,

Page 4500

shall be final and conclusive with respect to such bonds, and against the Authority issuing the same, and any authority, subdivision, instrumentality, agency, municipal corporation or other lessee contracting with the County Building Authority. Section 24. 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 or of any department, board, commission or agency of the State, or any political subdivision or municipal corporation thereof, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State, any political subdivision or municipal corporation, itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, political subdivisions and municipal corporations thereof, 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 25. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues, rents, and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. Section 26. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 27. The Authority is hereby authorized to fix rentals and other charges, which any department, board, commission, or agency of the State of Georgia, governmental subdivisions or municipal corporations thereof, or other persons, firms, or corporations,

Page 4501

shall pay to the Authority for the use of each project, or part thereof or combination of projects, and to charge and collect the same and to lease and make contracts with any lessee with respect to the use by an institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is used as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The rentals contracted to be paid by the lessees to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the lessees for the payment of which the good faith of the lessees is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State, or any department, agency, or institution, political subdivision or municipal corporation, of the State, to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 28. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under the provisions of this Act, including rules and regulations to insure maximum use or occupancy of each such project.

Page 4502

Section 29. This Act, being for the welfare of the State, the county thereof, and their inhabitants, shall be liberally construed to effect the purposes hereof. Section 30. This Act shall be applicable only in those counties of this State having a population of 550,000 according to the 1970 U. S. Census or any future such census. If any authority created hereby shall issue any revenue bonds, such authority shall continue in existence regardless of the population of the county in which it is located, until such bonds shall be satisfied in full. Section 31. This Act shall become effective when it is approved by the Governor, or otherwise becomes the law. Section 32. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1980. WAYCROSS PUBLIC FACILITIES AUTHORITY ACT. No. 1374 (House Bill No. 1631). AN ACT To create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority; to authorize the authority to acquire, construct, equip, maintain, and operate self-liquidating projects, including buildings and facilities for use by the City of Waycross for its governmental, proprietary, and administrative functions; to authorize the City of Waycross to lease or sell lands and buildings to the authority; to provide for the appointment of the members of the authority; to define certain words and terms; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority and the City of Waycross to enter into contracts and leases pertaining to the use of such facilities, which contracts and

Page 4503

leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Waycross within the meaning of the Constitution of the State of Georgia, Article IX, Section VII, Paragraph I, shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other funds of the authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue-refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this Act; to exempt the property and income of the authority from taxation; to provide for the authority immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall not be subject to levy and sale; to provide that this Act shall be liberally construed; to provide an effective date; to define the scope of the authority's operations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Waycross Public Facilities Authority created. There is hereby created a public body corporate and politic to be known as the Waycross Public Facilities Authority, herein called the authority, which shall be an instrumentality and a public corporation of the State of Georgia, the purposes of which shall be to acquire, construct, and equip self-liquidating projects, including buildings and facilities for use by the City of Waycross for its governmental, proprietary, and administrative functions and the City of Waycross is hereby granted the right and power by proper resolution of its governing body to sell or lease to the authority lands and buildings owned by it. The authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creature of the state, having distinct corporate entity and being exempt from the provisions of Chapter 87-1A,

Page 4504

the Georgia State Financing and Investment Commission Act, codified in Ga. Code Ann., Ch. 87-1A. The authority shall have its principal office in Ware County, and its legal situs or residence for the purpose of this chapter shall be Ware County. Section 2. Membership. The authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the city commission of the City of Waycross. The members of said city commission shall be eligible to be elected to and to serve on the authority. The members of the authority shall hold office for terms of four years and until their successors shall be elected; provided, however, that of the original members elected to the authority, three shall be elected for terms of one year each and two shall be elected for terms of three years. Upon the expiration of each of such initial terms, the successors shall be elected for terms of four years. Any vacancy on the authority shall be filled for the unexpired term by the city commission. Immediately after their election, the members of the authority shall enter upon their duties. The authority shall elect one of its members as chairman and one as vice-chairman. The secretary-treasurer of the authority shall be the city manager of the City of Waycross, who shall not be a member of the authority. Three 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 and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The members of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and shall have perpetual existence. Section 3. Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) The word authority shall mean the Waycross Public Facilities Authority created hereby. (2) The word project shall mean and include real and personal property acquired or held by the authority for one or a

Page 4505

combination of two or more of the following undertakings: buildings and facilities intended for use as a city hall, jail, police department, fire department, administrative offices, governmental offices, proprietary and utility offices, stadia and sports and recreation facilities, parking facilities, and facilities for fairs and exhibitions and all buildings and facilities of every kind and character determined by the authority to be desirable for the efficient operation of any department, board, office, commission, or agency of the City of Waycross in the performance of its governmental, proprietary, and administrative functions. (3) The term cost of project shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (4) The term revenue bonds shall mean revenue bonds issued under the provisions of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this Act. The obligations authorized hereby may be issued by the authority in the manner authorized under the Revenue Bond Law. Section 4. Powers. The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, but without limiting the generality of the foregoing, the power: (1) to sue and be sued; (2) to adopt and alter a corporate seal; (3) to make and execute with public and private persons and corporations contracts, leases, rental agreements, and other

Page 4506

instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, and leasing of its projects for the use of the City of Waycross; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Waycross to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and the City of Waycross may enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the authority; and the sums agreed to be paid under the provisions of such lease contracts or related agreements may be pledged or assigned to secure the payment of revenue bonds issued hereunder; (4) 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 of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of the Special Masters Act of 1957, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor 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 as provided herein upon which any lien or

Page 4507

other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the City of Waycross, the governing authority of the City of Waycross is hereby authorized to convey such lands to the authority for such consideration, not exceeding reasonable value, as may be agreed upon by the authority, as grantee, and by such governing body, on behalf of the City of Waycross, as grantor, taking into consideration the public benefit to be derived from such conveyance; (5) to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) to pledge or assign any revenues, income, rent, charges, and fees received by the authority; (7) to appoint and select, agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the authority or from any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contribution, all of which the authority is hereby authorized to receive, accept, and use and to prescribe rules and regulations for the operation of and to exercise police powers over the project or projects managed or operated by the authority; (9) to accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality of either thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose;

Page 4508

(10) (A) to borrow money for any of its corporate purposes and (B) to issue 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; (11) to exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and (12) pursuant to proper resolution of the authority to issue revenue bonds payable from the rents and revenues of the authority and its projects, to provide funds for carrying out the purposes of the authority, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the authority may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as herein provided, any such bonds of the authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securities Act (Ga. Laws 1958, p. 689), codified in Ga. Code Ann., Section 87-119; and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the authority may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the authority shall be deemed to be a political subdivision of the State of Georgia.

Page 4509

Section 5. Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions thereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or the City of Waycross; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said city to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. However, said municipality may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Article IX, Section VII, Paragraph I; and, when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation. Section 6. Trust agreement. In the discretion of the authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or

Page 4510

trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or 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 securing bonds and debentures of corporations and 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 may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. Section 7. Refunding bonds. The authority is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds. Section 8. Venue of actions, jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the authority brought in the courts of the State of Georgia shall be brought in the Superior Court of Ware County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 9. Revenue bond validation. The petition for validation of all bonds of the authority shall be brought against the authority and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants,

Page 4511

and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Ware County in which court such validation proceedings shall be initiated. Section 10. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected 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 shall be created which will compete with the authority so 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 hereof 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 11. Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the authority: (1) to pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for;

Page 4512

(2) to pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) to comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) to accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; (6) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees. (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project and may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable. (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at

Page 4513

the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees. (f) The authority shall be permitted to assign any rental payable to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 12. Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance

Page 4514

of the bonds or in the trust instrument securing the payment of the same. Section 13. Exemption from taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose and 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 and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by or for the use of the authority. Section 14. Immunity from tort actions. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Section 15. Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process. Section 16. Trust funds. All funds received pursuant to authority hereof, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided herein; and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority. Section 17. Construction. This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.

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Section 18. Effective date. This Act shall be effective on the date on which it is signed by the Governor or on the date on which it becomes law without his signature. Section 19. Scope of operations. The scope of the authority's operation shall be limited to the territory embraced within the corporate limits of the City of Waycross as the same now or may hereafter exist. Section 20. Conveyance of property upon dissolution. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the City of Waycross; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. Section 21. 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 22. Repealer. All laws and parts of law in conflict herewith are hereby repealed. Notice of Intention to Apply For Local Legislation. Notice is hereby given of intention to apply to the regular 1980 session of the General Assembly of Georgia for passage of a local bill to create and establish the Waycross Public Facilities Authority; and for other purposes.

Page 4516

This 18th day of January, 1980. Bryant Clarke Mayor, City of Waycross 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 Waycross Journal Herald which is the official organ of Ware County, on the following dates: January 19, 26, 1980, February 2, 1980. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 5th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 2, 1980.

Page 4517

STATE COURT OF GLYNN COUNTY SALARIES. No. 1375 (House Bill No. 1861). AN ACT To amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. Laws 1943, p. 702), as amended, so as to change provisions relating to compensation of certain officers and personnel of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. Laws 1943, p. 702), as amended, is hereby amended by adding at the end of Section 7 the following: Effective July 1, 1980, the actual salary and the maximum salary of said solicitor shall be increased by seven percent above said amounts., so that when so amended Section 7 shall 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. Effective July 1, 1980, the actual salary and the maximum salary of said solicitor shall be increased by seven percent above said amounts. Section 2 . Said Act is further amended by designating the existing text of subsection (a) of Section 11 as paragraph (1) and adding a new paragraph (2) to read as follows: (2) Effective July 1, 1980, the actual salary and the maximum salary of said clerk and deputy clerks shall be increased by five percent above said amounts., so that when so amended said subsection shall read as follows:

Page 4518

(a) (1) 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. (2) Effective July 1, 1980, the actual salary and the maximum salary of said clerk and deputy clerks shall be increased by five percent above said amounts. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. Laws 1943, p. 702), as amended; to repeal conflicting laws; and for other purposes. This 28th day of January, 1980. James R. Tuten, Jr. Representative, 153rd District Dean Auten Representative, 154th District

Page 4519

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 29, February 5, 12, 1980. /s/ Dean G. Auten Representative, 154th District Sworn to and subscribed before me, this 19th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 2, 1980.

Page 4520

TIFT COUNTY TRADE CENTER AUTHORITY ACT. No. 1376 (House Bill No. 1868). AN ACT To create the Tift County Trade Center Authority and to authorize such Authority to acquire, construct, equip, maintain and operate a Trade Center and the usual facilities related thereto, parking facilities and areas in connection therewith, recreation centers and areas, including but not limited to, gymnasium facilities to be used for athletic, agricultural, cultural and for other purposes, and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities; to acquire the necessary property therefor, both real and personal, and to lease, sell or operate 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 terms of office and compensation; to authorize the Authority to contract with other pertaining to the use of its facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the authority, including but not limited to, earnings derived from contracts, leases, concessions and income from conveyances of real and personal property of the Authority, to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of resolutions and security instruments to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to make the bonds or obligations of the Authority and the interest thereon exempt from taxation; to authorize the issuance of refunding bonds or obligations; to provide that the properties of the Authority shall be exempt from taxation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such on bonds or obligations be validated as provided by law; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this act; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Short Title - This may be cited as the Tift County Trade Center Authority Act. Section 2 . Tift County Trade Center Authority - (a) There is hereby created a body corporate and politic to be known as the Tift County Trade Center Authority, and which shall be deemed to be political subdivision of the State of Georgia and a public corporation and by the name style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of ten (10) members, to be appointed by the City Commission of Tifton and the Board of Commissioners of Tift County, Georgia, for terms as follows: two (2) members shall be appointed for terms of one (1) year; two (2) members shall be appointed for terms of two (2) years; two (2) members shall be appointed for terms of three (3) years; two (2) members shall be appointed for terms of four (4) years; and two (2) members shall be appointed for terms of five (5) years; and thereafter, upon the expiration of such terms, successors shall be appointed for a term of five (5) years. The Board of Commissioners of Tift County, Georgia, shall appoint five (5) members of the Authority whose initial appointment shall be for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, and their successors; and the remaining five (5) members and their successors shall be appointed by the City Commission of Tifton in the same manner as those appointed by the Board of Commissioners of Tift County. All members of the Authority shall be residents of the area governed by the governing body which shall appoint them. (b) Immediately after their appointment, the members of the Authority shall enter upon their duties. They shall elect one of their number as chairman, another as vice chairman, and may also elect a secretary and/or treasurer, who need not necessarily be a member of the Authority. (c) The chairman and vice chairman, secretary and treasurer shall serve for a period of one (1) year and until their successors are appointed and qualified. Six (6) members of the Authority shall constitute a quorum.

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(d) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body which appointed such members shall appoint a person meeting the qualifications set out for membership to serve the remainder of the term of such member. (e) No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. (f) The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution or question. (g) The members of the Authority shall serve without compensation; provided, however, that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3 . Definitions - As used in this Act, the following words or terms shall have the following meanings: (a) The word Authority shall mean the Tift County Trade Center Authority created by this Act. (b) The word Project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of multi-use trade center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal,

Page 4523

and the lease, sale and licensing of any part or all of such facilities, including real and personal property, to any persons, firms or corporations whether public or private 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. The Authority shall have the right to acquire and construct more than one Project and any combination of facilities may be constructed as a separate Project. (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 and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, or 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 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 term Revenue Bonds, Bonds and Obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law of Georgia (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance 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 principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Page 4524

Section 4. Powers - The Authority shall have powers: (a) To have a seal and alter the same at its pleasure; (b) To accept gifts, grants and donations; (c) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of, real and personal property, of every kind and character for its corporate purposes; (d) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the name so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and on behalf of the State, title to such lands to the Authority upon payment of the director, fiscal division, Department of Administrative Services for the credit of the general fund of the State, the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority; (e) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

Page 4525

(f) To make contracts and leases, and to execute all instruments necessary or convenient, with any and all persons, firms and corporations and any city, town, municipality, consolidated government, county or other political subdivision, or departments, institutions or agencies of this State including contracts for construction of any Project and leasing of any Project and contracts with respect to the use and management of any Project; and any and all persons, firms and corporations and any city, town, municipality, consolidated government, county or other political subdivision, department, institution or agency of this State is hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and any such Project shall be for the development and promotion in this State of the cultural growth, public welfare, education and recreation of the people of this State and accordingly all such Projects shall, and hereby are declared to be, public buildings to be used for public purposes; and without limiting the generality of the foregoing, authority, right and power is hereby specifically granted to any such city, town, municipality, county or consolidated government to enter into and make contracts, lease agreements and other undertakings with the Authority with respect to the furnishing of services and facilities by the Authority and for the payments of rents, fees and charges for the use by such cities, towns, municipalities or consolidated governments or the residents thereof of any Project; and the rentals contracted to be paid by the lessees or tenants to the Authority under any such contracts or leases entered into pursuant to the provisions of this Act shall constitute general obligations of any such city, town, municipality, county or consolidated government for the payment of which the full faith and credit of such city, town, municipality, county or consolidated government shall be and the same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract or lease; and any such city, town, municipality, county or consolidated government which shall have entered into such a contract or lease pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract or lease include in a general revenue or appropriation measure, within any millage limitations of its power of taxation and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract or lease until all payments required under such contract or lease have been paid in full, and such contract or lease payments shall constitute a first charge on all such sums so

Page 4526

appropriated, and such sums shall be and hereby are unconditionally obligated to the payment of such contracts or leases; provided, however, that such payments shall not impair existing obligations of such city, town, municipality, county or consolidated government. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such city, town, municipality, county or consolidated government are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract or lease. The amount of the appropriation in each fiscal year to meet the obligations of such contract or lease as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract or lease, and such appropriation shall have the same legal status as if the contracting city, town, municipality, county or consolidated government had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made; and any such city, town, municipality, county or consolidated government may obligate itself and its successors under any such contract or lease to use only such structures, buildings or facilities constituting such Project and none other; (g) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (h) To accept loans and/or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (i) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

Page 4527

(j) To establish charges, rates and regulations for users of the facilities and services of the Authority; (k) To do all things which municipalities are empowered to do under the provisions of the Revenue Bond Law of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, subject to any limitations herein contained; and (l) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds - The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times 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 determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds. Section 6. Same; Form Denominations; Registration; Place of Payment - The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

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Section 7. Same; Signatures; Seal - In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary of the Authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8. Same; Negotiability; Exemption from Taxation - All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds 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; Price - The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 10. Same; Proceeds of Bonds - The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the funds, hereinafter provided, for the payment of principal and interest of such bonds.

Page 4529

Section 11. Same; Interim Receipts and Certificates or Temporary Bonds - Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of Lost or Mutilated Bonds - The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Section 13. Conditions Precedent to Issuance; Object of Issuance - Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 14. Credit Not Pledged - Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or the County of Tift or a pledge of the faith and credit of said State or 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 the said State or County to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 15. Same; Trust Indenture as Security - In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be 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

Page 4530

remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; To Whom Proceeds of Bonds Shall Be Paid - The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person, who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; Sinking Funds - The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance

Page 4531

of the bonds or in the trust instrument may provide, and such funds so pledged, for 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 (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; Remedies of Bondholders - Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished. Section 19. Same; Refunding Bonds - The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such funding

Page 4532

or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; Exemption from Taxation; Covenant of State - It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. The Authority shall be exempt from sale and use taxes on sales to the Authority when paid for directly by the Authority. Section 21. Same; Venue and Jurisdiction - Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Tift 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 22. Same; Validation - (a) All bonds of the Authority shall be confirmed and validated, in the Tift County Superior Court in accordance with the procedure of the Revenue Bond Law of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8. The petition of validation shall be brought against said Authority and, in the event the payments to be made by any city, town, municipality, county or consolidated government under a contract or lease entered into between the Authority and such political subdivision

Page 4533

are pledged as security for the payment of the revenue bonds sought to be validated, such political subdivision or subdivisions shall also be made parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or lease or contracts or leases and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such subdivision or subdivisions. It shall be incumbent upon such subdivision or subdivisions to defend against adjudication of the validity and binding effect of such contract or lease or contracts or leases or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Tift County in which court such validation proceeding shall be initiated. Any resident of the State of Georgia may intervene in the validation proceedings at or before the time set for the validation hearing and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or lease or contracts or leases on his own behalf and on behalf of all citizens and residents of the State of Georgia. In the event no bill of exceptions shall be filed within twenty days from the date of the judgment of validation, or if filed and the judgment shall be affirmed by the proper appellate court of this State, the judgment of the Tift County Superior Court so confirming and validating the validity and binding effect of such contract or lease or contracts or leases and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts, leases and bonds and the security therefor and upon the issue of the validity and constitutionality of this and any other Act pertaining to such contracts and bonds and the security therefor against the Authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia. (b) Any action or proceeding to contest the validity or binding effect of any such revenue bonds or resolution or trust instrument pertinent thereto or any contracts made for the purposes of providing the payment of such bond as aforesaid must be commenced and filed prior to the conclusion of the validation hearing, notice of which shall have been given as provided by law. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolutions, trust instruments, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolutions, trust instruments, or contracts

Page 4534

be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the conclusion of such validation hearing. Section 23. Same; Interest on Bondholders Protected - While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of 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 24. Purpose of the Authority - Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating one or more Projects consisting of multi-use trade center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases or otherwise, parking facilities or parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings; the extension and improvements 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.

Page 4535

Section 25. Rates, Charges and Revenues; Use - The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and 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, is authorized 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 thereto, thereafter made or the sale of any of its lands and facilities. Section 26. 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. Section 27. Tort Immunity - The Authority shall have the same immunity and exemption from liability for torts and negligence as Tift 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 Tift County when in the performance of their public duties or work. Section 28. Powers Declared Supplemental and Additional - The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing. Section 29. Liberal Construction of Act - This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.

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Section 30. Severability - In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 31. Effective Date - This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 32. Repealer - All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. There will be introduced in the 1980 session of the General Assembly of Georgia a bill to create the Tift County Trade Center Authority; to provide the powers and duties of such Authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the Authority to own, operate, maintain, sell and lease property and facilities, to contract, to sue and be sued, to borrow money and pledge its assets; to collect and disburse money; to own own and operate trade facilities, and to do all things necessary or incident thereto; to have all the rights and privileges of corporation generally and to be a body politic; and for other purposes. January 30, 1980. Charles A. Kent Chairman, Board of Commissioners, of Tift County

Page 4537

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 Tifton Gazette which is the official organ of Tift County, on the following dates: February 2, 9, 16, 1980. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 20th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 2, 1980. CITY OF COMMERCE ENCROACHMENTS ON SIDEWALKS. No. 1377 (House Bill No. 1888). AN ACT To amend an Act incorporating the City of Commerce, Georgia, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, so

Page 4538

as to authorize the governing authority of the city to grant to the owners of property abutting sidewalks in the city the right to encroach upon the city's sidewalks for a certain distance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Commerce, Georgia, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, is hereby amended by adding at the end of Section 57 a new paragraph to read as follows: Pursuant to Code Section 69-304, the governing authority of the City of Commerce is hereby authorized to grant to the owners of property abutting sidewalks in the city the right to encroach upon said sidewalks for a distance not to exceed 18 inches., so that when so amended Section 57 shall read as follows: Sec. 57. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority in their discretion to construct sidewalks in said city and to pave the same; to pave sidewalks already constructed; to put down curbing and to otherwise improve the sidewalks now constructed in said city. Pursuant to Code Section 69-304, the governing authority of the City of Commerce is hereby authorized to grant to the owners of property abutting sidewalks in the city the right to encroach upon said sidewalks for a distance not to exceed 18 inches. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4539

Notice of Intention to Introduce Local Legislation. There will be legislation introduced in the 1980 session of the Georgia General Assembly for the purpose of allowing the City of Commerce, Georgia, to grant the authority to erect or maintain a structure or obstruction in a public street. G. R. Waters, Mayor City of Commerce, Georgia Notice of Intention to Introduce Local Legislation. There will be legislation introduced in the 1980 session of the Georgia General Assembly for the purpose of allowing the City of Commerce, Georgia, to grant the authority to erect or maintain a structure or obstruction in a public street. G. R. Waters, Mayor City of Commerce, Georgia Georgia, Jackson County. Personally appeared before me, a notary public, within and for the above State and County, Herman Buffington, who on oath deposes and says that he is the publisher of the Jackson Herald which is the official organ of Jackson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates January 23, 30, February 6, 13, 1980. /s/ Herman Buffington, Publisher

Page 4540

Sworn to and subscribed before me, this 14th day of February, 1980. /s/ L. Eddie Benton, Jr. Notary Public. Approved April 2, 1980. STATE COURT OF POLK COUNTY JUDGE'S COMPENSATION. No. 1378 (House Bill No. 1903). AN ACT To amend an Act establishing the State Court of Polk County, approved November 18, 1901 (Ga. Laws 1901, p. 156), as amended, particularly by an Act approved February 28, 1974 (Ga. Laws 1974, p. 2067), so as to change the compensation 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 establishing the State Court of Polk County, approved November 18, 1901 (Ga. Laws 1901, p. 156), as amended, particularly by an Act approved February 28, 1974 (Ga. Laws 1974, p. 2067), is hereby amended by striking from Section 31 the figure $16,500.00 and inserting in lieu thereof the figure $18,500.00 so that when so amended said section shall read as follows: Section 31. Be it further enacted, that the judge of said court now under appointment shall hold office until the 31st day of December, 1910. The judge of said State Court of Polk County

Page 4541

shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, Statehouse officers and members of the General Assembly, held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of judge or solicitor of the State Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The judge of the State Court of Polk County shall receive a salary of $18,500.00 per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during this term of office. Said judge may hold any Federal, State, county or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said State Court. Section 2. This Act shall become effective on the first 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 1980 session of the General Assembly of Georgia, a bill to change the salary of the Judge of the State Court of Polk County, Georgia; and for other purposes.

Page 4542

This 31st day of January, 1980. 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 5, 12, 19, 1980. /s/ Lynn Gammage Representative, 17th District Sworn to and subscribed before me, this 28th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 2, 1980.

Page 4543

COMPENSATION TO DONALD K. CARTLEDGE. No. 119 (House Resolution No. 152-551). A RESOLUTION Compensating Mr. Donald K. Cartledge; and for other purposes. WHEREAS, on February 14, 1978, Donald L. Deavers, who was under the control of the Youth Development Center, Augusta, Georgia, left the premises and stole the automobile belonging to Mr. Donald K. Cartledge; and WHEREAS, Mr. Deavers wrecked the automobile on Interstate 20 approximately three miles north of North Augusta, South Carolina; and WHEREAS, Mr. Cartledge suffered damages to his automobile in the amount of $1,659.38, and said loss was through no fault or negligence on the part of Mr. Cartledge. 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 $800.00 to Mr. Donald K. Cartledge 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 2, 1980. COMPENSATION TO ROBERT L. BLACKMON. No. 121 (House Resolution No. 204-794). A RESOLUTION Compensating Mr. Robert L. Blackmon; and for other purposes.

Page 4544

WHEREAS, on November 25, 1969, Mr. Robert L. Blackmon was working around the syrup cane mill at Georgia State Prison, Reidsville, Georgia; and WHEREAS, while feeding cane into the mill, the gloves which he was wearing caught in the rollers of the mill and pulled his right hand into the rollers and, as a result, three of his fingers had to be amputated near the knuckles; and WHEREAS, as a result of this incident, Mr. Blackmon sustained personal injury in the amount of $5,000.00; and WHEREAS, the incident occurred through no fault or negligence on the part of Mr. Blackmon, so it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is hereby authorized and directed to pay the sum of $5,000.00 to Mr. Robert L. Blackmon as compensation for his loss. 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 2, 1980. LEON SMITH BRIDGE DESIGNATED. No. 122 (House Resolution No. 297-1009). A RESOLUTION Authorizing and directing the State Department of Transportation to designate a bridge in Thomaston, Georgia, as the Leon Smith Bridge; and for other purposes.

Page 4545

WHEREAS, Mr. Leon Smith of Thomaston, Georgia, passed away on April 1, 1976; and WHEREAS, Mr. Smith was the publisher of the Thomaston Times and The Free Press before his death; and WHEREAS, he was widely known throughout the State and highly respected for his outstanding journalism; and WHEREAS, during his eventful life, he provided an inspiration to his community through his many contributions to the civic, religious, economic and political life of his community and State; and WHEREAS, he was extremely well liked and highly regarded by the residents of Thomaston and Upson County and his contributions to his community will be sorely missed; and WHEREAS, the bridge proposed to be so designated is the Potato Creek Bridge located on U.S. Highway 19 in Thomaston, Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to designate the Potato Creek Bridge located on U.S. Highway 19 in Thomaston, Georgia, as the Leon Smith Bridge. BE IT FURTHER RESOLVED that the State Department of Transportation is hereby authorized and directed to erect an appropriate marker at each end of the bridge in honor of Mr. Leon Smith. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Tom Moreland, Commissioner of the State Department of Transportation; to the Mayor of the City of Thomaston, Georgia; and to the family of Mr. Leon Smith. Approved April 2, 1980.

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COMPENSATION TO MR. AND MRS. CARLOS MASON HEMPERLEY, III. No. 123 (House Resolution No. 431-1103). A RESOLUTION Compensating Mr. and Mrs. Carlos Mason Hemperley III; and for other purposes. WHEREAS, prior to July 3, 1978, a child, Billy Arp, was placed, in anticipation of adoption, in the home of Mr. and Mrs. Carlos Mason Hemperley III, by the Adoption Unit of the Division of Family and Children Services of the Department of Human Resources; and WHEREAS, after the date of the placement and prior to completion of adoption proceedings the Hemperleys were advised that the child's former foster parents were contesting the adoption and seeking custody of the child; and WHEREAS, the Hemperleys were advised by the Georgia Department of Human Resources to retain legal counsel to represent them in any proceedings resulting from the court challenge to the adoption and were assured by the Department of Human Resources that the legal expenses incurred by the Hemperleys would be reimbursed by the state; and WHEREAS, the Hemperleys did retain legal counsel from a list of attorneys furnished to them by the Fulton County Department of Family and Children's Services and incurred expenses for such counsel in the amount of $4,646.00 for the period beginning July 3, 1978, and ending in March 1979; and

Page 4547

WHEREAS, the Hemperleys incurred such expenses based upon the advice of the Department of Human Resources and the department's assurance that the legal expenses would be reimbursed by the state; and WHEREAS, the expenses were incurred without fault or negligence on the part of the Hemperleys, so it is only fitting and proper that they should be reimbursed for their loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is hereby authorized and directed to pay the sum of $4,646.00 to Mr. and Mrs. Carlos Mason Hemperley III 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 2, 1980. COMPENSATION TO NORMA JEAN FLORENCE. No. 124 (House Resolution No. 433-1103). A RESOLUTION Compensating Norma Jean Florence; and for other purposes. WHEREAS, on February 29, 1976, Norma Jean Florence was present in the Department of Labor office building in Atlanta, Georgia; and WHEREAS, there was a water leakage in the men's rest room which had been allowed to continue until there was water covering portions of the hallway; and

Page 4548

WHEREAS, Norma Jean Florence slipped and fell on the wet floor and suffered damages in the amount of $5,024.45 in hospital and medical expenses and in lost wages; and WHEREAS, said accident occurred through no fault or negligence on the part of Norma Jean Florence, and it is only just and proper that she be compensated for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Labor is hereby authorized and directed to pay the sum of $3,659.45 to Norma Jean Florence 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 2, 1980. COMPENSATION TO DONALD R. WISSING. No. 125 (House Resolution No. 438-1103). A RESOLUTION Compensating Mr. Donald R. Wissing; and for other purposes. WHEREAS, on January 30, 1978, Mr. Donald R. Wissing, a student at Kennesaw College, Marietta, Georgia, was using a weight machine with a curl attachment in the weight room of the Department of Physical Education at the college; and WHEREAS, the S hook was not properly seated to the cable and, when tension was applied, the hook came off and struck Mr. Wissing in the mouth; and WHEREAS, Mr. Wissing suffered damages to his teeth and medical services totaling $18,000.00; and

Page 4549

WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Wissing, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $3,000.00 to Mr. Donald R. Wissing as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said board. Approved April 2, 1980. COMPENSATION TO JOHNNY E. SIMMONS. No. 126 (House Resolution No. 448-1145). A RESOLUTION Compensating Mr. Johnny E. Simmons; and for other purposes. WHEREAS, on May 11, 1977, a trooper of the Georgia State Patrol was called to the scene of a hit-and-run accident on East Reed Road off Georgia Highway 336 in Hall County; and WHEREAS, the trooper, after investigation and the receipt of an anonymous tip, determined that the vehicle involved in the accident was a certain 1969 Ford pickup truck which was found in a trailer park located off Georgia Highway 53 South in Hall County; and WHEREAS, after locating the truck and upon the direction of his superior, the trooper requested the Hall County Sheriff's Department to dispatch a list wrecker to impound the truck; and WHEREAS, Mr. Johnny E. Simmons was dispatched to tow the truck and was directed to return it to his wrecker lot and to hold it there until released by the trooper; and

Page 4550

WHEREAS, on several occasions thereafter, the owner of the truck requested Mr. Simmons to release the truck, which request was refused because the release was not authorized by the Georgia State Patrol and because the owner refused to pay the towing and storage charges; and WHEREAS, although Mr. Simmons later released the truck upon the advice of his attorney, he was sued by the owner who obtained a judgment against him in the amount of $960.00; and WHEREAS, together with other costs, Mr. Simmons suffered a loss of $1,306.50 in the matter through no negligence on his part and acting at the direction of the Georgia State Patrol; and WHEREAS, it is only fitting and proper that Mr. Simmons be compensated for his loss. 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 $1,306.50 to Mr. Johnny E. Simmons, as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1980. COMPENSATION TO MRS. MARI PARKER HEALEY. No. 127 (House Resolution No. 454-1145). A RESOLUTION Compensating Mrs. Mari Parker Healey; and for other purposes. WHEREAS, on June 14, 1978, Mrs. Mari Parker Healey was traveling on State Road 27, four miles west of the City of Lumpkin,

Page 4551

when she was stopped by a flagman working with a State Department of Transportation work crew; and WHEREAS, while Mrs. Healey was so stopped, a state gravel truck passed her at approximately 40 miles per hour and spilled rock gravel onto her automobile; and WHEREAS, the gravel so spilled broke the windshield and damaged the paint of Mrs. Healey's automobile; and WHEREAS, the accident occurred through no fault or negligence on the part of Mrs. Healey, 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 Department of Transportation is hereby authorized and directed to pay the sum of $150.00 to Mrs. Mari Parker Healey as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1980. COMPENSATION TO JERRY CROUCH. No. 128 (House Resolution No. 462-1200). A RESOLUTION Compensating Mr. Jerry Crouch; and for other purposes. WHEREAS, on April 15, 1978, Mr. Jerry Crouch was driving his motor vehicle on Interstate 75 near the 319 and 1/2 mile marker just north of Exit 132 in Gordon County; and

Page 4552

WHEREAS, Mr. Crouch's motor vehicle ran over a loose piece of road installation which had been installed that day, causing the destruction of his trailer and resulting in a loss of $664.06 for the trailer and an additional $151.53 for wrecker service and towing; and WHEREAS, after deduction for insurance, Mr. Crouch suffered a personal loss in the amount of $640.59; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Crouch, 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 $640.59 to Mr. Jerry Crouch 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 2, 1980. COMPENSATION TO ALLEN D. KING. No. 129 (House Resolution No. 479-1260). A RESOLUTION Compensating Mr. Allen D. King; and for other purposes. WHEREAS, on June 23, 1976, Mr. Allen D. King was returning to Atlanta from Statesboro where he had been acting as a field agent for the Georgia Department of Labor in an evaluation of the CETA Public Service Employment Program; and

Page 4553

WHEREAS, after leaving Statesboro, and while traveling westward on State Road 46, Mr. King encountered a tremendous rainstorm which immediately reduced his highway visibility to zero; and WHEREAS, as a result of the rainstorm Mr. King lost control of his automobile, veered into the eastbound lane of the highway, and struck another automobile; and WHEREAS, as a result of the accident Mr. King was hospitalized, his automobile was totally destroyed, and he was sued by the driver of, and a passenger in, the automobile struck by his automobile; and WHEREAS, as a result of the suit a judgment was entered against Mr. King in the amount of $35,000.00; and WHEREAS, in the light of the amount of the judgment, together with court costs and attorney's fees, Mr. King suffered an out-of-pocket loss in the amount of $16,524.00; and WHEREAS, Mr. King additionally lost valuable time on the job and suffered physical pain and deep emotional anguish as a result of the accident; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. King while he was serving as an agent of the Georgia Department of Labor, so it is only fitting and proper that he should be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Labor is hereby authorized and directed to pay the sum of $16,524.00 to Mr. Allen D. King 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 2, 1980.

Page 4554

COMPENSATION TO MS. TERESA M. CALLAWAY. No. 130 (House Resolution No. 485-1270). A RESOLUTION Compensating Ms. Teresa M. Callaway; and for other purposes. WHEREAS, on May 10, 1979, Ms. Teresa M. Callaway was driving her Datsun automobile on State Road 219 between State Roads 18 and 116 in Harris County; and WHEREAS, the Georgia Department of Transportation was engaged along that section of highway in a chip seal resurfacing operation; and WHEREAS, the rocks and chips used in the resurfacing operation were not solidly bonded to the road surface and an oncoming automobile threw stones into Ms. Callaway's windshield causing damage severe enough to require replacement of the windshield; and WHEREAS, again on May 11, 1979, Ms. Callaway's Sunbird automobile was similarly damaged causing replacement of the windshield; and WHEREAS, although most of the damage was covered by insurance, Ms. Callaway suffered a personal out-of-pocket loss of $100.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Callaway and 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 Georgia Department of Transportation is hereby authorized and directed to pay the sum of $100.00 to Ms. Teresa M. Callaway as compensation as provided

Page 4555

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 2, 1980. COMPENSATION TO MS. M. KATHY EASTERLING. No. 131 (House Resolution No. 493-1291). A RESOLUTION Compensating Ms. M. Kathy Easterling; and for other purposes. WHEREAS, Ms. M. Kathy Easterling was an employee of Georgia State University during June and July of 1978; and WHEREAS, while employed at this time, Ms. Easterling was parking her automobile in a covered lot known as E Lot, located between Sparks Hall and the Pullen Library on the campus of Georgia State University; and WHEREAS, during this period water seeped through the overhead cover of E Lot on to the top of Ms. Easterling's automobile, a 1976 Oldsmobile Cutlass with a Landau roof; and WHEREAS, as a result of this leakage the roof of Ms. Easterling's automobile was stained and damaged and had to be replaced at a cost of $168.75; and WHEREAS, the damage occurred through no fault or negligence on the part of Ms. Easterling, so it is only fitting and proper that she be compensated for this damage. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the

Page 4556

sum of $168.75 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 2, 1980. COMPENSATION TO MRS. MARGARET B. HAMRICK. No. 134 (House Resolution No. 508-1317). A RESOLUTION Compensating Mrs. Margaret B. Hamrick; repealing a specific resolution; 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 WHEREAS, during its regular session held in 1979, the General Assembly authorized the payment of $4,000.00 to Mrs. Hamrick as compensation for the claim under the impression that Mrs. Hamrick could secure additional relief by pursuing litigation in the matter; and WHEREAS, through consultations with Mrs. Hamrick's attorney and the Office of the Attorney General, it has since become apparent that Mrs. Hamrick may not sue the state in pursuance of her claim; and

Page 4557

WHEREAS, the check issued to Mrs. Hamrick pursuant to the authority granted by the General Assembly in 1979 has been returned to the state uncashed; and WHEREAS, it is only fitting and proper that Mrs. Hamrick be fully 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 $6,000.00 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. BE IT FURTHER RESOLVED that a Resolution compensating Mrs. Margaret B. Hamrick, approved April 19, 1979 (Ga. Laws 1979, p. 4695), is hereby repealed in its entirety. Approved April 2, 1980. COMPENSATION TO RICHARD ALLEN TODD. No. 135 (House Resolution No. 509-1319). A RESOLUTION Compensating Mr. Richard Allen Todd; and for other purposes. WHEREAS, on July 21, 1979, Mr. Richard Allen Todd was driving his 1979 Ford pickup truck on Highway 54 in Clayton County; and WHEREAS, during a heavy rainstorm, he struck a metal pole used for marking the highway which was sticking out in the right, southbound lane; and

Page 4558

WHEREAS, the windshield and cab of Mr. Todd's truck were damaged in the amount of $366.71; and WHEREAS, the incident occurred through no fault or negligence on the part of Mr. Todd, so it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $200.00 to Mr. Richard Allen Todd 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 2, 1980. COMPENSATION TO TOM W. THOMAS, JR. No. 137 (House Resolution No. 545-1416). A RESOLUTION Compensating Mr. Tom W. Thomas, Jr.; and for other purposes. WHEREAS, between the hours of 5:00 P.M. on Friday, February 9, 1979, and 7:00 A.M. on Monday, February 12, 1979, the Department of Transportation's maintenance shop in Glennville, Georgia, was broken into; and WHEREAS, numerous personal tools and equipment belonging to Mr. Tom W. Thomas, Jr. were stolen; and WHEREAS, Mr. Tom W. Thomas, Jr. has suffered a pecuniary loss in the amount of $1,835.36; and

Page 4559

WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Tom W. Thomas, Jr.. 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 $1,835.36 to Mr. Tom W. Thomas, Jr. as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 2, 1980. COMPENSATION TO CARL E. SHOEMAKER. No. 138 (House Resolution No. 546-1416). A RESOLUTION Compensating Mr. Carl E. Shoemaker; and for other purposes. WHEREAS, between the hours of 5:00 P.M. on Friday, February 9, 1979, and 7:00 A.M. on Monday, February 12, 1979, the Department of Transportation's maintenance shop in Glennville, Georgia, was broken into; and WHEREAS, numerous personal tools and equipment belonging to Mr. Carl E. Shoemaker were stolen; and WHEREAS, Mr. Carl E. Shoemaker has suffered a pecuniary loss in the amount of $2,107.00; and WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Carl E. Shoemaker. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation

Page 4560

is hereby authorized and directed to pay the sum of $2,107.00 to Mr. Carl E. Shoemaker 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 2, 1980. COMPENSATION TO BEN FOREST. No. 139 (House Resolution No. 547-1416). A RESOLUTION Compensating Mr. Ben Forest; and for other purposes. WHEREAS, between the hours of 5:00 P.M. on Friday, February 9, 1979, and 7:00 A.M. on Monday, February 12, 1979, the Department of Transportation's maintenance shop in Glennville, Georgia, was broken into; and WHEREAS, numerous personal tools and equipment belonging to Mr. Ben Forest were stolen; and WHEREAS, Mr. Ben Forest has suffered a pecuniary loss in the amount of $968.00; and WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Ben Forest. 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 $968.00 to Mr. Ben Forest 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 2, 1980.

Page 4561

ARCHIBALD HOLLAND BRIDGE DESIGNATED. No. 140 (House Resolution No. 564-1512). A RESOLUTION Designating a certain bridge as the Archibald Holland Bridge; and for other purposes. WHEREAS, Mr. Archibald Holland served the citizens of Georgia and Paulding County in an outstanding manner; and WHEREAS, Mr. Holland was a pioneer who moved into Paulding County in 1836 and became a cofounder of the High Shoals School and High Shoals Baptist Church in 1841 and was instrumental in building roads and engaged in other activities beneficial to the public good; and WHEREAS, Mr. Holland was a learned and great citizen of Georgia, the echo of whose footsteps will be of great influence and benefit to his fellow man. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Old High Shoals Road which crosses Raccoon Creek in the third district of the third section of Paulding County, Georgia, is hereby designated the Archibald Holland Bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to Mmes Jeannette Holland Austin and Dorothy Holland Herring who are descendants of Archibald Holland and coauthors of the book on family history entitled: Hollands of Paulding County 1800-1966.

Page 4562

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives shall also transmit a copy of this resolution to Honorable Thomas D. Moreland, commissioner of the Department of Transportation, and to Honorable Henry H. Winn, chairman of the board of commissioners of Paulding County. Approved April 2, 1980. COMPENSATION TO JANICE T. PLUMLEY, ETC. No. 144 (House Resolution No. 590-1600). A RESOLUTION Compensating Janice T. Plumley, individually and as guardian of Rebecca J. Towe, Steven L. Towe, and Phillip A. Towe, children of Jean S. Towe, deceased; and for other purposes. WHEREAS, on September 30, 1978, at approximately 4:30 P.M., Mrs. Jean S. Towe was traveling north on Boardtown Road in Gilmer County, Georgia; and WHEREAS, as she approached a curve to her left, a truck being driven by Mr. Paul Fair, a prisoner assigned to the Gilmer County Public Works Camp by the Department of Offender Rehabilitation, rounded said curve; and WHEREAS, said truck was being driven at a speed too fast for conditions, and the driver thereof lost control of said vehicle causing same to skid across the road and into the vehicle being driven by Mrs. Jean S. Towe; and WHEREAS, Mrs. Jean S. Towe was killed because of said accident; and WHEREAS, the untimely death of Mrs. Jean S. Towe was caused by no fault or negligence on her part and it is only just and proper that her children be compensated for the loss of their mother.

Page 4563

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 $10,000.00 to Janice T. Plumley, individually and as guardian of Rebecca J. Towe, Steven L. Towe, and Phillip A. Towe, children of Jean S. Towe, deceased, 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 2, 1980. COMPENSATION TO JAMES C. JORDAN, SR. No. 146 (House Resolution No. 626-1623). A RESOLUTION Compensating Mr. James C. Jordan, Sr.; and for other purposes. WHEREAS, on August 14, 1978, Mr. James C. Jordan, Sr., was traveling east on Highway 116 near Hamilton, Georgia; and WHEREAS, at that time a gravel truck belonging to the Department of Transportation and driven by department personnel pulled out of a driveway located at the Highway Barn and proceeded west on Highway 116; and WHEREAS, at that time a piece of gravel fell from said truck and struck the windshield of Mr. Jordan's automobile, resulting in a crack in the windshield; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Jordan and it is only fitting and proper that he be compensated for the damage to his property in the amount of $173.78.

Page 4564

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 $173.78 to Mr. James C. Jordan, 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 2, 1980. PAT E. COLWELL ROAD DESIGNATED. No. 151 (House Resolution No. 753-1776). A RESOLUTION Designating a road in Union County as the Pat E. Colwell Road; and for other purposes. WHEREAS, Mr. Pat E. Colwell was a lifelong resident of Union County, having been born there on July 16, 1895; and WHEREAS, Mr. Colwell was one of the best known and most respected members of his community until his passing in 1958; and WHEREAS, Mr. Colwell worked for the Georgia State Highway Department for many years until his retirement; and WHEREAS, Mr. Colwell was the father of our distinguished colleague from the 4th District, Honorable Carlton Colwell. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the road in Union County running West from U.S. Highway 129, at a point approximately two miles North of Blairsville, to its intersection with Georgia Highway 325 is hereby designated the Pat E. Colwell Road.

Page 4565

BE IT FURTHER RESOLVED that the governing authority of Union County is hereby authorized and directed to place appropriate signs on the road hereinabove described designating it as the Pat E. Colwell Road. Approved April 2, 1980. COLQUITT COUNTY ALLOCATION OF PROCEEDS OF LOCAL SALES AND USE TAX. No. 1397 (House Bill No. 1882). AN ACT To allocate the proceeds of local sales and use taxes within Colquitt County to the Colquitt County School System; to adjust the ad valorem tax mill rate limitation applicable to the Colquitt County School System; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for automatic repeal of the provisions of the Act under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Except for the percentage allowance provided for in paragraph (1) of Code Section 91A-4608, the proceeds of any local sales and use tax levied within Colquitt County pursuant to Code Chapter 91A-46 are hereby allocated to the Colquitt County School System for the purposes of the system. The provisions of this section shall apply notwithstanding any agreement to the contrary entered into pursuant to the provisions of Code Chapter 91A-46 between the governing authority of Colquitt County and the governing authority of any one or more municipalities within Colquitt County. Section 2. As a condition upon receipt of proceeds of the local sales and use tax as provided in this Act, the Colquitt County School System shall comply with the provisions of Code Section 91A-4610 as if it were a county or municipality receiving proceeds of the tax.

Page 4566

Section 3 . The mill rate limitation on the rate of ad valorem taxes levied for purposes of the Colquitt County School System, which is contained in Article VIII, Section VII, Paragraph I of the Constitution, is reduced for each taxable year beginning on or after January 1, 1981, by a mill rate which, if levied against the non-exempt tangible property within the Colquitt County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by the school system in the immediately preceding taxable year. Section 4 . This Act shall become effective January 1, 1981, but only if an amendment to the Constitution is approved at the general election held in November, 1980, so as to authorize the General Assembly to allocate the proceeds of local sales and use taxes within Colquitt County to the Colquitt County School System. Section 5 . In the event an amendment to the Constitution as provided in Section 4 is not approved at the general election held in November, 1980, the provisions of this Act shall be null and void. 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 1980 session of the General Assembly of Georgia a bill to allocate the proceeds of local sales and use taxes levied in Colquitt County to the Colquitt County School System; and for other purposes. Hugh Matthews Georgia, Fulton County.

Page 4567

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Matthews who, on oath, deposes and says that he/she is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer which is the official organ of Colquitt County, on the following dates: February 7, 14, 21, 1980. /s/ Hugh Matthews Representative, 145th District Sworn to and subscribed before me, this 26th day of February, 1980. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 8, 1980.

Page 4569

ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

Page 4570

CAMDEN COUNTYCOUNTY ADMINISTRATOR. AN AMENDMENT TO THE CAMDEN COUNTY CHARTER, GEORGIA LAWS 1941, PAGE 800, ET SEQ. Be it enacted by the Board of Commissioners of Camden County, acting under the powers granted them by the Home Rule Provision of the Georgia Constitution, Chapter 2-59, Georgia Code Annotated, that the following language is hereby added to and made a part of Section 5 of the Camden County Charter, Georgia Laws 1941, Page 800, 802: In lieu of or in addition to electing a Clerk as aforesaid, the Board of Commissioners may hire and enter into a contract of employment with a County Administrator; may fix the salary of such County Administrator; may define the powers and duties of such County Administrator and the obligations of the County towards said Administrator by specifying such powers, duties and obligations in the contract entered into by and between the Board of Commissioners and such County Administrator; and may take any other appropriate action with regard to the contractural employment of such Administrator which is not prohibited by the laws or Constitution of the State of Georgia. Adopted in regular session at the May 1979 and June 1979 meetings of the Camden County Board of Commissioners. I hereby attest to the accuracy and correctness of the foregoing. /s/ Craig Root Administrator Camden County, Georgia June 8, 1979 Notice. Notice is hereby given that the Camden County Commission has made an Amendment to the Camden County Charter, Georgia Laws 1941, page 800, et seq. as follows: Be it enacted by the Board of Commissioners of Camden County, acting under the powers granted from by the Home Rule Provision of

Page 4571

the Georgia Constitution, Chapter 2-59, Georgia Code Annotated, that the following language is hereby added to and made a part of Section 5 of the Camden County Charter, Georgia Laws 1941, Page 800, 802: In lieu of or in addition to electing a Clerk as aforesaid, the Board of Commissioners may hire and enter into a contract of employment with a County Administrator; may fix the salary of such County Administrator; may define the power and duties of such County Administrator and the obligations of the County towards said Administrator by specifying such powers, duties and obligations in the contract entered into by and between the Board of Commissioners and such County Administrator; and may take any other appropriate action with regard to the contractural employment of such Administrator which is not prohibited by the laws or Constitution of the State of Georgia. A copy of the Amendment is on file at the office of the Clerk of Superior Court of Camden County for the purpose of examination and inspection by the public. The attached advertisement has been published once a week for three consecutive weeks in The Southeast Georgian, the legal organ of Camden County, Ga. on the following dates: May 3, May 10, May 17, 1979, which publication was in the 60-day period immediately preceding the final adoption of this provision by the Board of Commissioners. /s/ Allan Lipsett Publisher /s/ Floella Boring Notary Public. My Commission Expires January 2, 1983. Filed in the Office of Secretary of State June 15, 1979.

Page 4572

DeKALB COUNTY EMPLOYEE RETIREMENT. An Ordinance. By the Board of Commissioners of DeKalb County under the home rule provisions for counties of the Constitution of the State of Georgia. To amend the Act, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended by resolution of the Board of Commissioners known as Ga. Laws, 1971, p. 4136, so as to amend said Act to provide that the normal retirement date and delayed retirement date shall be no later than the date the participant attains the age of 70, and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the DeKalb County Pension Board, known as Georgia Laws, 1962, page 3088, as amended by Resolution of the Board of Commissioners, known as Ga. Laws, 1971, page 4136, be and the same is hereby further amended as follows: I. By amending Section 8 of said Act, subsection 1.A.(c), by deleting the language age 65 and substituting in lieu thereof the following, age 70. When so amended, Section 8, 1.A.(c) of said Act shall read as follows: (c) is the date the participant attains age 70. II. By further amending Section 8 of said Act, subsection 2.A, by deleting the language age of 65 whenever it appears, and substituting in lieu thereof the language age of 70. Said Act is further amended by striking the following language in Section 8, subsection 2.A. in its entirety:

Page 4573

except that participants that have reached the age of 65 during the year 1970 may continue in service until February 1, 1971, however, if such participant is considered essential to the operation of the department by the department head, his delayed retirement date may be extended until a suitable replacement is found, but in no event beyond June 30, 1971. When so amended, Section 8, subsection 2.A. of said Act shall read as follows: 2.A. Delayed Retirement Date. At the request of the county, a participant may remain in the active employ of the county beyond his Normal Retirement Date but not beyond the age of 70; provided, however, that nothing in this Act as applies to compulsory retirement at age 70 shall apply to participating elected officials of DeKalb County. The participant shall retire from the employment of the county on the first day of the month coinciding with or next following the end of the last agreed period which date shall be the delayed retirement date. III. All laws or parts of laws in conflict with this ordinance are hereby repealed. IV. Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a Court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. V. This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) or more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official organ of DeKalb County once a week for

Page 4574

three weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. VI. This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 9th day of January, 1979, and again on the 23rd day of January, 1979, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County. VII. A synopsis of this ordinance shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 4th day of January, 1979, the 11th day of January, 1979 and the 18th day of January, 1979, and a copy of this ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire the same. VIII. The provisions of this Ordinance shall become effective on January 1, 1979. Adopted this 23rd day of January, 1979. /s/ Walter B. Russell, Jr. Chairman, Board of Commissioners DeKalb County, Georgia Attest: /s/ Patrick C. Glisson Clerk Approved as to form: /s/ George P. Dillard County Attorney

Page 4575

I, the undersigned, Patrick C. Glisson, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 23rd day of Jan., 1979. And same appears in Minutes of said Board this 9th day of Feb. 1979. /s/ Patrick C. Glisson Clerk, Board of Commissioners DeKalb County, Ga. Public Notice. Pursuant to a Resolution of the Board of Commissioners of DeKalb County, Georgia, adopted at its regular meeting on 26th day of December, 1978, the public is hereby notified that the Chairman of the Board will present to the full Board at its regular meetings on January 9, 1979 and January 23, 1979, a Resolution to amend the Act creating the DeKalb County Pension Board, known as Georgia Laws, 1962, p. 3088, as amended by the Resolution of the Board of Commissioners known as Ga. L. 1971, p. 4136, so as to amend said Act to provide that the normal retirement date and delayed retirement date shall be no later than the date the participant attains the age of 70, and for other purposes. The public is hereby further notified that in order to carry out the provisions of the December 26, 1978 Resolution, it is necessary for the Board of Commissioners to adopt a Resolution at two consecutive meetings held not less than seven nor more than sixty days apart, which Resolution specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Resolution has been filed with the Clerk, DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination

Page 4576

and inspection, and that copies are available from him for interested members of the public. This 26th day of December, 1978. Walter B. Russell, Jr., Chairman Board of Commissioners Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co.-publisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of a true copy of which is hereto annexed, was published in said newspaper in its issue of the 4, 11, 18th day of Jan., 1979. /s/ Gerald W. Crane Co. Co.-Publisher (by) Linda Orr Agent Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me, this 18th day of Jan., 1979. /s/ Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal). Filed in Office of Secretary of State February 16, 1979.

Page 4577

DeKALB COUNTY STRUCTURES UNFIT FOR HUMAN HABITATION. A resolution by the Board of Commissioners of DeKalb County, under the home rule provisions for counties of the Constitution of the State of Georgia, to amend an Act authorizing DeKalb County to require the repairing, closing, or demolition of certain dwellings or structures which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county, known as Ga. Laws 1975, page 3927, so as to change certain provisions concerning a show cause hearing to be held before an officer of said county and the right of appeal of any decision of said officer, and for other purposes. Be it resolved by the Board of Commissioners of DeKalb County, Georgia and it is hereby resolved by authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act authorizing DeKalb County to require the repairing, closing or demolition of certain dwellings or structures intended for human habitation or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of DeKalb County, known as Ga. Laws 1975, page 3927 be and the same is hereby amended as follows: I. By amending Section 3 of said Act by deleting the language an administrative hearing whenever it appears and substituting in lieu thereof the language a hearing; Said section is further amended by deleting the language administrative hearing whenever it appears, and substituting in lieu thereof the language hearing; Said section is further amended by adding the language or board after the language officer whenever it appears; So that Section 3, when so amended, shall read as follows: The governing authority of DeKalb County, Georgia, as presently constituted or as hereinafter constituted, is authorized to pass ordinances

Page 4578

or rules and regulations authorizing the repairing, closing or demolition of above mentioned dwellings or structures at public expense, the cost of which shall constitute a lien upon the property thereof; provided, the land owner refuses to repair same, close same, or demolish same in accordance with the ordinances or rules and regulations of the governing authority; provided, further, that no lien shall be effective unless thirty (30) days prior to the assessment thereof, the land owner and any person or corporation having an interest in said property has been given thirty (30) days written notice of any action contemplated or authorized by this section. The notice shall state the date, time and place wherein there shall occur a hearing before an officer or board of said county, which officer or board may be appointed by any ordinance or rule or regulation passed by the governing authority of DeKalb County. Said notice shall require the land owner or any person or corporation having an interest in the property concerned to show cause why said dwelling or structure should not be repaired, closed or demolished at public expense. For the purpose of this section, said notice shall be reasonable if given in writing as aforementioned, and posted through the United States Mail, certified, with return receipt requested, addressed to the owner of said property as shown on the tax records of the County. In addition, said property shall be posted by a sign, which sign shall give the date, time and place of the hearing referred to herein, and said sign shall be posted conspicuously upon the property and shall be placed thereon thirty (30) days prior to the date, time and place of said hearing. In addition to the foregoing, the governing authority of DeKalb County, Georgia, is authorized to promulgate and pass those ordinances, rules and regulations pursuant hereto necessary to protect the interests of the property owner, and others, in order to insure that such hearing is conducted pursuant to the principles of due process of law. Where not otherwise provided by county ordinance, rule, or regulation such notice and hearing shall conform substantially with the Georgia Administrative Procedure Act. II. By amending Section 4 of said Act by adding the language or board after the language official and after the language officer wherever it appears so that Section 4, when so amended, will read as follows: The governing authority of DeKalb County, Georgia, is authorized to pass ordinances, rules and regulations granting to the county

Page 4579

official or board charged with the duty of conducting the hearing referred to in Section 3 above, the authority to order the land owner or any person or corporation to repair, close, or demolish the dwellings or structures referred to in Section 1 and 2 above; provided, said order is coupled with a finding of fact that said dwellings or structures are unfit for human habitation, or imperil the health, safety and welfare of the citizens of DeKalb County. Said finding of fact shall be coupled with a brief explanation sufficient to inform the land owner or any person or corporation why said dwelling or structure is deemed to be unfit for human habitation or imperil the health, safety and welfare of the citizens of DeKalb County, Georgia. In no event shall the governing authority of DeKalb County, Georgia, authorize the repairing, closing or demolition of any dwellings or structures herein referred to at public expense until there has elapsed thirty (30) days from the date said land owner, or others, have received the finding of fact of the county's designated hearing officer or board, and the order commanding the land owner and others to repair, close or demolish the dwellings or structures concerned, but in no event shall the time be less than six (6) months from the date said order is transmitted to the land owner or other parties herein referred to above as having an interest in said property. III. By further amending said Act by deleting Sections 5 and 6 in their entirety and by substituting the following language in lieu of Section 5: Every order or decision of said officer or board of DeKalb County, issued pursuant to the authority contained in Sections 3 and 4 of this Act, shall be subject to writ of certiorari issued from the superior court upon the same terms such writs are issued in any case and said order or decision may be appealed by DeKalb County or by any person or persons aggrieved by same. IV. All laws or parts of laws in conflict with this Resolution are hereby repealed.

Page 4580

V. Should any part, portion or paragraph of this Resolution be declared unconstitutional or void by a Court of competent jurisdiction, such declaration shall not effect the remaining portions of this Resolution not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. VI. This Resolution shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) or more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official organ of DeKalb County once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. VII. This Resolution shall be first presented to the Board of Commissioners of DeKalb County on the 26th day of June, 1979, and again on the 10th day of July, 1979, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County. VIII. A synopsis of this Resolution shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 21st day of June, 1979, the 28th day of June, 1979, and the 5th day of July, 1979, and a copy of this Resolution shall be filed with the Clerk of DeKalb County Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire the same.

Page 4581

Adopted this 10th day of July, 1979. /s/ Walter B. Russell, Jr. Chairman, DeKalb County Board of Commissioners Attest: /s/ Patrick C. Glisson Clerk, DeKalb County Board of Commissioners Approved As To Form: /s/ George P. Dillard County Attorney I, the undersigned, Patrick C. Glisson, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 10th day of July, 1979. And same appears in Minutes of said Board this 19th day of July, 1979. /s/ Patrick C. Glisson Clerk, Board of Commissioners DeKalb County, Ga. Notice to the Public. The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia will present to the full Board at its regular meetings on June 26, 1979, and July 10, 1979, a Resolution to amend the Act authorizing DeKalb County to require the repairing, closing or demolition of certain buildings or structures intended for human habitation or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said County, known as Ga. Laws 1975,

Page 4582

page 3927, so as to change certain provisions concerning a show cause hearing to be held before an officer of said county and the right of appeal of any decision of said officer, and for other purposes. The public is further notified that in order to carry out the provisions of said Resolution, it is necessary for the Board of Commissioners to adopt a Resolution at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which Resolution specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Resolution has been filed with the Clerk, DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia, for examination and inspection and that copies are available from him for interested members of the public. This 18th day of June, 1979. Walter B. Russell, Jr., Chairman Board of Commissioners Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public NoticeHome Rule Provisions, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 21, 28, 5th day of June, July, 1979. /s/ Gerald W. Crane, Co-publisher /s/ Linda L. Orr, Agent

Page 4583

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 5th day of July, 1979. /s/ Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (SEAL) Filed in Office of Secretary of State July 26, 1979. FLOYD COUNTYBOARD OF COMMISSIONERS MERIT SYSTEM ACT AMENDED. An Ordinance of the Board of Commissioners of Floyd County, Georgia to amend an Act entitled Floyd County Merit System Act approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513), to change the composition of the Floyd County Merit System Board from three members to five members, to change the qualifications of said members and the per diem to be paid to said members, and to provide that the Director of the Floyd County Merit System Board and all persons working for said Board shall be subject to the protection and provisions of the Floyd County Merit System Act, to repeal conflicting laws, and for other purposes. Be It Ordained by the Board of Commissioners of Floyd County, Georgia, and it is hereby ordained by the authority of the same as follows: An Act establishing a Merit System for the Government of Floyd County, Georgia, approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) be, and the same is, hereby amended by deleting Section 3 thereof in its entirety and adding a new Section 3 as follows: Section 3. (a) There is hereby created and established the Floyd County Merit System Board which shall consist of five (5) members

Page 4584

who have been residents of Floyd County for two (2) years or more prior to their becoming a member of the Floyd County Merit System Board. With the exception of Position #1, no member of the Floyd County Merit System Board shall have been an officer of a political party during the twelve (12) months immediately preceding his becoming a member, nor shall any member of the Board hold political or party office during his term on the Board. Further, with the exception of Position #2, no member of the Floyd County Merit System Board shall have been an employee of Floyd County during the twelve (12) months immediately preceding his becoming a member, and with the exception of Position#1, no member of the Floyd County Merit System Board shall have been an elected public official in Floyd County during the twelve (12) months immediately preceding his becoming a member. All members of the Floyd County Merit System Board must be residents of Floyd County, Georgia in order to serve as a member of said Merit Board. No member shall serve more than two (2) consecutive terms. (b) Each of the five (5) members of the Floyd County Merit System Board shall occupy one of five (5) positions as follows: Position #1: Within thirty (30) days after the effective date of this amendment, the governing authority of the County shall appoint a member of the Board of Commissioners of Floyd County, Georgia to serve as a member of said Merit Board. This member shall serve at the pleasure of the governing authority of the County and may be removed and replaced by the governing authority with or without cause. Position #1 shall be occupied at all times only by a member of the governing authority of the County. Position #2: Within thirty (30) days after the effective date of this amendment, the employees subject to the provisions of this Act, by secret ballot, shall elect a member of said Merit Board to fill Position #2. The person so elected must be an employee of Floyd County subject to the provisions of this Act, and must continue to be an employee of Floyd County subject to the provisions of this Act as long as he is a member of the Board. The initial term of office for Position #2 shall expire on

Page 4585

June 30, 1981. Within thirty (30) days of the expiration of the term for the member occupying Position #2, the new member of said Merit Board to occupy Position #2, shall be elected by the same method. All elections shall be certified by the Senior Superior Court Judge of the Rome Judicial Circuit and entered upon the minutes of the governing authority of said county. Each term of a member serving in Position #2 after the initial term, shall be for a period of three (3) years. Any vacancy occurring in Position #2 shall be filled by the same method of election specified herein and within thirty (30) days after vacancy occurs. Position #3: The member of the current Floyd County Merit System Board appointed by the governing authority of the county shall continue to serve in such capacity until June 30, 1983 at which time the initial term of office for Position #3 shall expire. During the year in which the term of the member serving in Position #3 shall expire, the Grand Jury of Floyd County, Georgia, impaneled for the May term of said year, shall appoint a resident of said County as a member of said Merit Board. Each term of a member serving in Position #3 after the initial term shall be for a period of three (3) years. Any vacancy occurring in Position #3 shall be filled by appointment by the Grand Jury serving at the time the vacancy shall occur. Position #4: The member of the current Floyd County Merit System Board selected by the appointee of the governing authority of the county and the member elected by the employees subject to this Act shall continue to serve in such capacity until June 30, 1982, at which time the initial term of office for Position #4 shall expire. Within thirty (30) days of the expiration of the term for the member occupying Position #4, the new member of said Merit Board to occupy Position #4 shall be appointed by a majority vote of the members then occupying Position Nos. 1, 2, 3 and 5. In the event the members occupying Position Nos. 1, 2, 3 and 5 shall not make an appointment to Position #4 by July 1, during the year in which the term for Position #4 shall expire, then the Grand Jury serving at the time the term expires shall make the appointment of the member to Position #4. Each term of a member serving in Position #4 after the initial term shall be for a period of three (3) years. Any vacancy occurring in Position #4

Page 4586

shall be filled by the same method of appointment specified herein and within thirty (30) days after the vacancy occurs. Position #5: The member of the current Floyd County Merit System Board elected by the employees subject to this Act shall continue to serve in such capacity until June 30, 1980, at which time the initial term of office for Position #5 shall expire. Within thirty (30) days of the expiration of the term for the member occupying Position #5, the new member of said Merit Board to occupy Position #5 shall be appointed by a majority vote of the members then occupying Position Nos. 1, 2, 3 and 4. In the event the members occupying Position Nos. 1, 2, 3 and 4 shall not make an appointment to Position #5 by July 1, during the year in which the term for Position #5 shall expire, then the Grand Jury serving at the time the term expires shall make the appointment of the member to Position #5. Each term of a member serving in Position #5 after the initial term shall be for a period of three (3) years. Any vacancy occurring in Position #5 shall be filled by the same method of appointment specified herein and within thirty (30) days after the vacancy occurs. The Floyd County Merit System Board shall consist of five (5) members at all times. No member occupying Position Nos. 2, 3, 4 or 5 may be removed from office prior to the expiration of his term except for cause and after being served with a written copy of the specific charges against him and being given an opportunity for a public hearing before the governing authority of the county. Such hearing shall not be held unless the member has been served personally or by registered or certified mail to his residence as shown in the files of the governing authority at least ten (10) calendar days prior to the date set for the hearing. (c) The five members of the said Merit System Board shall designate one of their number as chairman and another as vice chairman. (d) Members of the said Merit System Board, except the member occupying Position #1, shall be paid the sum of twenty ($20.00) dollars per diem for time actually devoted to the business of the board, not exceeding sixty (60) days in any calendar year.

Page 4587

(e) The Merit System Board shall hold regular meetings at least once each month, and may hold additional meetings as may be required for the proper discharge of its duties. Such meetings shall be held in quarters provided by the governing authority of the county. (f) The governing authority of the county is authorized and directed to provide the necessary office space, equipment, and employees to the Board for the accomplishment of its duties. The Director of the Floyd County Merit System Board and all persons working for said Board, shall be considered to be employees of Floyd County, and shall be subject to the protection and provisions of the Floyd County Merit System Act. This Ordinance is adopted by the Board of Commissioners of Floyd County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia providing for home rule for counties. This Ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia for the purpose of examination and inspection by the public shall have been published in the Rome News Tribune, the official gazette of the County, once a week for three weeks immediately preceding its final adoption, the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Floyd County, Georgia not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia, all in compliance with the provisions of the Constitution of the State of Georgia. All Ordinances or parts thereof in conflict herewith are hereby repealed. This 25th day of September, 1979. Floyd County Board of Commissioners By: James A. Mehaffey Attest: /s/ Cap Hicks Clerk

Page 4588

Georgia, Floyd County. Notice of proposed action to be taken under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia. Notice to The Public. Notice is hereby given that the Floyd County Board of Commissioners proposes to adopt the following Ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia. The Clerk of said Court will furnish anyone upon written request, a copy of said Ordinance. Synopsis of Proposed Amendment Said Resolution and Ordinance will provide an amendment to the Act entitled Floyd County Merit System Act approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) so as to change the composition and qualifications of the members of the Floyd County Merit System Board; to provide for the creation of five (5) positions as follows: Position No. 1 shall be occupied by a member of the Board of Commissioners appointed by the governing authority of the County, said position to be filled at all times by a member of the Board of Commissioners of Floyd County. Position No. 2 shall be occupied by an employee of Floyd County to be elected by secret ballot by employees of Floyd County subject to the provisions of the Floyd County Merit System Act. The term of office for this position shall expire on June 30, 1981, and each new member shall be elected in the same manner to serve for a period of three (3) years. Position No. 3 shall be occupied by the current member of the Floyd County Merit System Board appointed by the governing authority until June 30, 1983. The Grand Jury impaneled for the May term of said year shall appoint a resident of Floyd County to serve as a member of said Merit Board for a period of three (3) years.

Page 4589

Position No. 4 shall be occupied by the current member of the Merit Board selected by the appointee of the governing authority of the county and the member elected by the employees subject to the Floyd County Merit System Act and shall continue to occupy said position until June 30, 1982. Each new member to fill Position No. 4 shall be appointed by a majority vote of the members then occupying Position Nos. 1, 2, 3 and 5 to serve for a period of three (3) years. Position No. 5 shall be occupied by the current member of the Merit Board elected by the employees of Floyd County until June 30, 1980. Each new member to fill Position No. 5 shall be appointed by a majority vote of the members then occupying Position Nos. 1, 2, 3 and 4 to serve for a period of three (3) years. Members of the Merit Board, except the commissioner occupying Position No. 1, shall be paid the sum of twenty ($20.00) dollars per diem for time actually devoted to the business of the Merit Board, not exceeding sixty (60) days in any calendar year. The Director of the Floyd County Merit System Board and persons working for said Merit Board shall be considered to be employees of Floyd County and subject to the provisions and protection of the Floyd County Merit System Act. The Board of Commissioners of Floyd County, Georgia By: Cap Hicks, Clerk Georgia, Floyd County. In person before the undersigned attesting officer appeared the undersigned who on oath says that they are duly authorized representatives of the Rome News Tribune and authorized to make this Affidavit and that the advertisement as per attached clipping has been published in the Rome New Tribune on the following dates: September 6, 13 and 20, 1979. /s/ Leatha M. Davenport

Page 4590

Sworn to and subscribed before me, this 26th day of Sept. 1979. /s/ Jean Mullinax Notary Public. Georgia, Floyd County. I, Cap Hicks, Clerk of the Board of Commissioners of Floyd County, Georgia, certify that the above and foregoing Resolution is a true and correct copy of the Resolution adopted by the Board of Commissioners of Floyd County, Georgia, in a regular session September 25, 1979. /s/ Cap Hicks Clerk of Board of Commissioners of Floyd County, Georgia Sworn to and subscribed before me, this 25th day of Sept. 1979. /s/ Sue Broome Notary Public. Filed in Office of Secretary of State October 10, 1979. RICHMOND COUNTY GRAND JURY SELECTION OF AUDITING FIRM ESTABLISHED; OFFICE OF CLERK ABOLISHED; AND OFFICE OF COUNTY ADMINISTRATOR CREATED. An Ordinance of the Board of Commissioners of Richmond County, Georgia, to amend an Act entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324) as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555); by an Act

Page 4591

approved March 22, 1974 (Ga. L. 1974, p. 3034); and by an Act approved March 28, 1974 (Ga. L. 1974, p. 3562) so as to provide for the audit requirements of Richmond County; to abolish the office of Clerk; to provide for the office of County Administrator; and for other purposes. Be it Ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Act of the General Assembly of Georgia, entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes. approved August 19, 1907 (Ga. L. 1907, p. 324), as amended particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), and by an Act approved March 22, 1974 (Ga. L. 1974, p.3034) is hereby amended by striking Section 3(D) of said Act which reads as follows: Section 3(D). The Grand Jury of the January Term of the Superior Court of Richmond County shall each year submit to the governing authority of Richmond County a list of three certified public accounting firms. The governing authority of Richmond County shall select from among those firms submitted to them an accounting firm which shall perform an audit of all county offices handling public funds of Richmond County. Said audit shall cover the immediately preceding fiscal year. No such firm shall be selected for said audit which has performed such service for three consecutive years., And substituting in lieu thereof a new section, to be known as Section 3(D), to read as follows: Section 3(D). The grand jury of the January term of the Superior Court of Richmond County shall each year submit to the governing authority of Richmond County a list of three certified public accounting firms. The governing authority of Richmond County shall select from among those firms submitted to them an accounting firm which shall perform an audit of all county offices handling public funds of Richmond County. Said audit shall cover the current fiscal year. No such firm shall be selected for said audit which has performed such services for three consecutive years.

Page 4592

Section 2. An Act of the General Assembly of Georgia entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties, and for other purposes. approved August 19, 1971 (Ga. L. 1907, p. 324), as amended particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), and by an act approved March 28, 1974 (Ga. L. 1974, p. 3563) is hereby amended by striking that Section 6 of said Act in its entirety, which reads as follows: Section 6. Said board of commissioners shall have the power and authority to elect a clerk, who shall have an office at the courthouse. Said clerk shall keep minutes of the proceedings of said board and perform such other clerical and administrative work as the board may require. He shall have the authority to administer oaths. Said clerk may also serve at the discretion of the board of commissioners as ex officio purchasing agent for Richmond County and ex officio custodian of the courthouse of Richmond County. Said clerk shall give bond in the sum of ten thousand ($10,000.00) dollars payable to said board, and his successors in office, for the faithful performance of his duties as clerk, ex officio purchasing agent and ex officio custodian of the courthouse. The compensation for said clerk shall be such sum as approved by the board of commissioners., And substituting in lieu thereof a new section, to be designated as Section 6, to read as follows: Section 6. Said Board of Commissioners shall have the power and authority to elect a County Administrator, who shall have an office at the courthouse. The County Administrator shall be responsible to the Board of Commissioners of Richmond County for the proper administration of the affairs of the County. The terms and conditions of employment of the County Administrator, and the duties of the County Administrator shall be as determined by resolution of the Board of Commissioners of Richmond County. Section 3. The office of Clerk of Board of Commissioners of Richmond County, Georgia, is hereby abolished. Section 4. This ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Sec. II of the Constitution of the State of Georgia of 1976, providing for Home Rule for counties.

Page 4593

Section 5. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall become effective on June 1, 1979. Adopted, this 1st day of May, 1979, and this 15th day of May, 1979. /s/ F. A. Albert Chairman, Board of Commissioners of Richmond County, Georgia Attest: /s/ J. Lester Newsome Clerk, Board of Commissioners of Richmond County, Georgia I, the undersigned, J. Lester Newsome, Clerk of the Board of Commissioners of Richmond County, Georgia, do hereby certify tthe foregoing is a true and correct copy of an Ordinance adopted by said Board at two consecutive meetings, held on the following dates, to-wit: May 1, 1979 and May 15, 1979, as the same appear on the minutes of said Board. This 15th day of May, 1979. /s/ J. Lester Newsome Public Notice The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on May 1 and May 15, 1979, an Ordinance to amend the Act creating the Board of Commissioners for Roads and Revenues for the County of Richmond as approved August 19, 1907 (Ga. L. 1907, p. 324), as amended particularly by an Act approved March 14, 1931 (Ga. L. 1931, p. 555); by an Act approved March 22, 1974, (Ga. L. 1974, p. 3034); and by an Act approved March 28, 1974 (Ga. L. 1974, p. 3562)

Page 4594

The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the Authority to amend the original Act having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code. Sec. 2-5901). The public is hereby further notified that said Ordinance provides for the term in which the Grand Jury shall submit a list of three certified public accounting firms to the governing authority of Richmond County to perform an audit of all County offices handling public funds for Richmond County; provides for the office of County Administrator, and abolishes the office of Clerk. The public is further notified that a copy of the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public. This 17th day of April, 1979. Robert C. Daniel, Jr. County Attorney Richmond Count, Georgia April 20, 17, May 4 Georgia, Richmond County. Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is the president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to amend the Act entitled An Act to create a

Page 4595

Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes, was duly published once a week for three weeks, as required by law; Said dates of publication being April 20, 27th and May 4th, 1979. /s/ William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia Sworn to and subscribed before me, this 7th day of May, 1979. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981. Filed in Office of Secretary of State May 21, 1979. RICHMOND COUNTYREPEAL OF ACT PROVIDING FOR TRASH AND REFUSE DEPOSITORIES IN CERTAIN COUNTIES; LANDFILL PROVIDED FOR AND THE AUTHORITY TO DETERMINE AND FIX REASONABLE CHARGES AND FEES FOR THE USE OF THE LANDFILL. An Ordinance of the Board of Commissioners of Richmond County, Georgia to repeal an Act of the General Assembly of Georgia, entitled: Certain counties to provide dumps for trash and refuse approved May 6, 1967, (Ga. Laws, 1967, page 2879), as amended by Act approved March 29, 1971, (Ga. Laws, 1971, page 2263); to provide for a landfill in Richmond County, Georgia, to provide the authority for the Board of Commissioners to determine and fix reasonable charges and fees for the use of the landfill; and for other purposes.

Page 4596

Be it ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Act of the General Assembly of Georgia, Ga. Laws, 1967, page 2879, as amended by Ga. Laws, 1971, page 2263, entitled: Certain counties to provide dumps for trash and refuse, be, and the same is hereby, repealed. Section 2. The Board of Commissioners of Richmond County, Georgia, shall have the authority to operate and provide a landfill for deposit of trash and refuse for the citizens of Richmond County, and to determine and fix reasonable charges and fees for the use of the landfill. Section 3. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Section II of the Constitution of the State of Georgia of 1976, providing for Home Rule for Counties. Section 4. All laws or Ordinances or parts of laws or Ordinances in conflict with this Ordinance are hereby repealed. Section 5. This Ordinance shall become effective on July 1, 1979. Adopted, this 15th day of May, 1979, and this 5th day of June, 1979. /s/ F. A. Albert Chairman, Board of Commissioners of Richmond County, Georgia Attest: /s/ Harry G. Perkins County Administrator, Board of Commissioners of Richmond County, Georgia I, the undersigned, Harry Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby

Page 4597

certify that the foregoing is a true and correct copy of an Ordinance adopted by said Board at two consecutive meetings, held on the following dates, to-wit: May 15, 1979, and June 5, 1979, as the same appear on the minutes of said Board. This 5th day of June, 1979. /s/ Harry G. Perkins Public Notice. The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on May 15, 1979, and June 5, 1979, an Ordinance to repeal an Act providing for dumps for trash and refuse in certain counties, approved April 6, 1967, (Ga. Laws, 1967, page 2879) as amended by Ga. Laws, 1971, page 2263. The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made, and authority to amend the original Act having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code Section 2-5901). The public is further notified that said Ordinance provides for the Board of Commissioners to provide a landfill for the deposit of trash and refuse for the Citizens of Richmond County, and provides that the Board of Commissioners shall have the authority to determine and fix reasonable charges and fees for the use of the landfill. The public is further notified that a copy of the proposed Ordinance is filled with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and

Page 4598

inspection, and copies of the same are available with the Clerk for any member of the public. This 2nd day of May, 1979. Robert C. Daniel, Jr. County Attorney Richmond County, Georgia Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, William S. Morris, III, who, on oath says that he is the President of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to repeal an Act of the General Assembly of Georgia, entitled An Act providing for trash and refuse depositories in certain counties (Ga. L. 1967, p. 2879, as amended by Ga. L. 1971, p. 2263); to provide for a landfill to provide authority for the Board of Commissioners to determine and fix reasonable charges and fees for the use of the landfill, was duly published once a week for three weeks, as required by law; said dates of publication being May 5, 12 and 19, 1979. /s/ William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia Sworn to and subscribed before me, this 30th day of May, 1979. /s/ Marie B. Marriott Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981: Filed in Office of Secretary of State June 8, 1979.

Page 4599

RICHMOND COUNTYPERSONNEL BOARD DUTIES AND FUNCTIONS AMENDED. An Ordinance to amend an Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to provisions of the Constitution of the State of Georgia that provide for Home Rule for Counties, approved and adopted by the Board of Commissioners on the 15th day of February, 1977, and the 1st day of March, 1977 (Ga. L. 1978, p. 4721), so as to define the duties and functions of the Personnel Board of Richmond County; and for other purposes. Be it ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State of Georgia providing for Home Rule for Counties, approved and adopted by the Board of Commissioners on the 15th day of February, 1977, and the 1st day of March, 1977, providing for the establishment of a Personnel Board of Richmond County (Ga. L. 1978, p. 4721) is hereby amended by striking Section 5 (b) of said Ordinance which reads as follows: Section 5(b). To conduct hearings and render decisions on dismissals and purported violations of the rules and regulations in the several departments and offices which have been included in the career or classified service and to hear appeals from any employee who claims to have been improperly dismissed., and substituting in lieu thereof a new section, to be known as Section 5(b) to read as follows: Section 5(b). To conduct hearings and render decisions on dismissals and to hear appeals from any employee who claims to have been improperly dismissed. The Personnel Board shall consider only complaints or grievances of employees as to dismissals. All complaints or grievances of any employees as to demotions, transfers or suspensions shall be considered by the County Administrator, whose decision shall be final.

Page 4600

Section 2. The Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State of Georgia, providing for Home Rule for Counties approved and adopted by the Board of Commissions on the 15th day of February, 1977, and the 1st day of March, 1977, providing for the establishment of a Personnel Board of Richmond County (Ga. L. 1978, p. 4721) is hereby amended by striking the second paragraph of Section 9 of said Ordinance which reads as follows: No employee shall be entitled to any cause of action, complaint or grievance procedure as to dismissal, demotion, transfer or suspension until such employee has been in continuous employment for twelve (12) consecutive months. `Continuous employment' shall mean employment unbroken by discharge or resignation. Re-election or reappointment at the end of the term shall be regarded as continuous employment., and substituting in lieu thereof a new paragraph in Section 9 to read as follows: No employee shall be entitled to any type of action, complaint or grievance procedure as to dismissal until such employee has been in continuous employment for twelve (12) consecutive months. `Continuous employment' shall mean employment unbroken by discharge or resignation. Re-election or reappointment at the end of the term shall be regarded as continuous employment. Section 3. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Sec. II of the Constitution of the State of Georgia of 1976, providing for Home Rule for counties. Section 4. All laws or Ordinances or parts of laws or Ordinances in conflict with this Ordinance are hereby repealed. Section 5. This Ordinance shall become effective on July 1, 1979.

Page 4601

Adopted, this 5th day of June, 1979, and this 19th day of June, 1979. /s/ Frank A. Albert Chairman, Board of Commissioners of Richmond County, Georgia Attest: /s/ Harry G. Perkins County Administrator, Board of Commissioners of Richmond County, Georgia I, the undersigned, Harry G. Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the said Board of Commissioners at two consecutive meetings, held on the following dates, to-wit: June 5, 1979, and June 19, 1979, as the same appear on the minutes of said Board. This 19th day of June, 1979. /s/ Harry G. Perkins Public Notice The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on June 5, 1979, and June 19, 1979, an Ordinance to amend an Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State of Georgia providing for the Home Rule for Counties, approved and adopted by the Board of Commissioners on the 15th day of February, 1977, and the 1st day of March, 1977 (Ga. L. 1978, p. 4721), so as to define the duties and functions of the Personnel Board of Richmond County; and for other purposes.

Page 4602

The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made, and authority to amend the original Ordinance having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code Sec. 2-5901). The public is further notified that said Ordinance provides that the Personnel Board shall consider only complaints or grievances of employees as to dismissals. All complaints or grievances of any employees as to demotions, transfers or suspensions shall be considered by the County Administrator, whose decision shall be final. The public is further notified that a copy of the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public. This 30th day of May, 1979. Robert C. Daniel, Jr. County Attorney Richmond County, Georgia Georgia, Richmond County. Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to amend an Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State of Georgia providing for a Personal Board for Richmond County, Georgia (Ga. L. 1978, p. 4721) so as to define the duties and functions of the Personnel Board;

Page 4603

and for other purposes, was duly published once a week for three weeks, as required by law, said dates of publication being June 2, 9 and 16, 1979. /s/ William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia Sworn to and subscribed before me, this 18th day of June, 1979. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981. Filed in Office of Secretary of State June 22, 1979. RICHMOND COUNTYREPEAL OF THE ACT ESTABLISHING AND CREATING THE OFFICE OF CONSTRUCTION SUPERVISOR AND BUILDING INSPECTOR FOR RICHMOND COUNTY, GEORGIA. An Ordinance of the Board of Commissioners of Richmond County, Georgia, to repeal an act of the General Assembly of Georgia, entitled: Richmond CountyConstruction Supervisor and Building Inspector, approved March 7, 1966 (Ga. L. 1966, p. 3279), and for other purposes. Be it ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Act of the General Assembly of Georgia, (Ga. L. 1966, p. 3279) entitled; Richmond CountyConstruction Supervisor and Building Inspector, be, and the same is hereby repealed. Section 2. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of

Page 4604

Article IX, Section II of the Constitution of the State of Georgia of 1976, providing for Home Rule for Counties. Section 3. All laws or Ordinances or parts of law or Ordinances in conflict with this Ordinance are hereby repealed. Section 4. This Ordinance shall become effective on November 1, 1979. Adopted, this 18th day of September, 1979, and this 2nd day of October, 1979. /s/ F. A. Albert Chairman, Board of Commissioners of Richmond County, Georgia Attest: /s/ Harry G. Perkins County Administrator, Board of Commissioners of Richmond County, Georgia I, the undersigned, Harry Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by said Board at two consecutive meetings, held on the following dates, to-wit: September 18, 1979, and October 2, 1979, as the same appear on the minutes of said Board. This 3rd day of October, 1979. /s/ Harry G. Perkins Public Notice The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on September 18, 1979, and October 2, 1979, an Ordinance to repeal an Act establishing and creating the office of Construction Supervisor and Building Inspector for Richmond County, Georgia, approved March 7, 1966, (Ga. L. 1966, p. 3279).

Page 4605

The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made, and authority to amend the original Act having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code Sec. 2-5901). The public is further notified that a copy of the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public. This 6th day of September, 1979. Robert C. Daniel, Jr. County Attorney Richmond County, Georgia Georgia, Richmond County. Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is the president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to repeal an Act of the General Assembly of Georgia, entitled Richmond CountyConstruction Supervisor and Building Inspector (Ga. L. 1966, p. 3279) was duly published once a week for three weeks, as required by law; said dates of publication being September 10, 17 and 24, 1979. /s/ William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia

Page 4606

Sworn to and subscribed before me, this 26th day of September, 1979. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981. Filed in the Office of Secretary of State October 10, 1979. RICHMOND EMPLOYEES' PENSION FUND ACT AMENDED. An Ordinance to amend the Richmond Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, and Ga. L. 1976, pp. 4500), enacted pursuant to the provisions of the Constitution of the State of Georgia that provide for Home Rule for Counties, so as to provide the maximum amount of monthly retirement benefit increase payable to participants under said Pension Fund due to changes in the current Cost-of-Living Index; to provide an effective date; and for other purposes. Be It Ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Richmond Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, and Ga. L. 1976, pp. 4500) is hereby amended by

Page 4607

striking Section 20(A)(e)(3) in its entirety, as found in Ga. L. 1976, pp. 4500, 4509, which was enacted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia, providing for Home Rule for Counties, approved and adopted by the Board of Commissioners on the 2nd and 16th days of September, 1975, which reads as follows: Section 20(A)(e)(3). Notwithstanding the foregoing provisions of this section, no increase in the amount of the monthly retirement benefit due to changes in the current Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date., and inserting in lieu thereof the following: Section 20(A)(e)(3). Notwithstanding the foregoing provisions of this section, no increase in the amount of the monthly retirement benefit due to changes in the current Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 5% of the amount of the monthly retirement benefit payable immediately prior to such date. Section 2. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Sec. II of the Constitution of the State of Georgia of 1976, providing for Home Rule for Counties. Section 3. All laws or Ordinances or parts of laws or Ordinances in conflict with this Ordinance are hereby repealed. Section 4. This Ordinance shall become effective on January 1, 1980. Adopted, this 13th day of November, 1979, and this 4th day of December, 1979. /s/ Frank A. Albert, Chairman, Board of Commissioners of Richmond County, `Georgia.

Page 4608

Attest: /s/ Harry G. Perkins, County Administrator, Board of Commissioners of Richmond County, Georgia. I, the undersigned, Harry G. Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the said Board of Commissioners at two consecutive meetings, held on the following dates, to-wit: November 13th, 1979, and December 4th, 1979, as the same appear on the minutes of said Board. This 4th day of December, 1979. /s/ Harry G. Perkins Public Notice The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on November 13, 1979, and on December 4, 1979, an Ordinance to amend the Richmond Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, and Ga. L. 1976, pp. 4500), so as to provide the maximum amount of monthly retirement benefit increase payable to participants under said Pension Fund, due to changes in the current Cost-of-Living Index; and for other purpose. The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specially states the changes to be made, and authority to amend the original Ordinance having been granted by Article IX, Section II, of the 1976 Constitution of the State of Georgia (Ga. Code Sec. 2-5901).

Page 4609

The public is further notified that said Ordinance provides that no increase in the amount of monthly retirement benefits due to changes in the current Cost-of-Living Index, effective at any annual adjustment date, shall be in excess of 5 percent of the amount of monthly retirement benefits payable immediately prior to such date. The public is further notified that a copyof the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public. This 1st day of November, 1979. Robert C. Daniel, Jr. County Attorney Richmond County, Georgia Georgia, Richmond County. Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to amend the Richmond Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, and Ga. L. 1976, pp. 4500), so as to provide the maximum amount of monthly retirement benefit increase payable to participants under said Pension Fund due to changes in the current Cost-of-Living Index, and for other purposes, was duly published once a week for three weeks, as required by law, said dates of publication being November 5, 12, and 19, 1979. /s/ William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia

Page 4610

Sworn to and subscribed before me, this 20th day of November, 1979. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. Filed in Office of Secretary of State December 6, 1979. ROCKDALE COUNTYBOARD OF COMMISSIONERS An Ordinance to amend an Act entitled An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; and for other purposes. (Ga. L. 1977, Page 2817); By adding a new section 1A thereto, entitled Definitions and General Provisions; to repeal conflicting provisions; and for other purposes. Be it ordained by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by authority of same as follows: Section 1. Pursuant to County Home Rule authority under the Georgia Constitution (Art, IX, Sec. II; Ga. Code Ann., Ch. 2-59), the Board of Commissioners hereby amends an Act of the General Assembly (Ga. L. 1977, p. 2817) entitled as follows: An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to said

Page 4611

board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Said Act is amended by adding a new section thereto entitled Section 1A, Definitions and General Provisions. Said section shall read as follows: Section 1A. Definitions and General Provisions. The following words and phrases shall, for purposes of this Act, have the indicated meanings and limitations unless the context clearly indicates otherwise: (1) Board shall mean the Board of Commissioners of Rockdale County. (2) Capital improvements shall mean any real or personal property of any kind or any repair and maintenance thereof, other than a contract for services, where said property or repairs and maintenance has a useful life expectancy of over one (1) year and where said property is acquired by the county through the expenditure of county funds of over $1,000 or the exchange of the equivalent in county property, service or labor. This shall include but not be limited to the acquisition of any land or interest therein and the acquisition of any building or road, unless otherwise provided by law, and any repairs or maintenance of any road or building. The acquisition of capital improvements shall be made only where funds therefor have been appropriated in the county budget and are also directly and specifically authorized by the Board or a designee thereof. Additionally, said improvements shall only be made in the order or priority established by the Board of Commissioners. (3) Commission shall mean the Board of Commissioners of Rockdale County. (4) Chairman shall mean the County Chairman or Chairman of the Board of Commissioners of Rockdale County. (5) Elected official or elected county official shall mean the Rockdale County Sheriff, Judge of the Probate Court, Clerk of the Superior Court, Tax Commissioner or Coroner.

Page 4612

(6) Expenditure shall mean the disbursement of any funds from any account under the budgetary control of the Board of Commissioners. Other than expenditures from bank accounts which may be established for the various elected county officials, all expenditures, from county funds shall be authorized by or bear the authorized signature of the Chairman and the Director of Finance or others in their absence as may be defined and provided for by the Board of Commissioners. Except for purchases of $1,000 or less and payroll expenditures, no expenditure shall be authorized by the Chairman except with the prior specific approval of the Board of Commissioners where required by this Act or with at least the informal advance approval of one other member of the Board of Commissioners or by designees thereof. (7) Purchase shall mean the expenditure of county funds for or contracting for any goods or services for which any expenditure of county funds may be made or where county property or services are exchanged for any goods or services; provided, however, that purchase shall not include regular payroll expenditures for county employees nor shall it include expenditures or contracts for professional services as herein defined. Purchase orders shall not be accumulated or split so as to evade any purchasing limitations in this Act, including but not limited to unnecessarily issuing several purchase orders for substantially the same or similar goods or services from the same vendor or similar vendors over a short period of time. (8) Professional services shall mean services of a unique nature not normally subject to competition such as legal and medical services as well as telephone and other utilities. Acquisition by the county of such services shall be made only upon approval of the Board of Commissioners, which Board may advertise, interview, seek bids or quotations for such services as will, in the Board's discretion, aid in obtaining the best such service available. Insurance shall be considered a professional service hereunder. (9) Payroll expenditure shall mean and include wages and salaries paid to county employees under any county personnel, civil or merit system or any personnel exempt by law or contract from direct control and supervision of the Chairman or Board. Any expenditure of county funds made to any person performing services for the county under a separate and distinct personal contract with the county shall not be considered a payroll expenditure.

Page 4613

Section 2. This ordinance shall become effective on its second and final adoption as provided by law. Section 3. All ordinances or Acts, or parts thereof, in conflict herewith are hereby repealed. First adopted this 9th day of January, 1979. Finally adopted this 23rd day of January, 1979. Board of Commissioners Rockdale County, Georgia /s/ Heyward L. Woodward /s/ Herman A. Francis /s/ Ray Magnusson Attest: /s/ C. A. Sandy Jones Ex-officio Clerk Clerk's Certification I, Sandy Jones, Ex-officio Clerk of the Board of Commissioners of Rockdale County, hereby certify that the foregoing is a true and correct copy of an original ordinance entitled: An ordinance to amend an Act entitled `An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes.' (Ga. L. 1977, Page 2817) by adding a new section 1A thereto, entitled `Definitions and General Provisions'; to repeal conflicting provisions; and for other purposes,

Page 4614

as the same was duly adopted by the Board of Commissioners of Rockdale County at a regular public meeting held on the 9th day of January, 1979, and finally adopted at the next regular public meeting of said Board held on the 23rd day of January, 1979, as the same appears of record in the minutes of said meetings; and I further certify that said ordinance has been neither amended, modified nor repealed, but remains of force and effect. In witness whereof, I hereunto set my hand and affix the seal of the County, this 24th day of January, 1979. /s/ C. A. Sandy Jones Ex-Officio Clerk Board of Commissioners Rockdale County, Georgia Notice of Intention to Amend Georgia Laws 1977, Page 2817 Notice is hereby given that the Board of Commissioners of Rockdale County intend to amend Georgia Laws 1977, Page 2817, Section 1A pursuant to County Home Rule under Article IX, Section II, Paragraph I of the Georgia Constitution of 1976. The proposed amendment shall provide the definitions of and limitations on the following terms: board, capital improvements, commission, chairman, elected official, expenditure, purchase, professional services, and payroll expenditure 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.

Page 4615

Affidavit of Publication Georgia, Rockdale County. Personally appeared before the undersigned, Jane O. Patterson who on oath says that she is Advertising Manager of The Rockdale Citizen, and that the legal advertisement which appears below was published in said newspaper on the following dates: December 21 28, 1978 Jan. 4, 1979. /s/ Jane O. Patterson Sworn to and subscribed before me, this 11th day of January, 1979. /s/ Jenell Orr Notary Public, Georgia, State At Large. My Commission Expires Jan. 12, 1982. Filed in Office of Secretary of State February 12, 1979. ROCKDALE COUNTYBOARD OF COMMISSIONERS. An ordinance to amend an Act entitled: An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; and for other purposes. (Ga. L. 1977, page 2817); [the authority of the county home rule law by the Board of Commissioners of Rockdale County, Georgia on May 23, 1978.] By amending Sections 1A, 7(b), 8, 9, 10, 13, 15, 16(b), 17, 18, 19, 20, and 21 and to repeal conflicting provisions and for other purposes. Be it ordained by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by authority of same as follows:

Page 4616

Section 1. Pursuant to County Home Rule authority under the Georgia Constitution (Art. IX, Sec. II; Ga. Code Ann., Ch. 2-59), the Board of Commissioners hereby amends an Act of the General Assembly (Ga. L. 1977, p. 2817) entitled as follows: An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; and for other purposes. (Ga. L. 1977, page 2817); [as amended under the authority of the County Home Rule Law by the Board of Commissioners of Rockdale County, Georgia on May 23, 1978.] Said Act is amended as follows: 1. Section 1A of said Act shall hereby be amended by adding the following definition to the end thereof: (10) `Resolution' shall mean and include any resolution, ordinance or other official action of the Board of Commissioners approved at a public meeting of said Board by a majority vote of a quorum of the members thereof. 2. Subsection (b) of Section 7 of said Act shall hereby be amended in its entirety to read as follows: (b) The Board of Commissioners may provide the Chairman with a county owned automobile which may be used in carrying out the official duties of the Board members and county funds may be expended for the operation and maintenance of said automobile. The Board of Commissioners shall provide by ordinance or resolution payment of necessary expenses which may be incurred by the members of said Board in carrying out their official duties. 3. Section 8 of said Act shall hereby be amended by deleting 2:00 p.m. on the second Tuesday and inserting in lieu thereof 10:00 a.m. on the second Tuesday.

Page 4617

4. Section 9 of said Act shall hereby be amended in its entirety to read as follows: Section 9. Chairman; Vice-Chairman. (a) The chairman shall be the chief executive officer of the county government and shall generally supervise, direct and control the administration or the affairs of the county pursuant only to the powers herein specifically conferred upon him and pursuant to the adopted resolutions of the Board of Commissioners in regard to matters reserved to the exclusive jurisdiction of the Board of Commissioners. (b) The chairman shall preside over meetings of the Board of Commissioners; provided that a vice-chairman appointed by said Board from among its members shall preside in the chairman's absence. (c) The chairman, consistent with resolutions of the Board of Commissioners, shall establish rules and regulate purchasing services for all county departments, offices and agencies, including all such services for all elected county officials. (d) The chairman shall be authorized to make purchases for the county in amounts not exceeding $1,000.00. 5. Section 10 of said Act shall hereby be amended in its entirety to read as follows: Section 10. Board of Commissioners. (a) The Board of Commissioners shall have the power and authority to fix and establish, by appropriate resolutions or ordinance entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on said Board's minutes, shall be conclusive and binding on the chairman. (b) The policies, rules and regulations so adopted by the Board of Commissioners shall be carried out, executed and enforced by the chairman as chief executive officer of the county, and said Board

Page 4618

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

Page 4619

(11) To exercise all powers, duties and authorities heretofore imposed upon or vested in the Commissioner of Rockdale County in respect to zoning and planning. (12) To create and change the boundaries of special taxing districts authorized by law. (13) To fix the bonds of county officers where same are not fixed by statute. (14) To enact any ordinances or other legislation the county may be given authority to enact. (15) To determine the priority of capital improvements. (16) To call elections for the voting of bonds. (17) To exercise all of the power and authority heretofore vested by law in the Commissioner of Rockdale County, together with the power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power specifically given to the chairman by the provisions of this Act. (18) To make purchases of not more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the county. (19) To make purchases in amounts of $5,000.00 or more, provided, however, that for any purchases in such amounts, advertisements for bids shall first be published for two (2) consecutive weeks in the official organ of Rockdale County. Formal sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. The purchase shall be made from the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges and the date or dates of delivery. Advertisement and the obtaining of formal bids may be dispensed with when, in the discretion of the Board of Commissioners an emergency exists which will not permit a delay. All such bids may be rejected by said Board and new bids may be sought

Page 4620

in the manner provided for bids above. Said Board may negotiate for a lower price with all bidders after initially rejecting same but shall accept the lowest negotiated price from such initial bidders. 6. Section 15 of said Act shall hereby be amended in its entirety to read as follows: (a) The internal organization of the county government shall be subordinate to and act as administrative instrumentalities of the Commission and shall be divided into such departments and agencies as said Board shall deem necessary. (b) Such county departments and agencies may be created, abolished or any two (2) or more departments or agencies may be consolidated, from time to time, by a majority vote of the Board of Commissioners; except that the Department of Finance, as provided in this Act, shall be maintained at all times as a separate and distinct department. 7. Subsection (b) of Section 16 of said Act shall hereby be amended in its entirety to read as follows: (b) The Department of Finance shall, pursuant to the resolutions adopted by the Board of Commissioners and instructions, consistent with said resolutions, given by the chairman, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Assist the Chairman in compiling the annual budget covering all funds. (3) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources. (4) Examine all claims against the county and make recommendations as to payment. (5) Maintain budgetary control accounts, showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended

Page 4621

balances of allotments, and all unallotted balances of appropriations. (6) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (7) Prepare and issue monthly financial reports on the operations of all county funds. (8) Maintain property control records of all county property, including equipment and stores, and to supervise stores. (9) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the Chairman and Board of Commissioners on Financial matters. (10) Perform such other duties as may be assigned by the Chairman or the Board of Commissioners or both. 8. Section 17 of said Act shall hereby be amended by repealing the phrase at all times in the last sentence of said section. 9. Section 13 of said Act shall hereby be amended in its entirety to read as follows: Section 13. Appointment, Removal, and Compensation of County Officials, Employees, Attorneys, the Executive Assistant, and Employees of Elected Officials. (a) Unless otherwise provided by paragraph (b) hereof or other provisions of this Act, all county employees shall be employed and dismissed and have their compensation set by the Chairman or a designee thereof subject to county budgetary provisions and any applicable civil service, merit system or personnel laws or ordinances. (b) All non-elected county officials, department heads, chiefs, directors, superintendents, or executives shall be appointed and removed by the Chairman with the consent of the Board of Commissioners. When a vacancy exists in any such office, the Chairman shall, within ninety (90) days, propose an appointment to which the Board of Commissioners consent; otherwise, said Board may fill the vacancy by majority vote.

Page 4622

(c) The Board of Commissioners shall have the exclusive authority to appoint, remove and fix the compensation of the Executive Assistant, County Attorney, and any other attorney employed at county expense. (d) Elected county officials shall have the exclusive authority to appoint, remove and fix the compensation of the personnel within their respective offices subject to county budgetary provisions and any applicable civil service or merit system, state laws or county personnel ordinances; provided that, in the case of county personnel ordinances, the particular elected county official or a predecessor in that office must authorize in writing the inclusion of the employees of that office under the county personnel ordinance before said ordinance shall include such employees. 10. Section 18 of said Act shall hereby be amended in its entirety to read as follows: Section 18. Budget of Elected Officials. Each elected official who operates a county fund shall submit an annual budget to the Board of Commissioners on or before March 1, of each year. Said budget shall constitute a part of the budget submitted by the chairman governing expenditures of all county funds to the Board of Commissioners as prescribed in Section 19 of this Act; provided, however, said budget submitted by an elected official shall not be reduced or increased prior to submission to the Board of Commissioners. 11. Section 19 of said Act shall hereby be amended in its entirety to read as follows: Section 19. Budget and Appropriations. (a) The Chairman shall propose and submit to the Board of Commissioners, not later than May 1 of each year, a balanced county budget and an appropriations ordinance governing expenditures for the coming year of all county funds, including capital outlay, public works projects, as well as expenditures by and for all county elected officials.

Page 4623

(b) Said Board shall thereafter hold a public hearing on the proposed county budget and the appropriations ordinance, giving notice thereof at least ten (10) days in advance by publication in the official organ of Rockdale County and by posting the same at the courthouse door. (c) The proposed budget and the appropriations ordinance shall thereafter be reviewed, amended and adopted by said Board before July 1 of the year to which they apply. If the Board fails to adopt a budget and an appropriations ordinance within the time provided in this section, then the prior year's level of appropriations for each budget unit shall continue proportionately month to month in an undifferentiated lump sum per such unit until a new appropriation is provided by said Board. (d) The adopted budget and appropriations ordinance may be revised during the year only by formal action of the Board of Commissioners in a public meeting and no increase in appropriations shall be made therein without provision also being made for financing same. (e) A copy of the adopted budget and appropriations ordinance hereunder shall be transmitted by the Chairman to the then current grand jury of the Superior Court of Rockdale County within ten (10) days of the adoption thereof. 12. Section 20 of said Act shall hereby be amended in its entirety to read as follows: Section 20. Expenditures. No expenditures of county funds shall be made except in accordance with the county appropriations ordinance, or amendments thereto, adopted by the Board of Commissioners. The Chairman shall enforce compliance with this provision by all departments of county government, including those for elected officers. 13. Section 21 of said Act shall hereby be amended in its entirety to read as follows: Section 21. Audits and Financial Statements.

Page 4624

The Board of Commissioners shall on or before July 31 annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to said Board annually. An annual financial report shall be submitted to the Board and shall be filed with the Department of Finance and made available for public inspection as other records in such office. Said Board shall cause to be published in the official organ of Rockdale County a statement of the financial condition of the county as of June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Rockdale County a copy of each annual financial report furnished by him to the Board of Commissioners. Section 2. This Ordinance shall become effective on its second and final adoption as provided by law. Section 3. All ordinances, or the Act or portions of the Act or parts thereof in conflict herewith are hereby repealed. First adopted this 10th day of April, 1979. Finally adopted this 24th day of April, 1979. Board of Commissioners, Rockdale County, Georgia /s/ Heyward L. Woodward /s/ Herman A. Francis /s/ Ray Magnusson Attest: /s/ C. A. Sandy Jones Ex-officio Clerk Approved as to form: /s/ Sidney Nations County Attorney

Page 4625

Certification I, C. A. Sandy Jones, Ex-Officio of the Board of Commissioners of Rockdale County, hereby certify that the foregoing is a true and correct copy of an original ordinance entitled: An Ordinance to amend an Act to create a Board of Commissioners For Rockdale County;..... (Ga. L. 1977, page 2817); (As amended under the authority of the county home rule law by the Board of Commissioners of Rockdale County, Georgia on May 23, 1978). and that same was duly adopted by the Board of Commissioners of Rockdale County at a public meeting held on April 10, 1979 (First Reading) and April 24, 1979 (Second Reading) and I further certify that said ordinance has been neither amended, modified nor repealed, but remains of force and effect. In witness whereof, I hereunto set my hand and affix the seal of the County, this 2nd day of May, 1979. /s/ C. A. Sandy Jones Ex-Officio Clerk Board of Commissioners Rockdale County (Seal) Affidavit of Publication. Georgia, Rockdale County. Personally appeared before the undersigned Jane O. Patterson who on oath says that she is advertising manager of The Rockdale Citizen, and that the legal advertisement which appears below was published in said newspaper on the following dates: April 5, 12 and 19, 1979. /s/ Jane Patterson Notice to the General Public Home Rule Amendement to House Bill No. 610. Pursuant to Article IX, Section II, Paragraph I (Ga. Code Ann. 2-5901), the Board of Commissioners of Rockdale County, Georgia is considering amendment of House Bill 610, Ga. Laws 1977, page 2817, et. seq., the Local Act presently governing the County Government

Page 4626

of Rockdale County, Georgia. The amendments are concerned with the following general topics of areas of local government: Definition of the term Resolution; clarification of the Chairman's use of a County owned automobile; changing the meeting time of day for the regular second Tuesday meeting; clarification of the powers of the Chairman of the Commission relative to purchasing of goods and general supervision of County affairs; appointment of a vice-chairman; clarification of the powers of the entire Board of Commissioners vis-a-vis the administrative powers of the Chairman; designation of exclusive areas of jurisdiction of the entire Board of Commissioners; reorganization of the internal operating departments and agencies of the County Government; redefinition of responsibilities of the Department of Finance; amendment of provisions regarding time periods of accessibility of Commission records to the public; enlarged provisions concerning the appointment, removal and compensation of non-elected county officials, employees, attorneys, executive assistant and others; amendment of the procedures for submission of the budget by elected County officials; procedures for compilation of annual County budget and expenditures therefrom; and requirements for an annual audit for the County books and records. This notice is intended as a synopsis of the proposed changes only and a copy of the proposed amendments 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 general public. The Clerk of the Superior Court shall furnish anyone upon written request, a copy of the proposed amendment. 3tcA5, 12, 19 Sworn to and subscribed before me, this 1st day of May, 1979. /s/ Jenell Orr Notary Public, Georgia, State At Large. My Commission Expires Jan. 12, 1982. Filed in Office of Secretary of State May 4, 1979.

Page 4627

WHITFIELD COUNTYPURCHASING. Resolution Be it resolved, by the Board of Commissioners of Whitfield County that the third sentence of Section 20 entitled Centralized Purchasing of the Act creating the Whitfield County Board of Commissioners (Georgia Laws 1964, Volume 2, page 2175, et seq., as amended) be deleted and that the following sentence substituted therefor pursuant to the provisions of Georgia Code Annotated 2-5901 (Article IX, Section II, Paragraph I of the Constitution of Georgia), to-wit: All purchases by Whitfield County in an amount in excess of $1,000.00 shall be by competitive bids and all purchases in an amount in excess of $7,500.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Whitfield County once a week for two weeks before the date of the purchase; however, the County Administrator of Whitfield County is authorized to make purchases of an emergency nature for the repair and maintenance of County property without said purchases being based on competitive bids. Be it further resolved, that the effective date of this Amendment be subsequent to its second adoption, namely, March 6, 1979. This the 6th day of February, 1979. Board of Commissioners of Whitfield County /s/ Leonard Cochran, Chairman /s/ Jerry Albertson, Vice Chairman /s/ A. Michael, Member /s/ John R. Holcomb, Member /s/ Roger Kubin, Member Attest: /s/ Lenard Whaley Secretary to Board of Commissioners and County Administrator

Page 4628

Resolution. Be it resolved by the Board of Commissioners of Whitfield County, Georgia that the Resolution adopted February 6, 1979 amending that certain Act creating the Whitfield County Board of Commissioners (Georgia Laws, 1964, Volume II, page 2175, et seq. as amended) insofar as centralized purchasing is hereby readopted (with reference to said Resolution dated March 6, 1979 for a more full and complete description thereof being made) in its entirety as this Board's second adoption on this 6th day of March, 1979. Georgia, Whitfield County. Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Lenard Whaley, who after first being duly sworn, deposes and says under oath as follows: I am the administrator of Whitfield County, Georgia and am secretary to the board of commissioners thereof. Attached to this affidavit is a resolution unanimously adopted by the Board of Commissioners of Whitfield County, Georgia at their regular February and March meetings, to-wit: February 6, 1979 and March 6, 1979 changing certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. I personally delivered a copy of the proposed Amendment to the Clerk of the Superior Court of Whitfield County, Georgia to file in order that the public could examine and inspect the Amendment immediately following the adoption of the Resolution on February 6, 1979. /s/ Lenard Whaley Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Norma B. Travillian Notary Public, Whitfield County, Georgia (Notary Seal)

Page 4629

The Board of Commissioners of Whitfield County intends to amend the Act creating the Whitfield County Board of Commissioners pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia by changing the amounts of purchases which Whitfield County can make through competitive bids by increasing the sum of $250.00 to $1,000.00 in purchases by the County without competitive bids and by increasing the sum of $1,500.00 to $7,500.00 on the amount of county purchases by competitive bids after advertisement and further granting unto the county administrator to make emergency purchases for the maintenance and repair of county property without competitive bids. A copy of the proposed Amendment is on file in the office of the Clerk of the Superior Court of Whitfield County for the purpose of examination and inspection by the public. /s/ Lenard Whaley, Administrator Whitfield County, Georgia Georgia, Whitfield County. Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Neely Young, who after first being duly sworn, deposes and says under oath as follows: I am the publisher of The Daily Citizen-News, the Official Gazette of Whitfield County, Georgia in which sheriff's advertisements appear. Attached to this affidavit is a copy of the required notice of publication as delivered to The Daily Citizen-News by the administrator of Whitfield County, Georgia, changing certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. The notice attached was published in The Daily Citizen-News once a week for three weeks and within a period of sixty days preceding its final adoption on March 6, 1979, namely, February 16, 1979, February 23, 1979 and March 2, 1979. /s/ Neely Young

Page 4630

Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Jacqueline Kech Notary Public, Whitfield County, Georgia. (Notary Seal) Filed in Office of Secretary of State March 9, 1979. WHITFIELD COUNTYMEETINGS OF BOARD OF COMMISSIONERS. Resolution Be it resolved, by the Board of Commissioners of Whitfield County that the first sentence of Section 5 entitled Meetings of the Act creating the Whitfield County Board of Commissioners (Georgia Laws 1964, Volume II, page 2175, et seq. as amended) be deleted and the following sentence substituted therefor pursuant to the provisions of Georgia Code Annotated 2-5901 (Article IX, Section II) Paragraph I of the Constitution of Georgia and the following sentence substituted therefor, to-wit: The Board of Commissioners shall hold a regular business meeting on the second Tuesday in each month at 7:00 o'clock, P.M. at the Courthouse in Whitfield County, Georgia and said meeting may be adjourned from day-to-day until all business is completed. Be it further resolved, that the effective date of the above change of said Act is May 1, 1979. Board of Commissioners of Whitfield County /s/ Leonard Cochran, Chairman /s/ Jerry Albertson, Vice Chairman /s/ A. Michael, Member /s/ John R. Holcomb, Member /s/ Roger Kubin, Member

Page 4631

Attest: /s/ Lenard Whaley Secretary to Board of Commissioners and County Administrator Georgia, Whitfield County. Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Lenard Whaley, who after first being duly sworn, deposes and says under oath as follows: I am the administrator of Whitfield County, Georgia and am secretary to the board of commissioners thereof. Attached to this affidavit is a resolution unanimously adopted by the Board of Commissioners of Whitfield County, Georgia at their regular March and April meetings, to-wit: March 6, 1979 and April 3, 1979 in which certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia were changed pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. I personally delivered a copy of the proposed Amendment to the Clerk of the Superior Court of Whitfield County, Georgia to file in order that the public could examine and inspect the Amendment immediately following the adoption of the Resolution on March 6, 1979. /s/ Lenard Whaley Sworn to and subscribed before me, this 3rd day of April, 1979. /s/ Melva A. Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 27, 1980. (Seal). Legal Notice The Board of Commissioners of Whitfield County intends to amend the Act creating the Whitfield County Board of Commissioners

Page 4632

by the changing of the regular business meeting date from 10:00 o'clock, A.M. on the first Tuesday of each month to 7:00 o'clock, P.M. on the second Tuesday of each month effective May 1, 1979 pursuant ot the provisions of the County Home Rule Provisions of the Constitution of Georgia. A copy of the proposed Amendment is on file in the Office of the Clerk of the Superior Court of Whitfield County for the purpose of examination and inspection by the public. /s/ Lenard Whaley, Administrator Whitfield County, Georgia Georgia, Whitfield County. Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Neely Young, who after first being duly sworn, deposes and says under oath as follows: I am the publisher of The Daily Citizen-News, the official gazette of Whitfield County, Georgia in which sheriff's advertisements appear. Attached to this affidavit is a copy of the required notice of publication as delivered to the Daily Citizen-News by the Administrator of Whitfield County, Georgia changing certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of Georgia. The notice attached was published in The Daily Citizen-News once a week for three (3) weeks and within a period of sixty (60) days preceding its final adoption on April 3, 1979, namely, March 16, March 23rd and March 30th, 1979. /s/ Neely Young Sworn to and subscribed before me, this 3rd day of April, 1979. /s/ Norma B. Travillian Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. Filed in Office of Secretary of State April 13, 1980.

Page 4633

CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 4634

CITY OF ALBANYIMPROVEMENT OF ALLEYS. An Ordinance entitled an Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany, Georgia, so as to provide additional powers for the improvement of alleys in the City of Albany and the assessment of the costs thereof; repealing all laws and charter provisions or parts of laws and charter provisions in conflict; and for other purposes. Be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by authority of same: Section 1. Section 33 (A) of the charter of the City of Albany is amended by inserting and ordaining an additional paragraph, to appear between the second and third paragraphs of said section 33 (A), and to read as follows: In addition to the foregoing authority, the City of Albany, upon the signed petition of the owners of seventy-five percent (75%) of the front footage of the property adjacent to any alley within said City, shall have the power to drain, grade and pave said alley, the total costs thereof to be paid by the adjacent land owners, fifty percent (50%) thereof by the owners of the land on each side of said alley, without any part of the cost thereof to be borne by the City; provided, however, that all of the procedures prescribed above relating to notice to property owner and procedures for determining and assessing the cost of improvement projects are applicable and shall be observed. Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 3. All charter provisions and laws or parts of charter provisions and laws in conflict herewith are repealed. /s/ James H. Gray Mayor

Page 4635

Attest: /s/ Barbara Gerald Clerk Adopted: Nov. 13, 1979. Adopted: Nov. 30, 1979. December 12, 1979. I certify that this is a true and correct copy. /s/ Joann Pope Acting City Clerk Affidavit of Publisher. Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said State and county, Barbara C. Jones, who having been sworn, states that (s)he is business manager for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: October 25, November 1, and November 8, 1979. /s/ Barbara C. Jones Sworn to and subscribed before me, this 12th day of December, 1979. /s/ Pauline Buckner Notary Public My Commission Expires May 24, 1981.

Page 4636

Notice. Notice is given that there has been filed with the clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend section 33 (A) of the charter of the City of Albany so as to prescribe additional powers for the improvement of alleys in the City of Albany and for the assessment of one hundred per cent (100%) of the costs thereof against the adjoining property owners. A copy of said ordinance is on file in the office of the clerk of tbe City of Albany, Georgia, and a copy thereof is also on file in the office of the clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available at either of said places for the purpose of examination or inspection by the public. City of Albany /s/ James V. Davis City Attorney Exhibit A Filed in Office of Secretary of State December 31, 1979. CITY OF ATLANTATAXES 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 6-101, paragraph (f) in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes: so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization: to repeal conflicting laws: and for other purposes. Be and it is hereby ordained by the Council of the City of Atlanta, Georgia, as follows:

Page 4637

Section 1: That Section 6-101, paragraph (f) 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 substituting in lieu thereof a new paragraph (f) which shall read as follows: (f) The governing body shall be authorized to assess levy, and impose taxes on lots and lot owners for sanitary purposes in such amount, rates or methods of assessment and taxation as it may in its discretion deem proper; provided further the governing body shall be authorized and empowered to collect such taxes by execution against the lot so assessed and the owner thereof and provide for the use of such proceeds. The amount so assessed shall be a lien on the lot from date of assessment. The governing body shall be authorized to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, that assessments shall be made on vacant lots as follows: A front footage fee shall be assessed in accordance with the zoned property category of residential, apartment, or commercial and no unit fee shall be assessed. Resident lots shall not be subdivided for assessment except where they have two or more houses used or intended for use as separate tenements built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon. Section 2: That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973 p. 2818, 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.

Page 4638

Section 3: 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 Jan. 2, 1979 Approved by the Mayor Jan. 10, 1979 Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given than 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 6-101, paragraph (f), in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes: so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization; 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 day of, 1978. /s/ Larry M. Dingle Clerk of Council City of Atlanta Exhibit A Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned notary public, who after being sworn, states under oath that he/she is the representative

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of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and 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 December 14, 21, 28. /s/ Pam Mayfield Sworn to and subscribed before me, this 22nd day of Jan. 1979. /s/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981. 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 pres. of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 14, 21 28 days of Dec., 1978, and on the days of, 19 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 6-101, paragraph

Page 4640

(f), in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes; so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization: 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 7th day of December, 1978. /s/ Larry M. Dingle Clerk of Council City of Atlanta Subscribed and sworn to before me, this 29th day of Dec., 1978. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. 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 proposed city of Atlanta charter amendment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 14, 21, 28th day of Dec., 1978. /s/ Gerald W. Crane, Publisher /s/ Linda Orr, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

Page 4641

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 6-101, paragraph (f), in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes; so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization; 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 7th day of December, 1978. Larry M. Dingle Clerk of Council City of Atlanta Sworn to and subscribed before me, this 28th day of Dec., 1978. /s/ B. Lynn Crane Notary Public, Georgia State at Large. My Commission expires June 20, 1980. (Seal) Filed in Office of Secretary of State January 30, 1979.

Page 4642

CITY OF ATLANTASECTION 5-302(b) OF CHARTER REPEALED. An ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.) as amended, to amend section 5-302(b) of the charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; to repeal conflicting ordinances; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1. Section 5-302(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by striking and repealing said subsection in its entirety. 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 offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper 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 March 19, 1979. Approved by the Mayor March 19, 1979.

Page 4643

Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 5-302(b) of the Charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; 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 Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This day of, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta Exhibit A Notice of Proposed Amendment to the charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 5-302(b) of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; 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 Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 21st day of February, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta

Page 4644

Affidavit of Publication Fulton County, State of Georgia. 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 February 26, 1979, March 5, 1979, and March 12, 1979. /s/ Becky Busby Sworn to and subscribed before me, this 2nd day of April, 1979. /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 section 5-302(b) of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; 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 Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 21st day of February, 1979. Larry M. Dingle, Clerk of Council City of Atlanta

Page 4645

Publisher's Certificate DeKalb County, State of Georgia. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co-publisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of proposed amendment to charter of the City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1, 8, 15th day of March, 1979. /s/ Gerald W. Crane, Publisher Linda L. Orr, 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 15th day of March, 1979. /s/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981. (Seal) Publisher's Affidavit Fulton County, State of Georgia. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 26th day of February, 1979, and on the 5th and 28th days of March, 1979. As provided by law. /s/ Frances K. Beck

Page 4646

Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 5-302(b) of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; 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 Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 21st day of February, 1979. Larry Dingle, Clerk of Council City of Atlanta. February 26, March 5, 28, 1979. Subscribed and sworn to before me, this 29th day of March, 1979. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires October 24, 1979. Filed in office of Secretary of State, April 12, 1979. CITY OF ATLANTAPARKS AND RECREATION, CULTURAL AFFAIRS. An Ordinance to amend the charter of the City of Atlanta so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs; to repeal conflicting ordinances; and for other purposes. Be it ordained by the Council of the City of Atlanta, as follows:

Page 4647

Section 1. That section 8-101 of the charter of the City of Atlanta is hereby amended by striking subparagraph (4) in its entirety, by renumbering sequentially the remaining subparagraphs thereof, and by adding the following new subparagraphs: (9) Department of parks and recreation to be headed by a commissioner of parks and recreation; and (10) Department of cultural affairs to be headed by a commissioner of cultural affairs. Section 2. That section 8-116 of the charter of the City of Atlanta is hereby amended by striking section 8-116 in its entirety, and by inserting in lieu thereof the following: Section 8-116. Office of the Commissioner of Parks and Recreation. In addition to the qualifications set out, the commissioner of parks and recreation shall possess experience at a senior supervisory level in at least one of the following fields: recreation, park planning, park management. This experience may be either in private or public employment. Section 3. That section 8-117 of the charter of the City of Atlanta is hereby amended by striking said section in its entirety and by inserting in lieu thereof the following: Section 8-117. Functions and Duties of the Department of Parks and Recreation. The functions and duties of the department of parks and recreation shall include: (1) Planning, promoting, organizing and supervising a comprehensive municipal program of recreation; supervising the recreational use of playgrounds, playfields, recreation centers, swimming pools, ball diamonds, athletic fields and other park and recreation facilities; (2) Administration and maintenance of all parks, park facilities, park property and the City cemetery; administration and enforcement of all ordinances for the protection of trees and shrubbery; maintenance of all trees on City property and City rights-of-way; and

Page 4648

(3) Operation and scheduling of the use of the zoo, cyclorama, parks and other special facilities of the City for recreation. Section 4. That section 8-118 of the Charter of the City of Atlanta is hereby amended by striking said section in its entirety and by inserting in lieu thereof the following: Section 8-118. Office of the Commissioner of Cultural Affairs. In addition to the general qualifications set out, the commissioner of cultural affairs shall possess experience at a senior supervisory level in at least one of the following fields: convention facility management, management of cultural organizations, or cultural organizations, or cultural program administration. This experience may be either in private or public employment. Section 5. That section 8-119 of the Charter of the City of Atlanta is hereby amended by striking section 8-119 in its entirety and by inserting in lieu thereof the following: Section 8-119. Functions and Duties of the Department of Cultural Affairs. The functions and duties of the department of cultural affairs shall include: (1) Development and implementation of a program for identifying, acquiring, and preserving historic sites; and (2) Administration of a program of municipal support of the arts. (3) Operation and scheduling of the civic center and municipal auditorium. Section 6. That a copy of this proposed amendment to the charter of the City of Atlanta shall be filed in the office of the clerk of council and offices of the clerks of the superior courts of Fulton and DeKalb Counties and that a Notice of Proposed Amendment to the Charter of the City of Atlanta, attached hereto, marked Exhibit A, and made a part of this ordinance, be published once a week for three weeks in a newspaper 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.

Page 4649

Section 7. That this ordinance shall become effective on June 25, 1979. Section 8. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. A true copy /s/ Jessy C. Bearden Deputy Clerk of Council Adopted by City Council April 2, 1979. Approved by the Mayor April 7, 1979. 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 so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs, to repeal conflicting ordinances; and for other purposes. A copy of the propsed 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 the 13th day of March, 1979. /s/ Larry M. Dingle Clerk of Council City of Atlanta 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

Page 4650

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 March 29, April 5, April 12, 1979. /s/ Becky Busby Sworn to and subscribed before me, This 17 day of April, 1979. /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 so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs, 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 the 14th day of March, 1979. /s/ Larry Dingle Clerk of Council City of Atlanta Publisher's Affidavit. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn according to law,

Page 4651

says that she is the Vice President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 29th day of March, 1979, and on the 5th and 12 days of April, 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 13th day of April, 1979. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. 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 so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs, 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 the 14th day of March, 1979. /s/ Larry Dingle Clerk of Council City of Atlanta Publisher's Certificate. Georgia, DeKalb County. Personally appeared before me, the undersigned, a notary public, within and for said countx and State, Gerald Wm. Crane Co.-publisher

Page 4652

of the Decatur-DeKalb News/Era a newspaper published at Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of City of Atlanta charter amendment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29, 5, 12th day of March, April, 1979. /s/ Gerald W. Crane, Co-Publisher /s/ Linda L. Orr, 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 12th day of April, 1979. /s/ Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal). Filed in the Office of Secretary of State April 24, 1979. CITY OF ATLANTAEXECUTIVE BRANCH OF GOVERNMENT. An Ordinance to amend 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 modify certain divisions and sections of said ordinance and to substitute and add certain sections. Be and it is hereby Ordained by the Council of the City of Atlanta, Georgia as follows:

Page 4653

Section I: That Part II, Section 7 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, as amended, relating to the organization of the Executive Branch of the Government of the City of Atlanta, is hereby amended by deleting Section 7 (b) (1) The Bureau of Traffic Engineering and substituting in lieu thereof The Bureau of Traffic and Transportation. Section II: That Part II, Section 7 (c) of said ordinance is hereby amended by striking said Part II, Section 7 (c) (1) in its entirety and substituting in lieu thereof the following: Section 7 (c) (1) Develop, design, implement and maintain a traffic management network which will include, but not be limited to a system of traffic signals, street and highway illumination, street markings, lane controls and other traffic management devices; conduct traffic engineering investigations of existing and anticipated vehicular and pedestrian movement problems; regulate street rights-of-way as it pertains to movement of vehicular and pedestrian traffic; conduct traffic planning research and evaluation; develop initiatives, policies and programs to ensure adequate on-street and off-street parking; participate in the City's transportation policy planning process with other City Departments and outside Agencies; coordinate the City's transportation system planning, design, implementation, evaluation and management process with other City Departments, Local, Regional, State, and Federal Agencies; review all actions and activities which may affect the City's traffic and transportation management programs. Section III: 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, as amended, 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

Page 4654

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 IV: That all laws or ordinances or parts of laws or ordinances in conflict therewith are hereby repealed. Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend 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, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; 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 day of, 1979. /s/ Larry M. Dingle Clerk of Council, City of Atlanta Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend 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,

Page 4655

including professional and technical qualifications of each department head, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; 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 13th day of July, 1979. 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 Wm. Crane Co-publisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26, 2nd day of July, Aug., 1979. /s/ Gerald W. Crane Co-Publisher (by) Linda L. Orr Agent Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths.

Page 4656

Sworn to and subscribed before me, this 2nd day of Aug., 1979. /s/ Samme K. Toycen Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1982. (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 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, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; 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 the purposes of examination and inspection by the public. This 13th day of July, 1979. Larry M. Dingle, Clerk of Council, City of Atlanta 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),

Page 4657

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 July 19, 26, and August 2, 1979. /s/ Janet Schwartz Sworn to and subscribed before me, this 8th day of August, 1979. /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 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, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; 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 13th day of July, 1979. Larry M. Dingle Clerk of Council City of Atlanta

Page 4658

Exhibit A July 19, 26, Aug 2, 1979. Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 19th and 26th days of July, 1979, and on the 2nd day of Aug., 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 3rd day of Aug. 1979. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Filed in Office of Secretary of State August 20, 1979. CITY OF ATLANTAEXECUTIVE BRANCH OF GOVERNMENT, BUREAUS. An ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, ET SEQ.) as amended, to amend section 8-105 of the charter of the City of Atlanta, Georgia which section sets forth the provisions, so as to provide (1) that each department may be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of

Page 4659

police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and the chief of police shall be subject to removal; to repeal conflicting ordinances; and for other purposies. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1. That section 8-105 of the charter of the City of Atlanta, which section provides the following: (a) Each department operating under the executive branch may be divided into bureaus or offices; (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 the department. Each bureau or office director shall be appointed to a term of four (4) years and shall be subject to removal as provided in the charter with respect to department heads, except that the council may override the mayor's removal only upon a vote of two-thirds (2/3) 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 as provided for above.; Shall be amended so that section 8-105, when amended, shall read as follows: (a) Each department operating under the Executive Branch may be divided into bureaus. (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 the department, direct and supervise the operations of the bureau. Any orders, directions, practices, procedures, policies, regulations or other actions of the bureau directors may be changed, altered, amended or rescinded by the head of the department under whose jurisdiction the bureau lies or by the mayor.

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(c) 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, the 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 the bureau of police services; and provided further, the chief of police shall be appointed by the mayor and confirmed by the council for a term not to exceed March 31, 1980. (d) Each bureau director shall be appointed to a term of four (4) years, except that any person serving as a 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. (e) Each bureau director and the chief of police 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 (2/3) 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 charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the office of the clerk of council and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement is attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Page 4661

Section 3. That all laws, ordinances, and parts of laws and ordinances in conflict herewith are hereby repealed. Adopted by Atlanta City Council August 6, 1979 Returned to Clerk of Council without Action by Mayor Approved per Section 2-403 of 1974 Charter A true copy, /s/ Jessy C. Bearden Deputy Clerk of Council Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta (Georgia L. 1973, p. 2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; 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 Court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 16th day of July, 1979. /s/ Larry Dingle Clerk of Council City of Atlanta Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the Charter of the City of Atlanta (Georgia L.

Page 4662

1973, p.2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; 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 court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 16th day of July, 1979. Larry Dingle Clerk of Council City of Atlanta 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 July 19, 26, and August 2, 1979. /s/ Janet Schwartz Sworn to and subscribed before me, this 16th day of August, 1979. /s/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981.

Page 4663

Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta (Georgia L. 1973, p. 2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; 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 Court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 16th day of July, 1979. Larry Dingle Clerk of Council City of Atlanta Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of AtlantaAmend Section 8-105; a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26, 2nd day of July, Aug. 1979. /s/ Gerald W. Crane Co-Publisher /s/ Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

Page 4664

Sworn to and subscribed before me, this 2nd day of Aug., 1979. /s/ Samme K. Toycen Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1982. (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 section 8-105 of the charter of the City of Atlanta (Georgia L. 1973, p. 2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; 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 Court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 16th day of July, 1979. 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 Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper

Page 4665

on the 19th and 26th days of July, 1979, and on the 2nd day of Aug., 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 3rd day of Aug., 1979. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. File in Office of Secretary of State August 27, 1979. CITY OF ATLANTADIRECTOR OF BUREAU OF POLICE SERVICES. An ordinance adopted under and by virtue of the authority of The Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.) as amended, to amend section 8-105 of the charter of the City of Atlanta, Georgia, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes. Be it ordained and enacted by the council of the City of Atlanta, as follows: Section 1. Section 8-105(d) is hereby amended by adding thereto, at the end of said section, the following: provided however, that as to the director of the bureau of police services, said appointment shall be subject to council confirmation., so that when amended, said section shall provide as follows: (d) Each bureau director shall be appointed to a term of four (4) years, except that any person serving as a director of a department or as a department head of the government of the City of Atlanta on the

Page 4666

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 office said person previously held; provided however, that as to the director of the bureau of police services, said appointment shall be subject to council confirmation. 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 offices of the clerk of council and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper 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. Section 3. All laws and ordinances and parts of laws and ordinances in conflict herewith are hereby repealed. Adopted by Atlanta City Council September 17, 1979 Returned to Clerk of Council without action by Mayor Approved per Section 2-403 of the 1974 Charter of Atlanta. A true copy, /s/ Jessy C. Bearden Deputy Clerk of Council Notice of Proposed Amendment to The Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes.

Page 4667

A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This day of, 1979. /s/ Larry Dingle Clerk of Council City of Atlanta EXHIBIT A Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend Section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 21st day of August, 1979. 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 Frances K. Beck, who, being first duly sworn according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper

Page 4668

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 Aug., 1979, and on the 6th and 13th days of Sept., 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 14th day of Sept., 1979. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979 Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the Charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 21st day of August, 1979. 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 Wm. Crane, Copublisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly

Page 4669

sworn, states on oath that the report of Notice of Proposed Amendment 8-105, (Director of Bureau of Police Svc.), a true copy of which is hereto annexed, was published in said newspaper in its issue of the 30, 6, 13th day of Aug., Sept., 1979. /s/ Gerald W. Crane Co-publisher /s/ Linda L. Orr 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 13th day of Sept. 1979. /s/ B. Lynn Crane Notary Public, Georgia, State at Large. My Commission Expires June 20, 1980. (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 III, Chapter I, so as to provide that the major shall have the power and the duty to appoint directors of departments, and bureau directors with the confirmation of council, and to remove or suspend any directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter, so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; 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,

Page 4670

Georgia, for the purpose of examination and inspection by the public. This the 21st day of August, 1979. Larry Dingle Clerk of Council City of Atlanta 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 August 30, Sept. 6 and 13, 1979. /s/ Janet Schwartz Sworn to and subscribed before me, This 26th day of September, 1979. /s/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981. Filed in Office of Secretary of State October 9, 1979.

Page 4671

CITY OF ATLANTAMAYOR'S VETO An Ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298 et seq.) as amended, to amend section 2-403 of the charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto; to repeal conflicting ordinances; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1. Section 2-403 of the charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by striking said Section in its entirety and substituting in lieu thereof the following: Every ordinance or resolution by the council shall be signed by the president of the council, certified by the clerk of council and presented to the mayor's office within two (2) calendar days following its adoption. The mayor shall approve or veto the ordinance or resolution within eight (8) calendar days after adoption, and no ordinance or resolution shall become effective without his approval except as herein provided. If the mayor vetoes an ordinance or resolution, he shall within two (2) business days of such veto return it to the council accompanied by a written statement of the reasons for his veto. If the council shall pass the ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without his 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. (Ga. L. 1973, p. 2188).

Page 4672

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 offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper 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. Section 3. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This day of, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta

Page 4673

Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 8th day of August, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta 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 August 16, 23, and 30, 1979. /s/ Janet Schwartz

Page 4674

Sworn to and subscribed before me, this 5 day of September, 1979. /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 section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 8th day of August, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co.-publisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 16, 23, 30th day of Aug. 1979. /s/ Gerald W. Crane Copublisher (by) Linda L. Orr, Agent

Page 4675

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 30th day of August, 1979. /s/ Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (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 section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 8th day of August, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta Affidavit of Publication. Georgia, Fulton County. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State,

Page 4676

and that the publication, of which the annexed is a true copy, was published in said paper on the 17th, 23rd and 30th days of August, 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 31st day of August, 1979. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Filed in Office of Secretary of State October 12, 1979. CITY OF ATLANTACHIEF OF POLICE. An Ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws, 1965 p. 298, et seq.) as amended, to amend section 8-105 of the charter of the City of Atlanta, Georgia, so as to abolish the position of chief of police within the City of Atlanta Bureau of Police Services; to repeal conflicting ordinances; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, as follows: Section 1. Section 8-105(c) of the charter of the City of Atlanta, which section provides for the creation of the position of chief of police is hereby repealed in its entirety. Section 2. Section 8-105(e) is hereby amended by striking therefrom, the words and the chief of police as such words appear in the first sentence of said subsection (e). Section 3. 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 offices of the clerk of council

Page 4677

and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper 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. Section 4. All laws and ordinances and parts of laws and ordinances in conflict herewith are hereby repealed. Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta bureau of police services; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This day of, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta

Page 4678

bureau of police services; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 5th day of September, 1979. /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 Wm. Crane Copublisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta a true copy of which is hereto annexed, was published in said newspaper in its issue of the 13, 20, 27th day of Sept., 1979. /s/ Gerald W. Crane Co-publisher (by) Linda L. Orr, 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 27th day of September, 1979. /s/ Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal).

Page 4679

Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta bureau of police services; to repeal conflicting ordinances; and for other purposes. A copy of the prot osed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 5th day of September, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta 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 September 13, 20, and 27, 1979. /s/ Janet Schwartz Sworn to and subscribed before me, this 28 day of September, 1979. /s/ Jack A. Donley Notary Public, Georgia, State at Large. My Commission Expires Aug. 16, 1981.

Page 4680

Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta bureau of police services; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 5th day of September, 1979. /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 Frances K. Beck, who, being first duly sworn according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20 and 27 days of September, 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 28th day of September, 1979. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Filed in Office of Secretary of State October 16, 1979.

Page 4681

CITY OF ATLANTADEPARTMENT AND BUREAU DIRECTORS An Ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as amended, to amend article III, chapter I 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 mayor shall have the power and the duty to appoint directors of departments or bureau directors with the confirmation of the council, and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this chapter; 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 article III, chapter 1 of the charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by striking subsection 2, of section 3-105 in its entirety and by substituting in lieu thereof the following: (2) Appoint all directors of departments and bureau directors of the city with the confirmation of the council, and remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; 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 offices of the clerks of the Superior Courts of Fulton 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. Section 3. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed.

Page 4682

Adopted by the Atlanta City Council November 5, 1979 Returned to Clerk of Council without action by the Mayor November 14, 1979 Approved per Section 2-403 of the 1974 Charter. A true copy, /s/ Olivia D. Parks Deputy Clerk of Council 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 III, chapter 1, so as to provide that the mayor shall have the power and the duty to appoint directors of departments, and bureau directors with the confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; 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 day of, 1979. /s/ Larry Dingle, Clerk of Council City of Atlanta

Page 4683

Exhibit A Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Atlanta (Ga. L. 1973, pg. 2188, approved March 16, 1973), as amended, so as to amend article III, chapter 1, so as to provide that the mayor shall have the power and the duty to appoint directors of departments, and bureau directors with the confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; 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 5th day of October, 1979. Larry Dingle, Clerk of Council City of Atlanta Publisher's Affidavit. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of proposed City of Atlanta charter amendment, a true copy of which is hereto annexed, was published

Page 4684

in said newspaper in its issue of the 18, 25, 1st day of Oct. Nov. 1979. /s/ Gerald W. Crane, Co-Publisher (by) Linda L. Orr, 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 1st day of Nov., 1979. /s/ Samme Johnson Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (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, pg. 2188, approved March 16, 1973), as amended, so as to amend article III, chapter 1, so as to provide that the mayor shall have the power and duty to appoint directors of departments, and bureau directors with the confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; 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 5th day of October, 1979. Larry Dingle, Clerk of Council City of Atlanta

Page 4685

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 October 18, 25, and November 1, 1979. /s/ Janet Schwartz Sworn to and subscribed before me, this 13 day of November, 1979. /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 III, chapter 1, so as to provide that the mayor shall have the power and the duty to appoint directors of departments, and bureau directors with the confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; and for other purposes.

Page 4686

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 5th day of October, 1979. 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 Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18 and 25 days of Oct., 1979, and on the 1st day of Nov., 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 2nd day of Nov., 1979. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal). Filed in Office of Secretary of State November 21, 1979.

Page 4687

CITY OF COLLEGE PARK UTILITY LIENS. An ordinance to amend the Charter of the City of College Park, (Ga. L. 1908, p. 547, 1, 2; Ga. L. 1913, p. 682, 10;) (Section 6-10 of the College Park Code of Ordinances), to provide for the imposition of liens on property subject to delinquent charges for water, sewerage service and electricity, to repeal conflicting ordinances, and for other purposes. Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same, that the charter of the City of College Park is hereby amended as follows: 1. By striking Ga. L. 1908, p. 547, 1, 2; Ga. L. 1913, p. 682, 10 (section) (Section 6-10 of the College Park Code of Ordinances) in its entirety and in lieu thereof substituting the following: Section 6-10. Water, light, sewerage systemsConstruction, operation. The mayor and council of said City of College Park, shall be, and they are hereby authorized and empowered to purchase, build, contract for, establish, maintain and operate waterworks, electric light and sewerage systems, for said city, within or without the limits of said city, either or both, for all purposes usual and incident to waterworks, electric lights and sewerage systems, for municipal corporations, and to furnish and supply lights, heat, power, water and electrical current for such purposes as may be practicable to said city and to private parties, and to charge and collect for the same; and generally to operate, maintain, manage and conduct said waterworks, electric lights and sewerage systems, as the mayor and council of said city, may in their discretion, deem best and proper; and to acquire the necessary property, franchises, rights and easements therefor. The mayor and council shall by regulations, provide the method and manner of assessment and collecting such maintenance fee, service charge or taxes and for the issuance of fi. fa. therefor, if necessary and the collection thereof. Any delinquent tax, maintenance fee or service charge for lights, heat, power, water, electrical current or sewerage service shall become a lien on the property served by said city and subject to foreclosure. 2. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895)

Page 4688

shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit A and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of the Superior Court of Fulton County. All laws and parts of law in conflict herewith are hereby repealed. Enacted this 4th day of June, 1979. Mayor and Council for the City of College Park /s/ Ralph L. Presley Mayor Attest: /s/ Jean Conaway 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) so as to provide for the imposition of liens on property subject to delinquent charges for water, sewerage service and electricity, to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of

Page 4689

the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This the 16th day of May, 1979. /s/ Jean Conaway 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) so as to provide for the imposition of liens on property subject to delinquent charges for water, sewerage service and electricity, to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park 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 16th day of May, 1979. /s/ Jean Conaway City Clerk City of College Park Publisher's Affidavit Georgia, Fulton County. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper

Page 4690

on the 18, 25 days of May, 1979, and on the 1 day of June, 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 6 day of June, 1979. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires, Nov. 16, 1979. (Seal). Filed in Office of Secretary of State June 12, 1979. CITY OF COLLEGE PARKPENSION RIGHTS. An Ordinance to amend the charter of the City of College Park, (Ga. L. 1946, p. 432, 9; Ga. L. 1951, p. 2847, 1; Ga. L. 1952, p. 2534, 1) (Section 3-33 of the College Park Code of Ordinances), relating to the termination of pension benefits for the holding an office of or being employed by the City of College Park, to repeal conflicting ordinances, and for other purposes. Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same, that the charter of the City of College Park is hereby amended as follows: 1. By striking (Ga. L. 1946, p. 432, 9; Ga. L. 1951, p. 2847, 1; Ga. L. 1952, p. 2534, 1; Section 3-33 of the College Park Code of Ordinances) in its entirety and in lieu thereof substituting the following: Section 3-33. Cessation of Benefits. If any employee of said city, after having been granted a pension hereunder, shall thereafter become an officer, deputy or employee of this municipality, then in that event his or her pension shall cease and such pensioner shall

Page 4691

have no further rights or benefits under this law. This prohibition shall not apply to employees, who after being granted a pension are elected to the positions of mayor and members of the city council of the City of College Park. 2. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit A and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of the Superior Court of Fulton County. All laws and parts of law in conflict herewith are hereby repealed. Enacted this 4th day of June, 1979. Mayor and Council for the City of College Park /s/ Ralph L. Presley Mayor Attest: /s/ Jean Conaway 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) so as to provide for the continuation

Page 4692

of pension rights of those city employees who become members of the mayor and council of the City of College Park; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park 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 16th day of May, 1979. /s/ Jean Conaway 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) so as to provide for the continuation of pension rights of those city employees who become members of the mayor and council of the City of College Park; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park 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 16th day of May, 1979. /s/ Jean Conaway City Clerk City of College Park

Page 4693

Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the Vice President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25 days of May, 1979, and on the 1st day of June, 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 6th day of June, 1979. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal). Filed in Office of Secretary of State June 12, 1979. CITY OF COLLEGE PARKSERVICE PENSIONS, ETC. An ordinance to amend the charter of the City of College Park, (Ga. L. 1946, p. 432 et seq., 2; Ga. L. 1960, p. 2801, 3; Ord. No. 69-37, 1, 7-7-69; Section 3-20 of the College Park Code; Ga. L. 1946, p. 432, 2; Ord. No. 77-24, 1, 8-1-77; Section 3-22(b) of the College Park Code; Ga. L. 1946, p. 432, 2; Section 3-21 of the College Park Code; S. B. No. 79, 1, 4-8-65; Section 3-34(b) of the College Park Code; S. B. No. 79, 1, 4-8-65; Section 3-34(g) of the College Park Code) to increase pension benefits of city employees, to repeal conflicting ordinances, and for other purposes. Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same,

Page 4694

that the charter of the City of College Park is hereby amended as follows: 1. By striking from Ga. L. 1946, p. 432 et seq., 2; Ga. L. 1960, p. 2801, 3; Ord. No. 69-37, 1, 7-7-69; Section 3-20 the words, one hundred dollars ($100.00) per month and inserting the words thirteen hundred dollars ($1,300.00) per annum, so Section 3-20 shall read as follows: Section 3-20. Service Pension. Any such employee who has attained the age of sixty-five (65) with ten (10) years of service, or who has completed twenty-five (25) years of service on the payroll of said city, with which five (5) years or more must have been immediately preceding the right to have benefits under this article, shall be entitled to retire as a matter of right and to receive a service pension in an amount equal to one-half() the average monthly salary or wage as herein defined, paid to such employee but not exceeding the sum of thirteen hundred dollars ($1,300.00) per annum in any instance, which service pension shall be paid monthly during the remainder of the natural life of such employee, except that such pension shall cease immediately upon acceptance of such employee of other public employment of the nature defined by section 9 [3-33] of the article. Pension benefits for an employee with less than twenty-five (25) years of service shall be computed on the same basis as provided for a partial pension for disability. 2. By striking from Ga. L. 1946, p. 432, 2; section 3-21 of the College Park Code the words, one hundred dollars ($100.00) per month and inserting the words, thirteen hundred dollars ($1,300.00) per annum, so section 3-21 of the College Park Code shall read as follows: Section 3-21. Service connected disability pension. A service connected disability pension in an amount equal to one-half () the average monthly salary or wage as herein defined but not exceeding thirteen hundred dollars ($1,300.00) per annum in any instance, shall be paid to a disabled employee without regard to age or length of service, who shall become totally and permanently disabled as the direct and proximate result of any of the following causes, namely: (a) From accident suffered in line of duty as an officer or employee of said city resulting immediately in the total and permanent disability of such person; or

Page 4695

(b) From an occupational or industrial disease due to specific poisons, mechanical or chemical irritants and the like, which are recognized as a peculiar hazard of the occupation in the service of said city in which such person was engaged and of a character which other persons not so engaged do not contract; or (c) From a disease or illness resulting immediately and exclusively from emergency exposure in line of duty as an officer or employee of said city, without the intervention of natural causes. 3. By striking from Ga. L. 1946, p. 432, 2; Ord. No. 77-24, 1, 8-1-77; Section 3-22(b) of the College Park Code the words, one hundred dollars ($100.00) per month and inserting the words thirteen hundred dollars ($1,300.00) per annum, so section 3-22(b) shall read as follows: Section 3-22(b). Partial pension. Any employee of said city who is not entitled to a pension as described in subsection (a), but who has been in the active service and on the payroll of said city for ten (10) years or more of which service five (5) years or more must have been immediately preceding the right to have benefits under this article and whose health during said period of service becomes totally and permanently impaired by reason of injury, ill health, age or infirmity shall, as a matter of right, be entitled to retire and receive from the pension fund hereby created for the period that such employee's health continues to be totally and permanently impaired, a disability pension in an amount proportionate to the total number of whole years of service to the city by such employees. The disability pension provided by this section shall be allowed without regard to the age of the employee entitled thereto. The amount of such disability pension shall be such proportionate part of the service pension allowed after twenty-five (25) years of service for an employee earning the same salary or wages that the number of whole years of service by such disabled employee bears to twenty-five (25) years. To illustrate, the amount of a disability pension based on an average monthly salary or wage of one hundred seventy-five dollars ($175.00) after fifteen (15) years of service to the city would be 15/25 of one-half () of one hundred seventy-five dollars ($175.00), or the sum of fifty-two dollars and fifty cents ($52.50) per month. The amount of a disability pension based on an average monthly salary or wage of two hundred twenty-five dollars ($225.00) would after nineteen and one-half (19-) years of service be 19/25 of one-half () of two hundred

Page 4696

twenty-five dollars ($225.00) per month or the sum of eight-five dollars and fifty cents ($85.50) per month. The amount of pension allowed for disability under this subsection shall never exceed the sum of thirteen hundred dollars ($1,300.00) per annum with respect to employees in the employ of the city prior to July 1, 1965, who retain their status in the pension plan of the city as said plan existed prior to the year 1965. 4. By adding to S. B. No. 79, 1, 4-8-65; Section 3-34(b) of the College Park Code the words, Pension benefits of the class of employees having retired under this section prior to July 1, 1979 shall be increased by the sum of one hundred dollars ($100.00) per annum, so that Section 3-34(b) shall read as follows: Section 3-34. 1965 alternate pension plan. (b) Any officer or employee of the City of College Park who elects to come under the provisions of this section 1 of this amendatory Act of 1965 [this section], and the several subsections hereof, or who becomes employed by said city subsequent to the effective date of this act, [this section] and who retires as a matter of right, shall be entitled to receive a service pension in an amount equal to two per cent (2%) of the first three hundred dollars ($300.00) of his average monthly salary, plus one and one-half per cent (1-%) of his average monthly salary over three hundred dollars ($300.00), multiplied by the number of years of service. For example, an employee who retires as a matter of right after twenty-five (25) years of service, whose average monthly salary is five hundred dollars ($500.00), is entitled to a monthly pension in the amount of two hundred twenty-five dollars ($225.00) determined as follows: two per cent (2%) of the first three hundred dollars ($300.00) of average monthly salary equals six dollars ($6.00). One and one-half per cent (1-%) of the average monthly salary over three hundred dollars ($300.00) (which excess is two hundred dollars ($200.00) in this illustration) equals three dollars ($3.00). The sum of six dollars ($6.00) and three dollars ($3.00) thus obtained or nine dollars ($9.00) is then multiplied by twenty-five (25) (the number of years of service) to arrive at the monthly pension of two hundred twenty-five dollars ($225.00). Pension benefits of that class of employees having retired under this section prior to July 1, 1979 shall be increased by the sum of one hundred dollars ($100.00) per annum.

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5. By striking from S. B. No. 79, 1, 4-8-65, section 3-34(g) the words, one hundred dollars ($100.00) per month and inserting the words, thirteen hundred dollars ($1,300.00) per annum, so section 3-34(g) of the College Park Code shall read as follows: (g) The following sentence contained in section 2 of the Act of 1946 (Ga. L. 1946, p. 432) [Section 3-22 hereof], commencing in the eleventh line from the top of page 442 of said acts, is deleted in its entirety, to wit: The amount of pension allowed for disability shall never exceed the sum of $100.00 per month in any instance. And the following is substituted in lieu thereof: The amount of pension allowed for disability shall never exceed the sum of thirteen hundred dollars ($1,300.00) per annum with respect to employees in the employ of the city prior to July 1, 1965, who retain their status in the pension plan of the city as said plan existed prior to the year 1965. 6. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit A and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of the Superior Court of Fulton County. All laws and parts of law in conflict herewith are hereby repealed.

Page 4698

Enacted this 4th day of June, 1979. Mayor and Council for the City of College Park /s/ Ralph L. Presley Mayor Attest: /s/ Jean Conaway 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) so as to provide for the increase of pension benefits of city employees, to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park 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 16th day of May, 1979. /s/ Jean Conaway 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,

Page 4699

approved December 16, 1895) so as to provide for the increase of pension benefits of city employees, to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park 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 16th day of May, 1979. /s/ Jean Conaway City Clerk City of College Park Publisher's Affidavit Georgia, Fulton County. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25 days of May, 1979, and on the 1st day of June, 1979. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 6th day of June, 1979. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal). Filed in Office of Secretary of State June 12, 1979.

Page 4700

CITY OF COLLEGE PARKPENSION BOARD. An ordinance to amend the charter of the City of College Park, (Ga. L. 1946, 1) (Section 3-13 of the College Park Code of Ordinances), relating to the eligibility of the members of the pension board of the City of College Park, to repeal conflicting ordinances, and for other purposes. Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same, that the charter of the City of College Park is hereby amended as follows: 1. By striking (Ga. L. 1946, p. 432, 1; Section 3-13 of the College Park Code of Ordinances) in its entirety and in lieu thereof substituting the following: Section 3-13. Pension boardCreated; membership; function. Said pension system shall be managed by a pension board to be known as the College Park Pension Board consisting of the city clerk of the City of College Park, three (3) members of the council elected annually by the mayor and council and one (1) city employee to be elected annually by vote of all employees participating in said pension system. However, no person receiving a pension from the City of College Park shall be eligible to become a member of the College Park Pension Board. Said pension board shall pass on and determine the eligibility and qualifications of all persons applying for retirement pay or for pensions under this amendment (article) or future amendments to the charter of said city, and exercise all of the duties and privileges now or hereafter provided by law. 2. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit A and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall

Page 4701

state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of the Superior Court of Fulton County. All laws and parts of law in conflict herewith are hereby repealed. Enacted this 4th day of June, 1979. Mayor and Council for the City of College Park /s/ Ralph L. Presley Mayor Attest: /s/ Jean Conaway 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) so as to provide for the eligibility of the members of the pension board of the City of College Park; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park 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 16th day of May, 1979. /s/ Jean Conaway City Clerk City of College Park

Page 4702

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) so as to provide for the eligibility of the members of the pension board of the City of College Park; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park 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 16th day of May, 1979. /s/ Jean Conaway City Clerk City of College Park Publisher's Affidavit Georgia, Fulton County. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25 days of May, 1979, and on the 1st day of June, 1979. As provided by law. /s/ Frances K. Beck

Page 4703

Subscribed and sworn to before me, this 6th day of June, 1979. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal). Filed in Office of Secretary of State June 12, 1979. CITY OF EAST POINTORDINANCES. 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 amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as further amended is hereby further amended to amend the procedure for adopting ordinances, by enlarging the number required to object to the waiver of the first reading of an ordinance before its adoption; to provide for severability; 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 several 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 section 38 contained in that Act of 1972 (Ga. L. 1972, p. 2183) of the charter of the City of East Point and inserting in lieu thereof a new section 38 which shall read as follows:

Page 4704

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. Except as hereinafter provided, each ordinance shall be read by title at two (2) different regular meetings of the city council at any meeting of the council duly convened at which a quorum is present. Provided that the first reading of an ordinance may be waived and it given its second reading and adoption unless two (2) or more councilmen present at such meeting object to the waiver of the first reading. 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 2. The city clerk of said city is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty (60) days immediately preceding the final adoption of this ordinance. Said city clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the offices of the clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public. Said clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Section 3. 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.

Page 4705

Section 4. All ordinances, charter provisions or parts of ordinances or charter provisions in conflict herewith are hereby repealed. First Reading December 18, 1978. Second Reading January 2, 1979. The within and foregoing ordinance having been read and approved by the city council, same is hereby approved this 2nd day of January, 1979. Attested to: /s/ Bruce Bannister Mayor /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 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number required to object to a waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter 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 for the first time at the regular meeting of the city council of the City of East Point on December 18,

Page 4706

1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979. /s/ Mary Holleman, Clerk City of East Point, Georgia Publisher's Certificate Fulton County, State of Georgia. 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 (Mary Holleman), #1744 Municipal Home Rule Act of 1965 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 30th day of November, 1978. Gerald W. Crane, Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me, this 29th day of January, 1979. /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 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number required

Page 4707

to object to a waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter 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 for the first time at the regular meeting of the city council of the City of East Point on December 18, 1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979. /s/ Mary Holleman, Clerk City of East Point, Georgia Publisher's Certificate Fulton County, State of Georgia. 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 (Mary Holleman), #1744 Municipal Home Rule Act of 1965 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 7th day of December, 1978. Gerald W. Crane, Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

Page 4708

Sworn to and subscribed before me, this 29th day of January, 1979. /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 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number required to object to a waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter 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 for the first time at the regular meeting of the city council of the City of East Point on December 18, 1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979. /s/ Mary Holleman, Clerk City of East Point, Georgia Publisher's Affidavit Fulton County, State of Georgia. Personally appeared before the undersigned, a notary public within and for said county and State Gerald W. Crane, publisher of

Page 4709

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 (Mary Holleman), #1744 Municipal Home Rule Act of 1965 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 14th day of December, 1978. Gerald W. Crane, Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me, this 29th day of January, 1979. /s/ Lila B. Teal, Notary Public, Georgia, State at Large My Commission Expires July 15, 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 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number required to object to a waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter 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.

Page 4710

The ordinance will be considered for the first time at the regular meeting of the city council of the City of East Point on December 18, 1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979. /s/ Mary Holleman, Clerk City of East Point, Georgia Publisher's Affidavit Fulton County, State of Georgia. Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 4, 11, 15 days of December, 1978. As provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 22nd day of January, 1979. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large, My Commission Expires November 16, 1979. Filed in Office of Secretary of State February 12, 1979. CITY OF ELBERTONSALARIES. An Ordinance to amend article II, section 7 of the Charter of the City of Elberton, Georgia, to increase the salaries of the mayor and members of the city council. Be it ordained by the Mayor and Council of the City of Elberton, Georgia, and it is hereby ordained by authority thereof:

Page 4711

Section I. The charter of the City of Elberton, Georgia, article II, section 7, is hereby amended by deleting the following language, to wit: The mayor shall be paid a salary of fifty dollars ($50.00) per month and the members of the council shall be paid a salary of ten dollars ($10.00) per month. and substituting in lieu thereof the following language, to wit: The mayor shall be paid a salary of two hundred dollars ($200.00) per month and the members of council shall be paid a salary of one hundred dollars ($100.00) per month. Section II. This ordinance shall become effective January 1, 1980. First Reading: Councilman Jones Second Reading: Councilman Jones Adopted: August 6, 1979 I, Iola S. Stone, city clerk of the City of Elberton, Georgia, do hereby certify that the above is a true and exact copy of an ordinance adopted at the regular meeting of the mayor and city council of the City of Elberton held on August 6, 1979, and that the same appears upon the official minutes of the mayor and city council of the City of Elberton, Georgia. /s/ Iola S. Stone City Clerk Notice of Intent To Amend Charter of City of Elberton, Georgia, to Increase Salaries of Mayor and Members of Council. Notice is hereby given that an ordinance has been presented and placed on first reading to amend the charter of the City of Elberton, Georgia, to provide that the salary of the mayor be increased from fifty dollars ($50.00) per month to two hundred dollars ($200.00) per month and that the salary of the members of council be increased from ten dollars ($10.00) per month to one hundred dollars ($100.00) per month. This salary increase, if passed, will be effective on January 1, 1980.

Page 4712

This ordinance will be presented for second reading and possible passage at the regular council meeting to be held on August 6, 1979, in the city council meeting room, Municipal Building, 203 Elbert Street, Elberton, Georgia, at 7:00 o'clock p.m. A copy of the proposed amendment is on file for public inspection and examination with the clerk, City of Elberton, Municipal Building, 203 Elbert Street, Elberton, Georgia, and also with the clerk, Elbert County Superior Court, Elbert County Courthouse, Elberton, Georgia. /s/ Mary C. Taylor Notary Public Affidavit. Elbert County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the: The Elberton Star newspaper legal organ for Elbert County, the following dates, to-wit: July 17, 1979; July 24, 1979; July 31, 1979. Sworn to on the 2nd day of August, 1979. /s/ R. L. Williford Publisher Filed in Office of Secretary of State August 22, 1979. CITY OF HAZLEHURSTSALARIES. Motion made by Commissioner M. D. Coleman as follows: Whereas under the provisions of section 69-1019 of the Code of the Laws of Georgia, the governing authority of each municipality is

Page 4713

authorized to fix the salary, compensation, expenses of its members; however, such increase not to be effective until after the taking of office of those elected at the next regular municipal election, and which can not be taken during the period of time beginning with the date the candidates for election to membership on the municipal governing authority may first qualify as such candidates and ending with the date members of the municipal governing authority take office following the election, and it shall not be taken until after notice to do so has been published in a newspaper of general circulation in such municipality at least once a week for three weeks immediately preceding the week during which said action is taken. Therefore it be moved that the salary of the mayor of the City of Hazlehurst be increased from the present salary of $200.00 per month to a salary not to exceed $400.00 per month, and the salary of each city commissioner be increased from a salary of $100.00 per month not to exceed a salary of $200.00 per month, to be effective January 1, 1980. Further that this motion be acted upon at the regular meeting of the mayor and commissioners of the City of Hazlehurst to be held beginning at 8:00 P.M. on June 12, 1979 and that notice of intention to increase such compensation be published in The Jeff Davis County Ledger at least once a week for three weeks immediately preceding the week during which such action is to be taken. Be it further ordained that at said meeting the mayor and commissioners shall have the option to decrease or increase said proposed increase in compensation for the mayor and commissioners. Commissioner Raleigh Spell seconded said motion. Those voting in favor of it were Commissioners M. D. Coleman, Raleigh Spell, Eugene Carter. Commissioner Barnie O'Quinn Jr. against said motion. Carried. Dated: May 8, 1979 /s/ Wyatt W. Spann Mayor Attest: /s/ Mrs. Linton Grant City Clerk

Page 4714

Motion was made by Commissioner M. D. Coleman as follows: Whereas a motion was made and passed at the meeting of the mayor and commissioners of the City of Hazlehurst, Georgia held May 8, 1979 that the compensation of the mayor and commissioners of the City of Hazlehurst be increased effective after the taking of office of those elected at the next regular municipal election which is held immediately following the date at which the action to increase such compensation was taken. And whereas this action will not be taken during the period of time beginning with the date that candidates for election to membership in the municipal governing authority may first qualify as such candidates and ending with the date members of the municipal governing authority take office following election, and whereas notice of intention to do so was published in a newspaper of general circulation in the City of Hazlehurst at least once a week for three consecutive weeks immediately preceding the week in which this action was taken, that therefore the salary of the mayor of the City of Hazlehurst be increased to where it will be $400.00 per month and the salaries of each of the commissioners be increased to where it will be $200.00 per month effective January 1, 1980, and that a certified copy of this ordinance as well as of said ordinance implementing said action which was passed on May 8, 1979 and affidavit of a duly authorized representative of The Jeff Davis County Ledger showing publication of the notice of the intention to make this increase be furnished to the Secretary of State and to the clerk of the Superior Court of Jeff Davis County, Ga. Commissioner Raleigh Spell seconded said motion. Those voting in favor of said motion were Commissioners M. D. Coleman, Raleigh Spell, and Eugene Carter. Those voting against said motion were Commissioners Barnie O'Quinn, Jr. Carried. Dated: June 12, 1979 /s/ Wyatt W. Spann Mayor Attest: /s/ Mrs. Linton Grant City Clerk

Page 4715

Legal. Notice is hereby given of the intention of the mayor and commissioners of the City of Hazlehurst to adopt a resolution increasing the compensation of the mayor and commissioners of the City of Hazlehurst to be effective January 1, 1980. The motion to increase said compensation will be acted on by the mayor and commissioners at the meeting of the mayor and commissioners of the City of Hazlehurst to be held beginning at 7:30 p.m. at the city hall in Hazlehurst, Ga. on June 12, 1979. This the 8th day of May, 1979. /s/ W. W. Spann Mayor Attest: Mrs. Linton Grant City Clerk Georgia, Jeff Davis County. Personally appeared before me Tommy Purser who, being duly sworn, deposes and on oath says: That he is the editor and manager of the Jeff Davis County Ledger, a newspaper of general circulation in Jeff Davis Co., Ga. and that the foregoing notice was published at least once a week for three consecutive weeks immediately preceding June 12, 1979 in said newspaper. /s/ Tommy Purser Sworn to and subscribed to before me, this the 12th day of June, 1979. /s/ Mrs. Linton Grant Notary Public, Jeff Davis Co., Ga. My Commission Expires May 10, 1983. Filed in Office of Secretary of State July 19, 1979.

Page 4716

CITY OF LYONSCHARTER AMENDED. An ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Lyons, Georgia approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, so as to provide for qualifications for office of mayor and council; to provide for qualifying fees for the office of mayor and council; 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 therefrom 4 in its entirety and substituting a new 4 as follows: 4. Qualifications for Office. Any resident of said city, who shall be twenty-one (21) years of age, who shall have been a resident of the State of Georgia for a period of twelve (12) months and of the City of Lyons for six (6) months, and who shall be eligible to vote in said city, shall be eligible to the office of mayor or councilman of said city, such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. The governing authority of The City Of Lyons, at least two weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent or clerk at the time a candidate files his notice of candidacy. In no event shall such fee exceed the amount established by Georgia law. (See Ga. Code Ann. 34A-904). Section 2. All laws and parts of law in conflict with this act are hereby repealed. Section 3. In the event any article, section, subsection, sentence, clause, or phrase of this ordinance shall be declared or judged 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

Page 4717

invalid or unconstitutional was not originally a part hereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts would be declared or adjudged invalid or unconstitutional. Approved: W. T. Aiken, Mayor J. Sims Alexander, Council Member Marilyn V. Durden, Council Member Leon F. Curl, Council Member L. Howard Sharpe, Council Member E. J. Phillips, Council Member. Adopted October 2, 1979. Final Adoption November 6, 1979. 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 6th day of November, 1979. /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. Laws, 1907, p. 765), as amended, so as to provide for qualifications for the office of mayor and council; to provide for qualifying fees for the office of mayor and council; to provide for repeal of conflicting laws; to provide for severability; and for other purposes. 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

Page 4718

Court of Toombs County for the purpose of examination and inspection by the public. This 2nd day of October, 1979. /s/ Jackie Alexander City Clerk Layne Layne, Attorneys for the City of Lyons Affidavit. Tombs County, Georgia. 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 preceding Legal Notice was published in said newspaper on 11th day of October, 1979, 18th day of October, 1979, and 25th day of October, 1979. /s/ Harold Rhoden Sworn to and subscribed before me, this 6th day of November, 1979. /s/ Alvin L. Layne Notary Public. Filed in Office of Secretary of State, November 20, 1979. CITY OF MARIETTAMAYOR PRO TEM. Ordinance No. 3599. An Ordinance to amend the charter of the City of Marietta (1977 Georgia Laws, 3541, 3550) to provide for certain procedures in selecting the mayor pro tem; to repeal conflicting ordinances, and for other purposes.

Page 4719

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. That section 2.7 of the charter of the City of Marietta, Georgia (1977 Georgia Laws, 3541, 3550) is hereby stricken in its entirety and inserted therein the following: Section 2.7. Mayor Pro Tem; presiding officer. The mayor pro tem shall be appointed at the December meeting of each year for a term of one year from the councilmen by the mayor with the consent of a majority of the council. The mayor pro tem shall be clothed with all rights, powers and duties of the mayor during the absence or disability of the latter officer. If there shall be a vacancy in the office of the mayor pro tem, the mayor, with the consent of a majority of the council, may fill the same at any regular meeting of the council, or in vacation. In the event of the death or resignation of the mayor, or his removal from office, the mayor pro tem shall discharge the duties of the mayor until the vacancy is filled by the selection of a successor as hereinafter provided. Provided, however, if the mayor should not appoint, with the consent of council, a mayor pro tem by December 31 of each year, the council may select the mayor pro tem by majority vote of the council. 2. This ordinance shall be considered by the council of the City of Marietta on May 9, 1979, at 7:00 p.m. and on June 13, 1979, beginning at 7:00 p.m. in the police hearing room, Lawrence Street, Marietta, Georgia. 3. Be it further ordained that a notice describing the synopsis of this ordinance shall be placed in the county organ of Cobb County once a week beginning April 20, 1979, and continuing each Friday through June 8, 1979, being a total of eight (8) times. 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 said amendment by applying in writing to the above described offices.

Page 4720

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. Resolved this 11th day of April, 1979. /s/ J. Dana Eastham, Mayor Attest: /s/ Barbara M. Goscha, City Clerk Approved as to form: /s/ Roy E. Baines City Attorney Ordinance voted on for the first time May 9, 1979 by a vote of 4 Ayes, 3 Nays. Ordinance voted on for the second time June 13, 1979 by a vote of 4 Ayes, 3 Nays. /s/ J. Dana Eastham, Mayor Attest: /s/ Barbara M. Goscha City Clerk Approved as to form: /s/ Roy E. Barnes City Attorney Filed in Office of Secretary of State July 6, 1979. Editors note: See Advertisement, etc. following Ordinance No. 3600, Page 4723.

Page 4721

CITY OF MARIETTABOARD OF LIGHTS AND WATERWORKS. Ordinance No. 3600. An Ordinance to amend the charter of the City of Marietta (1977 Georgia Laws, page 3541, et seq.) so as to provide that the council appointment to the board of lights and water shall be with the consent of the city council, and for other purposes. Be it ordained by the Council of the City of Marietta, and it is hereby ordained by the authority of the same, as follows: 1. That section 5.1 of the charter of the City of Marietta, (1977 Georgia Laws, 3541, 3580) is hereby stricken in its entirety and inserted therein the following: 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 and a member of the council of the City of Marietta who shall be appointed by the mayor, with the consent of the majority of council, each December, to be effective January 1 for a one year term, and of three (3) residents of Marietta. If a nomination of a member of the council is not made by the mayor by December 31 of each year, the councilmen may select the council appointment from the council by majority vote. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks, but shall not be a member of the board, and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the term of four years from the time of said election. The members of the board shall be paid such compensation as is set by the council.

Page 4722

2. This ordinance shall be considered by the council of the City of Marietta on May 9, 1979, at 7:00 p.m. and on June 13, 1979, beginning at 7:00 p.m. in the police hearing room, Lawrence Street, Marietta, Georgia. 3. Be it further ordained that a notice describing the synopsis of this ordinance shall be placed in the county organ of Cobb County once a week beginning April 20, 1979, and continuing each Friday through June 8, 1979, being a total of eight (8) times. 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 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. Resolved this 11th day of April, 1979. /s/ J. Dana Eastham, Mayor Attest: /s/ Barbara M. Goscha, City Clerk Approved as to form: /s/ Roy E. Baines City Attorney

Page 4723

Ordinance voted on for the first time May 9, 1979 by a vote of 4 Ayes, 3 Nays. Ordinance voted on for the second time June 13, 1979 by a vote of 4 Ayes, 3 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. Cobb County, City of Marietta. I, Barbara M. Goscha, do hereby certify that I am clerk and keeper of the records for the City of Marietta, and as such, do certify that the attached ordinance numbers 3599 and 3600 are true and correct copies as same appears of record as approved by the governing body on first reading May 9, 1979, and final reading on June 13, 1979. Witness my hand and seal of this office this 27th day of June, 1979. /s/ Barbara M. Goscha City Clerk Public Notice. Notice is hereby given that the Council of the City of Marietta, Georgia, shall consider on May 9, 1979, beginning at 7:00 P.M. and on June 13, 1979, 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 Georgia Laws, 3541, et seq.) to require the consent of the majority of the council for the appointment

Page 4724

of the council appointment to the board of water and lights; and to require that the council shall be empowered to appoint the council appointment under certain circumstances; to require the approval of the majority of the council for the appointment of the mayor pro tem, to provide for the appointment by the council of the mayor pro tem under certain circumstances, to allow the mayor to veto any measure passed by the council, and to provide that the veto may be overridden by the council. Copies of the proposed amendments are on file in the office of the clerk of the City of Marietta, 36 Atlanta Street, Marietta, Georgia, and also on file 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 documents should apply in writing to the above described offices. All interested parties are invited to attend. /s/ John M. Crane City Manager Cobb County, City of Marietta, Georgia. I, Carl McNeil, holding the position of controller, the official gazette for legal advertisements in Cobb County, Marietta, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal eight times, once on each of the following dates: Friday, April 20, 1979; Friday, April 27, 1979; Friday, May 4, 1979; Friday, May 11, 1979; Friday, May 18, 1979; Friday, May 25, 1979; Friday, June 1, 1979; Friday, June 8, 1979. This 8th day of June, 1979. /s/ Carl McNeil, Controller Sworn to and subscribed before me, this 8th day of June, 1979. /s/ Thelma Kemp Richards Notary Public (Seal) Filed in office of Secretary of State July 6, 1979.

Page 4725

CITY OF NEWNANRETIREMENT. An ordinance to amend the Charter of the City of Newnan by repealing section 12-6(1) of the Charter of the City of Newnan in its entirety, and to add a new section 12-6(1) to the Charter of the City of Newnan. Be it ordained, and it is hereby ordained by the authority of the mayor and the board of aldermen of the City of Newnan and Georgia Code section 69-1017 (Ga. Laws 1965, Pages 298 and 299; 1966, page 296; 1976, page 1429) that section 12-6(1) of the charter of the City of Newnan be and is hereby repealed in its entirety and a new section 12-6(1) is hereby added to the charter of the City of Newnan to read as follows: 12-6(1) A Participant may remain in employment beyond his normal retirement date, but not beyond age 70. At request of the city, a participant may remain in employment beyond age 70 for such period or periods as shall from time to time be mutually agreed upon. Each participant so remaining shall retire from employment on the first (1st) day of the month coinciding with or next following the month of actual retirement. Be it further ordained that all charter provisions in conflict herewith are hereby repealed. Adopted in open session for the first time by the mayor and board of aldermen of the City of Newnan, this 23rd day of July, 1979. /s/ Joe B. Norman, Mayor /s/ Alvin E. Johnston /s/ Billy A. Abraham /s/ Otis F. Jones, Sr. /s/ S. Pope Jones, Jr. Board of Aldermen Attest: /s/ Martha C. Ball, City Clerk Reviewed: /s/ Richard A. Bolin, City Manager /s/ Charles L. Goodson, City Attorney

Page 4726

Adopted in open session for the second time by the Mayor and Board of Aldermen of the City of Newnan, this 6th day of August, 1979. /s/ Joe B. Norman, Mayor /s/ Alvin E. Johnston /s/ Billy A. Abraham /s/ Otis J. Jones, Sr. Board of Aldermen Attest: /s/ Martha C. Ball, City Clerk Reviewed: /s/ Richard A. Bolin, City Manager Reviewed: /s/ Charles L. Goodson, City Attorney Certificate of City Clerk. I hereby certify that the above and foregoing is a true and correct copy of an ordinance to amend the charter of the City of Newnan, Georgia, filed in the office of the city clerk on the 8th day of August, 1979. Witness my hand the official seal of the City of Newnan, Georgia This 8th day of August, 1979. /s/ Martha C. Ball City Clerk Legal Notice. Notice is hereby given that a proposed amendment to the city charter of Newnan will be considered by the mayor and board of

Page 4727

aldermen of the City of Newnan, which will amend the charter of the City of Newnan and amend the retirement plan of the City of Newnan so as to provide for postponed retirement for City of Newnan employees. A copy of said proposed amendment is on file in the office of the clerk of the City of Newnan and the office of the clerk of the Superior Court of Coweta County for the purpose of examination and inspection by the public. The clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. This 6th day of July, 1979. /s/ Charles L. Goodson, Sanders, Mottola, Haugen, Goodson, City Attorney City of Newnan Coweta County, Georgia. Personally appeared before the undersigned officer authorized to administer oaths, W. W. Thomasson, who, after being duly sworn on oath, deposes and states that he is the publisher of the Newnan Times-Herald, which is the official organ of Coweta County, and that the following notice to amend the charter of the City of Newnan was published in the Newnan Times-Herald on the following dates: July 12, July 19 and July 26, 1979. Notice is hereby given that a proposed amendment to the city charter of Newnan will be considered by the mayor and board of aldermen of the City of Newnan, which will amend the charter of the City of Newnan and amend the retirement plan of the City of Newnan so as to provide for postponed retirement for City of Newnan employees. A copy of said proposed amendment is on file in the office of the clerk of the City of Newnan and the office of the clerk of the Superior Court of Coweta County for the purpose of examination and inspection by the public. The clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. This 13th day of August, 1979. /s/ W. W. Thomasson

Page 4728

Sworn to and subscribed before me, this 13th day of August, 1979. /s/ Virginia Starr Mottola Notary Public (Seal) Filed in Office of Secretary of State August 28, 1979. CITY OF OAKWOODINSURANCE LICENSE FEES. Ordiance No. 65. An Ordinance regulating and levying license fees and taxes upon the conduct of an insurance business within the City of Oakwood; and for other purposes. Be it ordained by the Mayor and Council of the City of Oakwood and it is hereby ordained by authority thereof. Section 1. Company License fee. There is hereby levied for the year 1979 and for each year thereafter an annual license fee upon each insurance company insuring risks within the City of Oakwood in the amount of fifteen dollars ($15), plus an additional license fee of fifteen dollars ($15), for each separate business location in excess of one operated and maintained by such company within the City of Oakwood; provided, however, that said license fee shall entitle a company to write only one class of insurance, and any company writing more than one class of insurance shall be liable for additional such license fees for each class of insurance written within the City of Oakwood. For the purposes of this ordinance the insurance business is classified according to the five classes enumerated in section 53-305 of the Georgia Insurance Code. Section 2. Agency License fee: Independent agencies, Brokers, etc., not otherwise licensed: There is hereby levied for the year 1979 and for each year thereafter an annual license fee upon each separate

Page 4729

business location from which an insurance business is conducted and which is not subject to the company license fees imposed by section 1 hereof, in the amount of fifteen dollars ($15) for each such location within the City of Oakwood; Provided, however, that said license fee shall authorize only the class of insurance business to be conducted from such location, and the writing of more than one class of insurance from such a location shall render such location liable for an additional such license fee for each class of insurance written. Section 3. Gross premium tax, Life, Accident, and Sickness Insurance. There is hereby levied for the year 1979 and for each year thereafter an annual tax upon each company writing life, accident and sickness insurance doing business within the City of Oakwood in an amount equal to one per cent (1%) of the gross direct premium received during the preceding calendar year from policies upon the lives of persons residing within the corporate limits of the City of Oakwood. Gross Direct Premiums as used in Section 56-1303 of the Insurance Code of Georgia. The tax levied by this Section is in addition to the license fees levied by Section 1. Section 4. Gross Premium Tax, All other companies: There is hereby levied for the year 1979 and for each year thereafter an annual tax upon each company doing an insurance business within the City of Oakwood in an amount equal to one per cent (1%) of the gross direct premiums received during the preceding calendar year from policies upon risks located within the corporate limits of the City of Oakwood, excluding premiums taxed under Section 3. The tax levied by this Section is in addition to the license fee levied by Section 1. Section 5. The taxes as provided for in this ordinance are passed on the authority granted in section 56-1310 of the Georgia Insurance Code. Section 6. Administrative Provisions. A. The license fees levied by Section 1 and 2 hereof are due and payable on January 1, 1979, and on January 1 of each succeeding year. Any such license fee not paid by February 1 for each respective year shall be delinquent.

Page 4730

B. The premium taxes levied by sections 4 and 6 hereof are due and payable upon the effective date of this ordinance. Any company not reporting and paying the premium tax on or before forty-five (45) days from the effective date of this ordinance shall be delinquent. C. Every insurance company doing business within the City of Oakwood and subject to the fees and taxes herein imposed shall file with the city clerk, on forms precribed by her, a report showing the names and addresses of its agents representing such company in the City of Oakwood; the location and person in charge of each and every business location within the city operated and maintained by such company; the classes of insurance written; and such other reasonable information as may be required, and, in addition, shall furnish complete information regarding the premium received, by class, from policies written on risks residing or located within the City of Oakwood. Such report shall be made over affidavit of an officer of such company. It is hereby declared to be a violation of this ordinance for any person, firm, corporation or their agents to knowingly give false or incomplete information on any such report. Said report shall be filed at the time of paying the license fee and premium tax. D. The person responsible for each such insurance business location subject to license fee under section 2 hereof shall file with the city clerk a report on forms prescribed by him, showing the address of the business location, the class or classes of insurance written; the names of the persons writing insurance at such location; the names of the companies represented and such other reasonable information as may be required. The report shall be made over affidavit of the person in charge of such business location. It is hereby declared to be a violation of this ordinance for any person, firm, corporation or their agents to knowingly give false or incomplete information on any such report. Said repoort shall be filed at the time of paying the license fee. E. All reports required to be filed under this ordinance shall be confidential and the information contained therein shall be solely for the use of the officers of the city responsible for administering this ordinance. Section 7. Enforcement: The fees and taxes levied by this ordinance may be enforced by execution in the same manner as other

Page 4731

taxes of the City of Oakwood. A violation of this ordinance shall be grounds for refusing or revoking a license, and the person responsible may be punished as for violations of other city ordinances. Section 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. /s/ Lamar Scroggs Mayor /s/ H. H. Lincoln Member of Council /s/ Harold Scruggs Member of Council /s/ Donald T. Wood Member of Council /s/ Montie R. Robinson Member of Council First reading August 13, 1979. Published August 16, 1979. Passed September 10, 1979. Legal Notice. The caption or title of the following ordinance is hereby published prior to passage as required by charter of the City of Oakwood. An Ordinance No. 65. An ordinance regulating and levying license fees and taxes upon the conduct of an insurance business within the City of Oakwood: and for other purposes. A complete copy of this ordinance is available for inspection at the City Hall in Oakwood, Georgia.

Page 4732

This is to certify that the advertising appearing on this statement was published in our paper on the dates shown. /s/ H. L. Milton Controller Sworn to and subscribed before me, this the 2nd day of October, 1979. /s/ Betty Dee Notary Public Hall County, Georgia. I, Pat Dozier, clerk of the City of Oakwood, Georgia, do hereby certify that the attached ordinance which appears of record in the minutes of the proceedings of the City of Oakwood, known as Ordinance No. 65, which was duly passed on September 10, 1979, and that same is a true and correct copy of said Ordinance. Witness my official signature and seal of the City of Oakwood, Georgia, on this 21st day of September, 1979. /s/ Pat Dozier City Clerk City of Oakwood, Georgia (Seal). Filed in Office of Secretary of State October 9, 1979. CITY OF PEACHTREE CITYMUNICIPAL COURT. An ordinance to amend the charter of the City of Peachtree City, as amended, so as to change the name of the recorder's court to the municipal court of Peachtree City, to change the title of the presiding officer of such court from recorder to judge, to change the title of the recorder pro tem to judge pro hac vice, to change the method of judicial review from an appeal to a writ of certiorari, to increase the

Page 4733

maximum jurisdiction of the municipal court, to repeal conflicting laws and ordinances, and for other purposes. Be it ordained by the mayor and council of the City of Peachtree City, and it is so ordained by the authority thereof, pursuant to the authority vested in the mayor and council as the governing authority of the City of Peachtree City, by Georgia Code Title 69-1017 (a) and (b) 1, (Acts 1965, pp. 298, 299), known as the Home Rule Bill, to amend its charter, said charter is hereby amended as follows: Section 1. Section 2 of an Act of the General Assembly approved March 5, 1970, (Ga. L. 1970, p. 2286), amending an Act of the General Assembly creating and incorporating Peachtree City in the County of Fayette, Georgia, approved March 9, 1959, (Ga. L. 1959, p. 2409), is hereby amended by striking the name Recorder's Court wherever it appears in said Act and substituting in lieu thereof the name Municipal Court; by striking the title recorder, wherever it appears in said Act and substitute the title judge; and by striking the title recorder pro tem wherever it appears in said Act, and substituting the title judge pro hac vice. Section 2. Section 48 of an Act of the General Assembly, approved March 9, 1959, (Ga. L. 1959, p. 2409), as enacted in Section 2 of an Act approved March 5, 1970, (Ga. L. 1970, p. 2286), is hereby amended by striking the first sentence thereof, which reads as follows: The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of Peachtree city passed in accordance with this charter, to an amount not to exceed two hundred dollars ($200.00) for each offense; to imprison offenders for a period of not more than sixty (60) days for each offense; or at labor on the roads and streets or other public works of said city for not more than sixty (60) days for each offense; and 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., and by inserting and adding in lieu thereof the following: Unless a lesser penalty is provided by ordinance the judge shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of Peachtree City passed in accordance with

Page 4734

this charter, to an amount not to exceed one thousand dollars ($1,000.00) for each offense; to imprison offenders for a period of not more than twelve months (12) for each offense; or at labor on the roads and streets or other public works of said city for not more than twelve (12) months for each offense; any one or more of these punishments in the discretion of the judge. Section 3. Section 49 of an Act of the General Assembly, approved March 9, 1959, (Ga. L. 1959, p. 2409), as enacted in Section 2 of an Act approved March 5, 1970, (Ga. L. 1970, p. 2286), is hereby amended by deleting said section in its entirety, thereby repealing it, and adopting in lieu thereof a new section 49 to read as follows: Section 49. Right of Judicial Review of Final Judgments and Sentences. Any defendant who is dissatisfied with the judgment or sentence of the municipal court shall have the right to seek review of said judgment or sentence by filing a petition for the writ of certiorari in the Superior Court of Fayette County as provided by the general law of this State. Upon the filing of a notice of intention to petition for certiorari with the clerk of the municipal court in writing and within ten (10) days after the date of the final judgment, it shall be the duty of the judge of said court to assess a reasonable bond pending the review of the judgment of conviction, with such surety or sureties to be approved by the clerk of said court, and such bond, when filed and approved as provided herein, shall act as a supersedea of judgment until the final judgment of the superior court. Section 4. Effective Date. This ordinance shall take effect on the date of its final approval by the mayor and council. Section 5. Repeal. All laws and ordinances in conflict with this ordinance are hereby repealed. Adopted on first reading this 1st day of February, 1979. /s/ Holt E. Frady Mayor Attest: /s/ Frances Meaders City Clerk

Page 4735

Adopted on second and final reading this 1st day of March, 1979. /s/ Holt E. Frady Mayor Attest: /s/ Frances T. Meaders City Clerk Fayette County, Georgia. I, Frances T. Meaders, city clerk of the City of Peachtree City, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the mayor and council of the City of Peachtree City as its two regular consecutive meetings on February 1, 1979, and March 1, 1979, as the same appears on file and record in my office. Witness my signature and the official seal of the City of Peachtree City. This 1st day of March, 1979. /s/ Frances T. Meaders City Clerk City of Peachtee City Notice. Notice is hereby given that an ordinance will be presented to the mayor and council of the City of Peachtree City for final adoption on March 1, 1979, 7:30 p.m. at the city hall in Peachtree City to amend the charter of the city pursuant to authority granted by the Home Rule Bill, Georgia Laws 1965, pp. 298, 299, (Georgia Code Title 69-1017 (a) and (b) 1,) and was presented for first reading on February 1, 1979 at 7:30 p.m. at the same place. The proposed charter amendment will change the name of the recorder's court to the municipal court of Peachtee City, change the title of the recorder to judge, change the title of the recorder pro tem to judge pro hac vice, increase the permissible penalties to be inflicted

Page 4736

by the court, change the method of appeal to petitions for certiorari, and repeal conflicting laws and ordinances. A copy of the proposed amendment is on file in the office of the city clerk of the City of Peachtree City at the city hall, and in the office of the clerk of Superior Court of Fayette County for the purpose of examination and inspection by the public. /s/ Frances Meaders City Clerk Affidavit. I, James C. Booth, Jr., publisher of This Week, a newspaper of general circulation in Fayette County and Peachtree City, Ga., hereby certify the following: I certify that a legal advertisement concerning a proposed charter amendment changing the name of the recorder's court to the municipal court of Peachtree City did appear in the February 7, February 14 and February 21 editions of this newspaper. /s/ James C. Booth, Jr. Publisher /s/ Frances T. Meaders Notary Public, Georgia, State at Large. My Commission Expires May 16, 1981. (Seal). Filed in Office of Secretary of State March 14, 1979.

Page 4737

CITY OF ST. MARYSCITY MANAGER. To amend an Act creating a new charter and municipal government for the City of St. Marys (Ga. Laws 1910, p. 1086), as amended, so as to provide for a city manager; to provide for appointment, qualifications, and removal of the city manager, to provide for an acting city manager; to provide for powers and duties of the city manager; and for other purposes. Be it ordained by the Mayor and Council of the City of St. Marys, Georgia. Section 1. An Act creating an new charter and municipal government for the City of St. Marys (Ga. Laws 1910, p. 1086), as amended, is hereby amended by adding following section 3 a new section 3A to read as follows: Section 3A. (a) A city manager shall be appointed by a majority vote of all council members for a term set by contract with the city manager. (b) The city manager shall be chosen solely on the basic of executive, administrative, and managerial qualifications with special reference to actual experience in or knowledge of accepted practices in respect to the duties of the office hereinafter set forth. At the time of appointment, he or she need not be a resident of the city or the State, but during the tenure of office he or she shall reside within the city. (c) No council member shall receive this appointment during the term for which the member was elected nor within one (1) year after the expiration of that term. (d) The council may remove the city manager by such procedure as may be set out in the city manager's contract with the city. (e) The mayor shall serve as acting city manager to exercise the powers and perform the duties of the city manager during any temporary absence or disability, which disability shall be acknowledged by a motion adopted by a majority vote of all council members present. (f) The city manager shall:

Page 4738

(1) be the chief administrative officer of the city; (2) be responsible to the council for the proper administration of all affairs of the city; (3) appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city except as otherwise provided by State law, this charter, or personnel ordinances of the city; (4) be authorized to delegate the appointment and removal powers in (3) above to each department head of the city for that department; (5) nominate for appointment any officers, agents, or employees of the city required to be appointed by the council and no appointment hereunder shall be made without the endorsement of the city manager; (6) prepare and submit an operating and capital improvements budget annually to the council; (7) prepare and submit to the council, at the end of each fiscal year, a report on the administrative and financial activities of the city for the preceding year; (8) make any other reports on the operation of any aspect of the city operation as the council may request by motion; and (9) perform any other duties and exercise any other powers as directed by ordinance consistent with this charter and State law. (g) The city manager shall appoint and remove all department heads with the consent of the council adopted by motion and may personally serve as department head of any and all departments. (h) The city manager shall enter into contracts only with the consent of the council adopted by motion or as authorized by ordinance. Section 2. This amendment shall become effective on April 12, 1979.

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Section 3. All ordinances or resolutions in conflict herewith are hereby repealed. Certificate I, Jane C. Howard, the duly appointed, qualified and acting clerk of the City of St. Marys, Georgia, do hereby certify that the attached ordinance is a true and correct copy of an ordinance adopted at the regular meetings of the mayor and council of the City of St. Marys held on March 1, 1979 and April 5, 1979, as it appears on record and file at city hall. In testimony whereof, I have hereunto set my hand and affixed the seal of the City this 6th day of April, 1979. /s/ Jane C. Howard, City Clerk Legal Notice. Notice of Proposed Amendment to City Charter of the City of St. Marys. Notice is hereby given that the Mayor and Council of the City of St. Marys, Georgia will, at their regular meetings on March 1, 1979 and April 5, 1979 act to amend the city charter of the City of St. Marys. The proposed amendment will add a new section 3A to the city charter to provide for a city manager of the City of St. Marys; to provide for appointment, qualifications, and removal of said city manager; to provide for the mayor to serve as acting city manager during the absence or disability of the city manager; and to provide for the duties, powers, and responsibilities of the city manager. A copy of the proposed amendment is on file in the office of the clerk of the City of St. Marys and in the office of the clerk of the Superior Court of Camden County, Georgia, for the purpose of examination and inspection by the public. Upon written request to the City of St. Marys, the City shall furnish anyone so requesting a copy of the proposed amendment. /s/ Alvin J. Dickey, Mayor of the City of St. Marys

Page 4740

Affidavit of Publisher. Georgia, Camden County. Personally appeared before the undersigned, officer, duly anuthorized to administer oaths, Carlton Roberts, who, after being duly sworn, deposes and says on oath that he is the editor and the manager of the Camden County Tribune, which is a newspaper of general circulation in the municipality of St. Marys, Georgia, the same being a public newspaper published in St. Marys, Camden County, Georgia, and that the notice attached hereto was published once a week for three weeks in said newspaper in the issues of February 22, 1979, March 1, 1979, and March 8, 1979. /s/ Carlton Roberts Sworn to and subscribed before me, this 9th day of April, 1979. /s/ Paula A. McCall Notary Public, Georgia State At Large. My Commission Expires April 28, 1981. Filed in Office of Secretary of State April 13, 1979. CITY OF THOMASVILLESALARIES. An Ordinance to amend the charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled An Act to incorporate the Town of Thomasville as the City of Thomasville, (Ga. Laws 1888-1889, pages 854-864, inclusive), as amended by several subsequent Acts, by striking in its entirety section 7 of the charter, which is section 12 of the charter as codifed, captioned Salary of Mayor and Commissioners, and substituting therefor an entirely new section 7 of the charter, which would be section 12 of the charter as codified, captioned Salary of Mayor and Commissioners, so as to change the salary to be received by the commissioners and the salary to be received by the one of their number designated as mayor and to provide that this ordinance shall

Page 4741

in no wise change the existing charter or form of government of the City of Thomasville in any manner, except the compensation to be received by the board of commissioners and the commissioner designated as mayor; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes. Section I. Be it ordained by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same that the charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled An Act to incorporate the Town of Thomasville as the City of Thomasville, (Ga. Laws 1888-1889, pages 854-864, inclusive), as amended by several subsequent acts, which acts and amendments provided the salary of the mayor and commissioners, be, and the same is hereby amended by striking in its entirety section 7 of the charter, which is section 12 of the charter as codified, captioned Salary of Mayor and Commissioners, and substituting therefor an entirely new section 7 of the charter, which would be section 12 of the charter as codified, captioned Salary of Mayor and Commissioners, such new section 7 to read as follows: Section 7. Be it further enacted that from and after the effective date of this ordinance, each commissioner, except the commissioner designated as mayor, shall receive a salary of two hundred fifty dollars ($250.00) per month, payable monthly out of the treasury of said city. On and after the effective date of this ordinance, the commissioner chosen to act as mayor shall receive a salary of three hundred fifty dollars ($350.00) per month, payable monthly out of the treasury of the said city. Section II. Be it further ordained that the provisions of this ordinance increasing the compensation of the members of the board of commissioners and the provision increasing the salary of the commissioner chosen to act as mayor shall become effective on and after January 4, 1980. Section III. Be it further ordained that all portions of the charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section IV. Be it further ordained that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.

Page 4742

Section V. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things, the substance of this ordinance with a certificate of the president of that corporation known as the Times-Enterprise Company, Incorporated, and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance. This ordinance was introduced and read at a lawful meeting of the board of commissioners of the City of Thomasville held March 26th, 1979, and read the second time, passed, and adopted in like meeting held April 23rd, 1979. /s/ J. A. Bracey Mayor /s/ J. F. Ariail Clerk Georgia, Thomas County. Certified a true copy of original ordinance and attached document. This 25th day of April, 1979. /s/ J. F. Ariail City Clerk Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Julius F. Ariail, Clerk of the City of Thomasville, Georgia, who, on oath, deposes and says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 26th day of March, 1979, for the purpose of examination and inspection by the public.

Page 4743

Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the board of commissioners for the City of Thomasville and that the foregoing ordinance is a true and exact copy of that ordinance, which was adopted by the city of Thomasville in a regular meeting of the board of commissioners held in chambers on the 23rd day of April, 1979, the original of which is in my possession and appears as a part of the official minutes of that meeting. /s/ Julius F. Ariail, City Clerk Sworn to and subscribed before me, this the 23rd day of March, 1979: /s/ Louise W. Dukes Notary Public, Thomas County, Georgia. My Commission Expires March, 24, 1982. Thomasville By Ordinance Pursuant To The Provisions Of That Act Of The General Assembly Of Georgia Known As The Municipal Home Rule Act of 1965. City Of Thomasville, Georgia. Notice is hereby given that an Ordinance will be introduced and read for final adoption on April 23, 1979, to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled An Act to Incorporate the Town of Thomasville as the City of Thomasville, (Ga. Laws 1888-1889, Pages 854-864, inclusive), as amended by several subsequent Acts, by striking in its entirety Section 7 of the Charter, which is Section 12 of the Charter as codified, captioned Salary of Mayor and Commissioners, and substituting therefor an entirely new section 7 of the Charter, which would be section 12 of the Charter as codified, captioned Salary of mayor and commissioners, so as to change the salary to be received by the commissioners and the salary to be received by the one of their number designated as Mayor and to provide that this ordinance shall in no wise change the existing charter or form of government of the City of Thomasville in any manner, except the compensation to be received by the board of commissioners

Page 4744

and the commissioner designated as Mayor; to provide the effective date of this Ordinance; to repeal all ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the clerk of the City of Thomasville is on file in the Office of the clerk of the Superior Court of Thomas County, Georgia, for the purpose of the examination and inspection by the public, all as required by law. This the 4th day of April, 1979. B. B. Earle, Jr. City Attorney Thomasville, Georgia Georgia, Thomas County. Personally appeared before the undersigned attesting officer L. Edward Kelly, who, on oath, deposes and says that he is the president of that corporation known as the Times-Enterprise Company, Incorporated, and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, and that the Thomasville Times-Enterprise Daily Edition published on Friday of each week is the newspaper in which sheriff's advertisements for Thomas County are published. Further deposing, he says that as President of that corporation, he is the person duly vested with authority to sign for that corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City of Thomasville, was published in the Thomasville Times-Enterprise Daily Edition on the 6th day of April, 1979, and on the 13th day of April, 1979, and on the 20th day of April, 1979. This the 23rd day of April, 1979. /s/ L. Edward Kelly

Page 4745

Sworn to and subscribed before me, this the 23rd day of April, 1979. /s/ Lean Sampson Notary Public, Georgia, Residing in Thomas County. My Commission Expires Feb. 16, 1980. Filed in Office of Secretary of State April 27, 1979. CITY OF WARNER ROBINSMEETINGS OF MAYOR AND COUNCIL. An Ordinance of the mayor and council of the City of Warner Robins, Georgia amending the city charter by amending a portion of section 2-403 pertaining to special meetings. Be it ordained by the mayor and council of the City of Warner Robins, Georgia, and it is hereby ordained by authority of the same that section 2-403 be amended as follows: I. By deleting from sub-section (b) of Code section 2-403 the following: 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. Code Section 2-403 shall be further amended by adding thereto the following: Any business may be transacted at a special meeting which could be transacted at a regular meeting. II. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

Page 4746

The effective date of this Ordinance shall be the 20th day of February, 1979. This 20 day of February, 1979. City of Warner Robins, Georgia /s/ Foy Evans Mayor Attest: Thomas E. McMinn Clerk First Reading 2-5-79. Legal Notice. In compliance with Section 69-1017(b) of the Code of Georgia notice is hereby given that the City of Warner Robins, Georgia intends to amend its charter by adopting an ordinance at two regular consecutive meetings of the municipal governing authority, said meetings to be held on February 5, 1979 and February 19, 1979 at 6:30 P.M. at the City Hall in Warner Robins, Georgia so as to amend that section of the charter codified as Code section 2-403 pertaining to regular and special meetings of the governing authority as follows: By deleting from sub-section (b) of code section 2-403 the following: 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. Code section 2-403 shall be further amended by adding thereto the following: Any business may be transacted at a special meeting which could be transacted at a regular meeting.

Page 4747

A copy of the proposed amendment is of file in the office of the City Clerk at the City Hall, 700 Watson Boulevard, Warner Robins, Georgia and in the office of the clerk of the Superior Court of Houston County at the courthouse in Perry, Georgia for the purpose of examination and inspection by the public. City of Warner Robins, Georgia. /s/ Foy Evans, Mayor Attest: Thomas E. McMinn, City Clerk Georgia, Houston County. Personally appeared before the undersigned officer, authorized by law to administer oaths, the undersigned affiant, who, being first duly sworn, deposes and says on oath that he is a duly authorized representative of the Warner Robins Daily Sun and that the attached notice pertaining to amendment of the charter of the City of Warner Robins was published in the Warner Robins Daily Sun on January 19, 1979, January 26, 1979 and February 2, 1979 as required by Georgia Laws 1965, PP. 298 et seq., as amended, known as the The Municipal Home Rule Act of 1965. This 6th day of March, 1979. /s/ Thomas Reed Sworn to and subscribed before me, This 6th day of March, 1979. /s/ Iris Slappey Notary Public. My Commission Expires August 3, 1981. (Seal). Filed Office of Secretary of State March 9, 1979.

Page 4748

CITY OF COVINGTONTELEVISION DISTRIBUTION SYSTEM. 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 act approved January 30, 1962 (Georgia Laws 1962, page 2003) as amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) by adding provisions to Section 58 of the Charter of the City of Covington Authorizing the City of Covington to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy within the limits of Covington, Georgia, to provide for an effective date therefore and for other purposes. Be it ordained by the Mayor and Council of the City of Covington, Georgia, in council duly assembled and it is hereby ordained by the authority of same and pursuant to the provisions of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) as amended, that the Charter of the City of Covington, Georgia, be amended by adding a subparagraph to Charter Section 58 entitled Utilities, Referendum Required for Sale of; Rights-of-Way, Easements, Etc., which subparagraph will be identified as subparagraph (g) and will read as follows: (g) The City is hereby authorized to purchase, construct, operate and maintain a system for receiption, transmission and distribution of television impulses and television energy (including audio signals and visual images by means of electrical impulses) within the City limits as it now exists or shall hereafter exist and in connection therewith, the City is authorized to acquire, by contract or purchase, all equipment, towers, receivers, lines and related apparatus, all rights-of-way, easements and other property necessary to carry out these purposes, including the use of all existing City rights-of-way, easements and other property. The City is further authorized and empowered to furnish and supply the distribution of television impulses and television energy as aforesaid to any person, firm or corporation at the point of reception thereof by the City or at any point where the City may hereafter have means of distribution thereof and to fix rules and regulations under which the same may be furnished and distributed and likewise, to fix the terms upon which the same are to be furnished and the manner of payment therefor and the

Page 4749

charges to be paid therefor will be the rate of charges to be established from time to time by resolution of the Mayor and Council. Nothing contained herein shall prohibit the City from granting franchises in accordance with Charter Section 9(n) for the private operation of such a system of reception, transmission and distribution of television impulses and television energy aforesaid. This Ordinance shall become effective upon complete compliance with Section 6 of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, pages 298, 307); however, in no event shall this Ordinance become effective prior to August 21, 1979. First offered and adopted on the 6th day of August, 1979, and again adopted on this the 20th day of August, 1979, the next regularly scheduled meeting of the Mayor and Council of the City of Covington succeeding its regularly scheduled meeting of August 6, 1979. /s/ W. L. Dobbs, Mayor Attest: Betty L. Schell, City Clerk (City Seal) Notice of Intent to Adopt An Amendment to the Charter of the City of Covington, Georgia, pursuant to Municipal Home Rule Act of 1965 The Council of the City of Covington intends to adopt an amendment to Section 58 of the Charter of the City of Covington, Georgia, as enacted by the General Assembly of the State of Georgia by 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] as amended. The proposed amendment will authorize the City of Covington to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy [including audio signals and visual images by means of electrical impulses] within the City limits as it now exists or shall hereafter exist and to fix rules and regulations under which such services shall be furnished and distributed including the rate of charges therefor. 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

Page 4750

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 By (Mrs.) Betty L. Schell 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 legal advertisement in the July 19, 1979, July 26, 1979, and August 2, 1979, editions of The Covington News. /s/ Leo S. Mallard Sworn to and subscribed before me, this 21st day of August, 1979. /s/ Cherie W. Aynes Notary Public, Georgia, State at Large. My Commission Expires Nov. 2, 1979. (Seal). Filed in Office of Secretary of State August 27, 1979.

Page 4751

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1980 George Busbee Governor Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 206, 463, 895, 1099, 1121, 1153, 1210, 1301, 1500 and 1578 which were passed by the General Assembly of Georgia at the 1980 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 David B. Poythress, Secretary of State Veto No. 12H. B. 206 by Representative Pinkston of the 100th House Bill 206 changes the venue for suits brought against corporations. During the legislative process an amendment inadvertently has permitted the possibility of a corporation being sued in contract in any county in which the corporation has an office even though that county has

Page 4752

not the slightest nexus with the contract. This is an unwise circumstance; therefore, I have vetoed House Bill 206. Veto No. 13H. B. 463 by Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th and others House Bill 463 amends the Act which provides for a health insurance program for public school employees to add to those eligible to participate in the program classroom aides, paraprofessionals and non-certified administrative and clerical personnel of all public school systems. Senate Bill 145 is an identical version of House Bill 463. Senate Bill 145 has been approved by me. Therefore, I have vetoed House Bill 463 to avoid an unnecessary duplication. Veto No. 14H. B. 895 by Representatives Harris of the 8th, Battle of the 124th and Logan of the 62nd House Bill 895 is designed to more clearly establish a public policy statement concerning the authority and responsibility of the State Board of Education to develop standards for programs in teacher certification. The original thrust of the bill espoused an acceptable philosophical approach to the solution of the problem presently being experienced and evoked by a proposed course of action by the State Board of Education in this regard. However, as the bill was subsequently amended and passed, it is my belief that more confusion concerning the issue would result if the bill were allowed to become law. Additionally, school systems would not be permitted to employ as teachers graduates of out-of-state colleges or universities unless such institutions are accredited by the National Council for Accreditation of Teacher Education. Georgia presently recruits many talented teachers from out-of-state institutions who are not so accredited. The problems which subsequently arose by the rewriting of the original version of House Bill 895 were unintended. Prior to taking this veto action, I have counseled with those most closely affected and responsible for the programs and the consequences connected with the proposed solution embraced within House Bill 895 as introduced. I am persuaded that the difficulties which provoked the introduction of this bill are capable of resolve without the necessity of legislative intervention. If not, I will look with favor upon a proposal which does not contain the problems present in this bill.

Page 4753

Veto No. 15H. B. 1099 by Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others House Bill 1099 would establish criteria for programs of evaluation prior to implementation of certain projects to be undertaken by the Department of Medical Assistance which govern the reimbursement of licensed hospitals for the cost of providing medical assistance. This bill would severely impair the effectiveness of the State to design, develop and implement cost containment programs which are intended to help bring under control the costs of health services. The concerns of the hospital industry which provoked the introduction and passage of this legislation have been recognized and appropriate administrative actions have been implemented which will afford to the industry adequate opportunity to become informed of any proposed new policy or program, to submit their reaction and to adequately evaluate the impact upon the hospital's fiscal policy. With these safeguards, the constraints which would otherwise be imposed upon effective cost containment projects should not be permitted, and I have accordingly vetoed House Bill 1099. Veto No. 16H. B. 1121 by Representatives Snow of the 1st, Murphy of the 18th and Thompson of the 93rd House Bill 1121 was one of a package of bills sponsored by the Code Revision Commission preparatory to the adoption in 1981 of a new Code. Through inadvertence a perfecting amendment to the bill was omitted. Therefore, the author of House Bill 1121 has requested that I veto the bill because of technical problems which would have otherwise resulted if the measure were allowed to become law. I have acceded to the author's request. Veto No. 17H. B. 1153 by Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others As a result of other legislative measures which have been adopted and approved at the 1980 session of the General Assembly, the responsibility for training fire fighting personnel previously exercised by the Georgia Fire Academy will be transferred to the Board of Public Safety. Eventually when constructed and completed, fire fighting personnel will receive their training at the proposed comprehensive public safety training facility to be located in Monroe County. House Bill 1153 was an administration bill to add as an additional member of the Board of Public Safety a

Page 4754

fire fighter. The addition of a fire fighter to the Board would more than adequately have provided the necessary input of fire fighters' interests into the Board's responsibility concerning their training. Despite repeated agreements by these interests with me that one additional member was sufficient, House Bill 1153 was amended and passed to add two members to the Board of Public Safety to come from the membership of the Georgia State Firemen's Association. For the foregoing reasons, there will be no member of the Firemen's Association on the Board of Public Safety. Veto No. 18H. B. 1210 by Representatives Buck of the 95th, Harris of the 8th and Daugherty of the 33rd House Bill 1210 provides an increase of 15.5 percent in retirement benefits available to members of the Superior Court Clerks' Retirement Fund. No corresponding increase in member contributions to the retirement fund or other appropriate increase in measures which fund the payment of retirement benefits were accomplished. The maximum required employee contribution to the fund of $18.00 has not been changed in 17 years. Previously, I have given my approval to House Bill 104 which enhances the joint-survivorship benefits to recipients of benefits of the fund. Based upon sound actuarial projections, I am advised that if House Bill 1210 were also approved, the situation could arise that within one year the retirement fund could be experiencing unfunded liabilities. For these reasons I have not permitted House Bill 1210 to become law. I am informed that at the next session of the General Assembly, an actuarially sound program to increase retirement benefits for members of the Superior Court Clerks' Retirement Fund will be introduced. Veto No. 19H. B. 1301 by Representatives Burruss of the 21st, Carrell of the 75th and Marcus of the 26th House Bill 1301 is a comprehensive bill intended to provide through expanded training and new procedures an improved property tax administration. Many of the features of the bill are laudable and should result in better property tax administration; others, however, have the potential to be counterproductive to good tax administration and merit more intense scrutiny and evaluation before being allowed to become law. The more troublesome and disturbing features of the bill relate to a fundamental change and departure in the methods for the evaluation of public utility property. Presently the value of public utility property is

Page 4755

determined by the State Revenue Commissioner and the State Board of Equalization, if the taxpayer is dissatisfied. House Bill 1301 allows for the first time local boards of tax assessors a voice in determining the value of the utility's property. This concept in and of itself is not the problem, but rather the manner in which local boards are given this authority and the implications which necessarily flow from the course embarked upon by the bill. Many questions are raised by the various provisions of the bill for which no answers are provided. Particularly troublesome is the unresolved question of what would be the proper venue for an appeal of the decision of the Board of Equalization if a local board of tax assessors has appealed the Revenue Commissioner's determination. The preoccupation which the potential for the large number of appeals which are made possible by this fundamental change in utility taxation could inhibit and indeed paralyze the Revenue Department's ability to administer the complex annual evaluation and assessment of public utility property in future years. If this were to occur, chaos and disaster could surface in many counties and municipalities if these local governments should be denied in a timely manner the vital and essential source of revenue which enables these units of governments to provide basic and essential governmental services. Before a change in direction of the magnitude contemplated within this legislation is embarked upon, the full impact and all possible implications should be thoroughly analyzed and evaluated and answers found for the questions raised for which there are presently no answers. Because the changes wrought by the bill insofar as public utility taxation are concerned would not become effective until the next calendar tax year, I deem it to be the more prudent and responsible position to afford to the Tax Reform Commission the time to reassess all of the implications in its recommended course of action contained within House Bill 1301 rather than dealing with potential problems as they might arise in the future and perhaps suffering the consequences which might be devastating. Accordingly, I have reluctantly vetoed House Bill 1301. Veto No. 6H. B. 1500 by Representatives Childs of the 51st, Collins of the 144th and Williamson of the 45th House Bill 1500 would require that a tax at the rate of one percent of the gross direct premiums received from life insurance policies written on persons who reside in the un-incorporated areas of this State be levied and collected by each county governing authority. Each life insurance company would have been permitted to deduct from its obligation to pay a state premium tax a figure corresponding

Page 4756

the tax directed to be levied by this bill. The State treasury would thus lose an estimated 10 million dollars annually. The granting of a tax authority to counties at the expense of State revenues at this critical economic juncture is not prudent and is unwise, and I have therefore vetoed House Bill 1500. Veto No. 20H. B. 1578 by Representatives Marcus of the 26th, Collins of the 144th and Harris of the 8th House Bill 1578 requires that the Department of Medical Assistance formulate a plan which will allow Georgia residents who are 65 years or older regardless of their financial status to purchase prescription drugs for their use from pharmacists without paying the applicable State and local sales and use tax imposed upon the transaction. After properly maintaining the necessary tax records and accomplishing the requisite accounting procedures, the pharmacist may deduct from his State sales tax liability a figure which corresponds to the tax not paid on the purchase. The overall objective sought to be accomplished by the bill is to relieve the elderly of the burden, if any, of the sales and use tax which is otherwise applicable. Whether it can be argued successfully that the payment of a sales tax on prescription drugs is a burden to the well-to-do or extremely wealthy elderly resident is doubtful. Unquestionably, the measure would provide some relief to low income elderly residents who are required to expend an inordinate amount of their disposable income on medicine. I am in complete sympathy with the desire to relieve this class of citizens of some of their tax burdens. I have previously approved of legislation which will allow those who qualify to defer a portion of their ad valorem property tax payments. Unfortunately, our Constitution prohibits the enactment of a scheme contemplated by House Bill 1578. Even though this measure, because of its unconstitutionality cannot be brought to fruition, the very same relief from any burden imposed upon the elderly by the sales tax on prescriptions can be afforded very simply and effectively without the necessity of imposing upon the pharmacist additional record-keeping and accounting burdens by simply exempting such transactions from the sales and use tax.

Page 4757

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1980 George Busbee Governor Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 328, 338, 363, 498, and 557 which were passed by the General Assembly of Georgia at the 1980 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 Thomas B. Murphy, Speaker, House of Representatives 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 David B. Poythress, Secretary of State Veto No. 7S. B. 328 by Senator Carter of the 14th Senate Bill 328 authorized a single individual receiving benefits from the Georgia Legislative Retirement System

Page 4758

to receive gratuitously credit for prior service thereby resulting in an increase of the former member's present retirement benefits. In order to protect the integrity of the various State retirement funds, it has been a longstanding policy that in order for credit for prior service be extended to members or former members of the funds, it must be accomplished on an equitable and sound actuarial basis. A departure from this policy is unwise and, therefore, I have properly prohibited such a departure from becoming effective in order to preserve the integrity of the fund. Veto No. 8S. B. 338 by Senator Kidd of the 25th Senate Bill 338 authorizes the Department of Transportation to acquire and maintain their own electronic data processing equipment and systems, independent of the centralized data processing services provided to other State departments and agencies by the Department of Administrative Services. Such a change, if permitted, would not be a wise and prudent course of action and would not be the most efficient utilization and manner of discharging the requirements and needs of D. O. T. in the data processing area. I am persuaded that the particular and unique data processing requirements of D. O. T., particularly in the area of engineering applications, are now more clearly understood and can be adequately addressed by D. O. A. S. in the future. Therefore, I have vetoed Senate Bill 338. Veto No. 9S. B. 363 by Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th Senate Bill 363 was an administration sponsored bill to add a consumer member to the Georgia Marriage and Family Counselor Licensing Board. During the legislative process, a number of substantive and unrelated amendments were added to the bill and several were deleted. After completing the legislative process, it is quite clear from the posture in which the bill has been presented to me for my executive action that the substantive features added to the original, as introduced version, of the bill have not been carefully or thoughtfully considered: e. g.the body of the bill does not conform to the title and serious errors of drafting form appear in the final version of the bill which place in doubt the validity of Senate Bill 363 if it were to be approved and allowed to become law. The evaluation of the board under the sunset review processes do not cause me to conclude that serious or irreparable harm to the public interest will occur if the Marriage and Family Counselor Licensing Act is allowed to terminate July 1, 1980. By this means the General Assembly in a more thoughtful and less cavalier

Page 4759

fashion may in the future have the opportunity to evaluate the wisdom of whether the public interest can be best served by regulating and licensing any or all of the aspects associated with marriage and family counseling activities. For these reasons, I have vetoed Senate Bill 363. Veto No. 10S. B. 498 by Senator Holloway of the 12th The State Medical Education Board is presently provided for in Article X of the 1976 Constitution. In anticipation of the adoption by the General Assembly of a comprehensive revision of the 1976 Constitution, including Article X, recommended by the Select Committee on Constitutional Revision, Senate Bill 498 statutorily created the State Medical Education Board so that the revision project might delete from the new Constitution what is essentially statutory material. The effectiveness of Senate Bill 498 was contingent upon the ratification of a new Constitution. The General Assembly failed to adopt the necessary proposal to review the Constitution. Consequently the author of Senate Bill 498 has requested that I veto this bill, and I have done so. Veto No. 11S. B. 557 by Senators Coverdell of the 40th and Bond of the 39th Senate Bill 557 changes the degree of care owed by an operator of a motor vehicle to a guest passenger by increasing the duty from slight care to ordinary care. At a time when it is imperative to conserve energy, to adopt measures which could discourage operators of motor vehicles from sharing their vehicles with passengers is not in the best interest of the public.

Page 4760

COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA As of May 1, 1980 H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice ROBERT H. JORDAN Associate Justice HAROLD G. CLARKE Associate Justice HAROLD N. HILL, JR. Associate Justice JESSE G. BOWLES Associate Justice THOMAS O. MARSHALL Associate Justice ROBERT J. AUGUSTINE Law Assistant ANSLEY B. BARTON Law Assistant JANE BARWICK Law Assistant EDWARD G. CUNNINGHAM Law Assistant ANNE S. EMANUEL Law Assistant CAROLYN C. HALL Law Assistant ELEANOR D. HENDERSON Law Assistant CHARLES N. HOOPER Law Assistant CLARENCE LORENTZSON Law Assistant LEE PERRY Law Assistant CAROLYN J. TATUM Law Assistant VELMA C. TILLEY Law Assistant WARREN A. WEBB Law Assistant SIMON J. WEINSTEIN Law Assistant JONATHAN WEINTRAUB Law Assistant MRS. SHERIE WELCH Law Assistant MRS. JOLINE BATEMAN WILLIAMS Clerk MRS. HAZEL E. HALLFORD Deputy Clerk GUY M. MASSEY Reporter COURT OF APPEALS OF GEORGIA As of May 1, 1980 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 JOHN W. SOGNIER Judge GEORGE H. CARLEY Judge STEPHEN H. BLOCK Law Assistant ROBERT H. BRINSON, JR. Law Assistant LARRY H. CHESIN Law Assistant T. MIL CLYBURN Law Assistant MARGARET W. DEIMLING Law Assistant KENNETH A. HOWARD Law Assistant JAMES MORAWETZ Law Assistant ALFREDDA SCOBEY Law Assistant RICHARD W. SNYDER Law Assistant MORGAN THOMAS Clerk EDNA E. BENNETT Deputy Clerk GUY M. MASSEY Reporter

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JUDGES, DISTRICT ATTORNEYS, AND CALENDAR July 1, 1980 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 CIRCUIT. HONS. 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. WaltonFirst and second Mondays in February, May, August November. ATLANTA CIRCUIT. HONS. LUTHER ALVERSON, Chief Judge; SAM P. McKENZIE, CHARLES A. WOFFORD, OSGOOD O. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, CHARLES L. WELTNER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, Judges, 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 August. LibertyThird Monday in February September. LongFirst Monday in March; third Monday in August. McIntoshFourth Monday in February May; second Monday in September; first Monday in December. TattnallThird Monday in April October.

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AUGUSTA CIRCUIT. HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Augusta; FRANKLIN H. PIERCE, EUGENE M. KERR, ALBERT McELVEEN PICKETT, BERNARD J. MULHERIN, SR., Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta. BurkeSecond Monday in May November. ColumbiaFourth Monday in March September. RichmondThird Monday in January, March, May, July, September November. BLUE RIDGE CIRCUIT. HONS. 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, A. BLENN TAYLOR, JR., Judges, 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, Presiding 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, Chief 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. COY H. TEMPLES, Chief Judge, Dalton, CHARLES A. PANNELL, JR., Judge, Chatsworth. STEPHEN A. WILLIAMS, D.A., Dalton. MurraySecond Monday in February August. WhitfieldSecond Monday in January July. CORDELE CIRCUIT. HONS. HARDY GREGORY, JR., Presiding Judge, Courthouse, Cordele, WHITFIELD R. FORRESTER, Judge, Cordele. GARY C. CHRISTY, D.A., Abbeville. Ben HillSecond and third Mondays in January; first and second Mondays in April; third and fourth Mondays in June; third and fourth Mondays in September and Monday following. DoolyFourth Monday in January and Monday following; third and fourth Mondays in April; third and fourth Mondays in July; third and fourth Mondays in October. CrispThird and fourth Mondays in February and Monday following; second, third and fourth Mondays in May; second and third Mondays in August; second, third and fourth Mondays in November. WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Mondays in December.

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COWETA CIRCUIT. HONS. LAMAR KNIGHT, Chief Judge, P.O. Box 315, Carrollton; JOSEPH C. JACKSON, Judge, LaGrange, DEWEY SMITH, Judge, Carrollton. WILLIAM F. LEE, JR., D.A., Newnan. CarrollFirst Monday in April October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Monday in March September. MeriwetherThird Monday in February, May, August November. TroupFirst Monday in February, May, August November. DOUGHERTY CIRCUIT. HONS. ASA D. 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., EUGENE H. GADSDEN, PERRY BRANNEN, JR., Judges, 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.

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GRIFFIN CIRCUIT. HONS. ANDREW J. WHALEN, JR., Chief Judge, Griffin; BEN J. MILLER, Judge, Thomaston. JOHNNIE L. CALDWELL, JR., D.A., Thomaston. FayetteFirst Monday in March; second Monday in September. PikeThird Mondays in April November. SpaldingFirst Mondays in February, June October. 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, JR., 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.

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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. 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. HONS. 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. ElbertThird Monday in January; fourth Monday in July. FranklinThird Monday in March; first Monday in August; third Monday in October. HartThird Monday in February and October; fourth Monday in May. MadisonThird Monday in April and October. OglethorpeThird Monday in May and November.

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OCMULGEE CIRCUIT. HONS. GEORGE L. JACKSON, Chief Judge, Gray; JOSEPH B. DUKE, HUGH P. THOMPSON, Judges, 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. OCONEE CIRCUIT. HONS. JAMES B. O'CONNOR, Chief Judge, P.O. Box 865, Eastman, ROGER HUGH LAWSON, JR., Judge, Hawkinsville. 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. HONS. WILLIAM COLBERT HAWKINS, Chief Judge, Box 439, Sylvania; FAYE SANDERS MARTIN, Judge, Statesboro. J. LANE JOHNSTON, D.A., Statesboro. BullochFirst Monday in February, May, August, and November. EffinghamFirst Monday in June and December. JenkinsFirst Monday in March and September. ScrevenSecond Monday in January; first Monday in April, July and October.

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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. ROME CIRCUIT. HONS. ROBERT L. ROYAL, Chief Judge, JOHN A. FRAZIER, JR., ROBERT G. WALTHER, Judges, Rome. LARRY SALMON, D. A., Rome. FloydSecond Monday in January, March, July and September; first Monday in May and November. SOUTH GEORGIA CIRCUIT. HONS. ROBERT E. L. CULPEPPER, JR., Chief 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; W. G. GUS ELLIOTT, Judge, Valdosta, ROY M. LILLY, Judge, Thomasville. H. LAMAR COLE, D. A., Valdosta. BrooksFirst Monday in April and November. ColquittFirst Monday in February and August. EcholsFirst Monday in February and August.

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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; 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. HONS. DAN WINN, Chief Judge, Cedartown. ARTHUR W. FUDGER, 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. HONS. W. J. FOREHAND, Chief Judge, P.O. Box 253, Tifton, JOHN R. ROGERS, Judge Ashburn. THOMAS H. PITTMAN, D.A., Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November.

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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. WAYCROSS CIRCUIT. HONS. 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. HONS. 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. OconeeSecond Monday in March and September.

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Acworth Downtown Development Authority 2134 Ad valorem taxation exemptions in certain counties (600,000 or more) 2094 Albany, Central, Development Authority; abolished 2337 Appling County; board of commissioners 2118 Appling County; homestead exemptions 2111 Ashburn, City of; homestead exemptions 2266 Atkinson County; homestead exemptions 2292 Atlanta, City of; off street parking 2112 Augusta, City of; homestead exemptions 2211 Austell, City of; homestead exemptions 2121 Banks County; jurisdiction of justices of the peace 2159 Bartow County; homestead exemptions 2288 Bartow County; jurisdiction of justices of the peace 2184 Bartow County School District; homestead exemptions 2185 Ben Hill County; homestead exemptions 2219 Bibb County; ad valorem taxation 2096 Bibb County; homestead exemptions 2133 Brantley County; jurisdiction of justices of the peace 2261 Butts County; homestead exemptions 2333 Catoosa County; board of tax administrators 2154 Certified teachers 2033 Charlton County; homestead exemptions 2297 Chatham CountyCity of Savannah; consolidation votes 2158 Chatham County; recorder's court 2209 Civil procedure; judgments without jury verdicts 2103 Clarke County; merit system of employment 2305 Classes of tangible property 2027 Clayton County Business and Industrial Authority; authorized 2290 Clayton County; homestead exemptions 2310 Clinch County; homestead exemptions 2295 Cobb County; homestead exemptions 2098 College Park Business and Industrial Development Authority 2071 Colquitt County; taxation for education 2127 Columbus, City of; charter review commissions 2045 Dalton, City of; homestead exemptions 2223 Danville, City of; homestead exemptions 2169 Decatur, City of; ad valorem taxation 2196 DeKalb County; medical examiner 2106 DeKalb County; recorder's court jurisdiction 2125 Doraville, City of; homestead exemptions 2102 Douglas County; ad valorem taxation 2148 Douglas County; ordinances, etc. 2146 Education; uniforms used by public schools 2108 Fayette County; funds to promote county 2225 Floyd County; jurisdiction of justices of the peace 2176 Floyd County; juvenile court judge 2200 Floyd County; staggered terms of commissioners 2202 Fulton County; public safety service districts 2048

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Fulton County; retirement of certain former employees 2053 Gainesville Development Authority 2024 General obligation debt for education facilities 2032 Georgia Firemen's Pension Fund 2087 Gordon County; homestead exemptions 2247 Griffin Development Authority; created, etc. 2315 Gwinnett Judicial Building Authority 2010 Habersham County; homestead exemptions 2283 Habersham County; taxes for educational purposes 2280 Hall County; board of elections 2227 Hapeville Development Authority 2055 Henry County; homestead exemptions 2255 , 2257 Henry County; ordinances, etc. 2303 Homestead exemptions for elderly residents 2114 Houston County; homestead exemptions 2163 Indemnification to certain law enforcement officers, etc. 2166 Jackson County; board of education 2276 Juvenile Courts; venue 2174 Liberty County Industrial Authority; amended 2221 Life insurance companies, taxation 2203 Lowndes County; homestead exemptions 2207 Lowndes County; jurisdiction of justices of the peace 2160 Macon-Bibb County Urban Development Authority; bonds 2128 Macon, City of; ad valorem taxation 2092 Marietta, City of; homestead exemptions 2123 Marion County; homestead exemptions 2338 Meritorious service, etc. awards by counties and municipalities 2105 Monroe County; homestead exemptions 2216 Municipal Courts; jurisdiction 2026 Murray County; homestead exemptions 2050 Murray County; jurisdiction of justices of the peace 2173 Muscogee County; homestead exemptions 2009 Newton County; homestead exemptions 2171 , 2187 Paulding County; homestead exemptions 2312 Perry, City of; homestead exemptions 2151 Powder Springs Downtown Development Authority 2035 Redevelopment powers to counties and municipalities 2089 Richmond County; ad valorem taxation 2162 , 2177 Richmond County; homestead exemptions 2190 Rockdale County Public Facilities Authority; created 2232 St. Marys, City of; homestead exemptions 2260 St. Marys, City of; hospital authority members 2150 Savannah, City ofChatham County; consolidation votes 2158 Sylvester, City of; homestead exemptions 2268 Taylor County; homestead exemptions 2205 Thomas County; 1979 proposed amendment repealed 2052 Thomaston, City of; business development authority 2286 Towns County; taxes for education 2029 Towns County; use of funds by board of education 2168 Trion, town of; homestead exemptions 2198 Turner County; homestead exemptions 2307

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Twiggs County; homestead exemptions 2180 Union City, City of; homestead exemptions 2271 Valdosta, City of; homestead exemptions 2273 Ware County; homestead exemptions 2299 Waycross, City of; homestead exemptions 2301 Wayne County; homestead exemptions 2109 White County; homestead exemptions 2252 Worth County; homestead exemptions 2263 CODE SECTIONS Chapter 3-10 amended 1173 5-908, amended 713 Title 5A, created 1573 Title 8, amended 1065 13-203.1, amended 1082 13-207.1, amended 542 13-207.3, amended 1081 Chapter 21-1, amended 543 21-105, amended 1185 Title 22, amended 603 , 623 , 715 Chapter 22-13, amended 1188 23-406, amended 1178 23-407, amended 1280 23-1704, amended 534 Chapter 23-22, repealed 451 23-2304, amended 722 24-601, amended 441 24-1716, amended 1661 24-1801, amended 365 24-2606.3, amended 596 24-2703a, amended 755 24-2727, amended 1045 24-2805, amended 495 24-2812, amended 493 Chapter 24-29, amended 830 Title 24A, amended 416 , 1013 Title 26, amended 405 26-1601, amended 770 Chapter 26-17, amended 1083 26-1704, amended 1034 , 1147 26-2306, amended 733 Chapter 26-25, amended 387 Chapter 26-26, amended 388 Chapter 26-28, amended 1062 Chapter 26-29, amended 1509 26-3004, amended 326 27-407, amended 415 Chapter 27-7, amended 452 27-901, amended 1359 Chapter 27-13, amended 1388

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Chapter 27-25, amended 390 Chapter 27-30, enacted 1382 Title 32, amended 835 32-910, amended 1508 Title 34, amended 312 , 1256 34-1003A, amended 5 34-1208, amended 437 34-1514, amended 685 Title 34A, amended 1005 Chapter 34A-3, amended 314 34A-1409, amended 684 Title 35, amended 335 Chapter 35-7, repealed 645 Title 38, amended 426 40-604.1, enacted 644 40-802, amended 485 Title 41A, amended 972 , 1076 41A-207, amended 919 Chapter 42-3B, enacted 1767 Title 45, amended 323 , 2004 45-114, amended 95 45-513, amended 95 Title 46, amended 1769 Title 49, amended 1661 Title 51, amended 952 Chapter 53-2, amended 438 Title 56, amended 516 , 1108 , 1163 , 1393 56-222.1, amended 1063 56-405, amended 760 56-407A, amended 1428 56-712, amended 1011 56-1709, amended 68 Chapter 56-24, amended 1249 56-2446, enacted 1418 56-3016, amended 1251 56-3019, enacted 1266 Title 57, amended 511 , 514 57-108, amended 1118 Chapter 58-6, amended 1206 58-806.1, enacted 1561 58-828, amended 501 Chapter 65-2, amended 635 , 924 67-1305.1, amended 976 67-2003, amended 831 Chapter 67-24, amended 822 68-260; amended 357 Chapter 68-5, amended 479 , 616 68-510, amended 1119 Chapter 68-6, amended 475 , 618 68-9901, amended 746 Chapter 68A-10, amended 1334

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Title 68B, amended 691 68B-215, amended 917 Chapter 72-2, amended 620 74-108, amended 1154 74-111, amended 921 Chapter 74-3, enacted 1374 79-209, repealed 1661 Title 79A, amended 1746 Chapter 79A-8, amended 1288 79A-811, amended 432 Chapter 79A-12, enacted 1761 Title 84, amended 82 84-203, amended 65 Chapter 84-3A, amended 1357 Chapter 84-5, amended 67 Chapter 84-9, amended 3 , 321 Chapter 84-9A, enacted 82 Chapter 84-11, amended 47 Chapter 84-14, amended 1398 Chapter 84-15, amended 64 Chapter 84-21, amended 968 Chapter 84-21A, amended 50 84-4005, amended 591 Chapter 84-76, enacted 1282 Chapter 85-10, amended 753 Title 88, amended 678 , 1040 , 1245 , 1451 Chapter 88-18, amended 1140 Chapter 88-19c, enacted 1261 Chapter 88-20, amended 1328 Chapter 88-22, repealed 784 Chapter 88-25, amended 1160 Chapter 88-27, amended 1434 Chapter 88-31, amended 1170 88-3112.13, enacted 1758 89-308, amended 527 Chapter 89-8, amended 969 Title 90, amended 519 91-112a.1, amended 587 Title 91A, amended 10 , 491 , 1390 , 1759 91A-236, amended 712 91A-1002, amended 710 91A-13, amended 353 , 547 91A-1439, amended 771 91A-1449, amended 1722 91A-1601, amended 463 Chapter 91A-17, amended 367 Chapter 91A-22, amended 1736 91A-2209, amended 1735

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Chapter 91A-24, enacted 1707 Chapter 91A-31, amended 332 91A-3915, amended 459 Chapter 91A-41, enacted 1555 91A-4503, amended 586 , 805 , 1188 Chapter 91A-60, amended 1175 , 1298 Chapter 91A-99, amended 436 , 834 92-3905A, amended 463 Title 95A, amended 576 , 773 , 775 , 1017 100-101, amended 763 Chapter 105-11, amended 69 Chapter 105-13, amended 1154 108-610, amended 472 Title 109A, amended 443 109A-9, amended 1134 110-401, amended 833 Chapter 111-1, repealed 639 111-9901, repealed 639 Chapter 113-9, amended 1432 Chapter 114-1, amended 1145 Chapter 114-6a, enacted 1686 SUPERIOR COURTS See also General Index under name of county. Alcovy Circuit; judges' compensation 498 Alcovy Circuit; terms in Walton County 362 Atlantic Circuit; supplements for judges and district attorney 1222 Brunswick Circuit; additional judge 959 Clarke County; terms 355 Clayton Circuit; compensation of district attorney 378 Clayton Circuit; compensation of judges 375 Clayton Circuit; compensation of official court reporters 383 Clerks fees for attendance 1045 Clerks' Retirement System Act amended 1547 Clerks' salaries 553 Cobb Circuit; compensation of full time court reporters 1456 Compensation of secretaries of district attorneys in certain circuits (103,000-135,000) 1157 Cordele Circuit; additional judge 1212 Cordele Circuit; terms 687 Coweta Circuit; additional judge 1447 District attorneys, emeritus office 939 District attorneys; retirement system amended 925 District attorneys, salary supplements 830 Douglas Circuit; created 563 Dublin Circuit; additional judge 316 Evans County; terms 4000 Expenses of judges attending educational programs 596 Judges' law clerks 455 Lookout Mountain Circuit; district attorney's clerical assistance 1179 Northeastern Circuit; salaries of official court reporters 369

Page 4779

Northern Circuit; salary, etc. of additional judge 1232 Northern Circuit; terms 364 Ogeechee Circuit; terms 374 Retirement system, amended 925 Rome Circuit; additional judge 782 Salaries of judges and district attorneys in certain counties (145,000-163,000) 3723 Service by senior judges while non-residents 458 Tifton Circuit; additional judge 680 Western Circuit; terms 355 CIVIL COURTS See also General Index under name of county. Judges' salaries in certain counties (145,000-165,000) 3723 Richmond County; costs, sales, etc. 3533 JUVENILE COURTS See also General Index under name of county. Cobb County; judges' compensation 4133 Juvenile Court Code amended 416 Judges' salaries in certain counties (180,000-190,000) 3600 Venue; proposed amendment to the Constitution 2174 MUNICIPAL COURTS See also General Index under name of municipality or county. Judges' salaries in certain counties (180,000-190,000) 3600 Jurisdiction; proposed amendment to the Constitution 2026 PROBATE COURTS See also General Index under name of county. Columbus, Georgia; judge 4143 Elbert County; judge's salary 4201 Franklin County; judge placed on salary basis 4173 Glynn County; judge's compensation 3766 Haralson County; judge's salary 4224 Jasper County; judge placed on salary basis 3753 Judges' salaries 551 Judges' salaries in certain counties (145,000-165,000) 3723 Judges' salaries in certain counties (180,000-190,000) 3600 Laurens County; judge's compensation 4275 Marriage licenses, notification of parents in certain circumstances 438 Mitchell County; judge placed on salary basis 4088 Retirement system for judges 1346 Telfair County; judge's salary 3635 Turner County; judge placed on salary basis 4237 Walker County; compensation of personnel 3939

Page 4780

STATE COURTS See also General Index under name of county. Bibb County; Act creating court amended 3899 Bulloch County; compensation of judge and solicitor 3389 Chatham County; pre-trial division, etc. 4380 Clayton County; compensation of judge and solicitor, terms, etc. 3890 Cobb County; arrest powers of investigators 3812 Cobb County; judge pro hac vice 3608 Cobb County; magistrate pro hac vice 3894 DeKalb County; services of former judges, etc. 4002 Dougherty County; judge's salary 4258 Effingham County; salaries of judge and solicitor 3527 Elbert County; terms 4199 Fulton County; costs 3309 Fulton County; judge emeritus 3363 Fulton County; magistrates 3735 Fulton County; vacancies 3855 Glynn County; salaries 4517 Hall County; judge's compensation 3605 Judges' salaries in certain counties (180,000-190,000) 3600 Laurens County; abolished 3268 Laurens County; salaries of judge and solicitor 3320 Muscogee County; compensation of judge and solicitor 4327 Polk County; judge's compensation 4540 Salaries of judges and solicitors in certain counties (145,000-165,000) 3723 Service by judges in other state courts 600 Spalding County; terms, juries, etc. 3048 Sumter County; compensation of judge and solicitor 4247 Thomas County; salaries, practice and procedure 4278 Troup County; compensation of judge and solicitor 3376 Walker County; juries, procedure, etc. 3102 COUNTY AND COUNTY MATTERS See General Index under name of county. COUNTY MATTERS BY POPULATION 4,482-4,476; 1945 Act repealed 640 5,890-5,900; 1943 Act repealed 640 6,890-6,900; 1945 Acts repealed 640 6,940-6,970; 1945 Act repealed 640 8,330-8,340; 1945 Act repealed 640 8,750-8,800; 1945 Act repealed 640 8,835-8,850; 1945 Act repealed 640 9,100-9,110; 1945 Act repealed 640 9,110-9,120; 1943 Act repealed 640 9,130-9,140; 1945 Act repealed 640 10,435-10,445; 1945 Act repealed 640 10,570-10,900; boards of education 4310 10,600-10,900; coroners' compensation 1185

Page 4781

11,340-11,390; boards of elections 3003 11,790-11,810; 1945 Act repealed 640 12,190-12,210; 1943 Act repealed 640 12,990-13,010; 1943 Act repealed 640 13,365-14,765; small claims courts 3194 15,140-15,150; 1945 Act repealed 640 17,510-17,560; coroners' compensation 4332 20,400-20,600; compensation of county commissioners 4184 20,490-20,500; 1945 Act repealed 640 29,080-29,100; 1945 Act repealed 640 31,700-32,300; small claims courts 4285 32,300-32,700; small claims court created 4045 33,300-34,056; small claims courts 4285 33,600-34,500; coroners' compensation 3607 73,000-89,000; clerks of probate courts 365 90,000-140,000; coroners' compensation 3513 100,000-160,000; fluoridation of potable water supplies 4343 145,000-165,000; ad valorem taxation 353 145,000-165,000; compensation of named officials 3723 170,000-190,000; legislative advisory committees 4281 180,000-190,000; compensation of named county officers 3600 190,000-300,000; fees of tax collectors and tax commissioners 367 200,000 or more; purchasing departments 3858 200,000-500,000; annexation by municipalities 4357 200,000-600,000; boards of registrations and elections 4001 200,000-600,000; sales of malt beverages, wine or alcoholic beverage by the drink on Sundays 3661 350,000-500,000; annexation by municipalities 4357 350,000-500,000; minors prohibited in certain businesses 3161 350,000-550,000; sale of malt beverages, wine or alcoholic beverages by the drink on Sundays 3661 350,000-600,000; ad valorem tax due date 710 350,000-600,000; boards of registrations and elections 4001 550,000 or more; contributions of public funds for charitable purposes 3406 550,000 or more; county building authority Act 4488 550,000 or more; per diem allowances for development authorities 806 550,000 or more; purchasing departments 3858 COUNTY MATTERSHOME RULE ACTIONS Camden County; County administrator 4570 DeKalb County; employee retirement 4572 DeKalb County; structures unfit for human habitation 4577 Floyd County; merit system amended 4583 Richmond County; auditing firm, county administrator, etc. 4590 Richmond County; construction supervisor, etc. 4603 Richmond County; employees' pension fund 4606 Richmond County; personnel board 4599 Richmond County; trash, etc. depositories, land fills, etc. 4595 Rockdale County; board of commissioners 4610 , 4615 Whitfield County; commission meetings 4630 Whitfield County; purchasing 4627

Page 4782

MUNICIPAL CORPORATIONSNAMED CITIES See General Index under name of City MUNICIPAL CORPORATIONSBY POPULATION 300,000 or more; pension system for members of police departments amended 3205 , 3208 More than 300,000; pension system for employees 3691 , 3852 More than 300,000; pension system for members of paid fire departments amended 3201 , 3204 , 3692 More than 300,000; public zoos 3734 MUNICIPAL CORPORATIONBY POPULATION OF COUNTIES 200,000-500,000; annexation 4357 350,000-500,000; annexation 4357 MUNICIPALITIESHOME RULE AMENDMENTS Albany, City of; improvement of alleys 4634 Atlanta, City of; chief of police 4676 Atlanta, City of; department and bureau directors 4681 Atlanta, City of; director of bureau of police services 4665 Atlanta, City of; executive branch of government 4652 , 4658 Atlanta, City of; mayor's veto 4671 Atlanta, City of; parks and recreation, cultural affairs 4646 Atlanta, City of; section 5-302(b) of charter repealed 4642 Atlanta, City of; taxes 4636 College Park, City of; pension board 4700 College Park, City of; pension rights 4690 College Park, City of; service pensions, etc. 4693 College Park, City of; utility liens 4687 Covington, City of; charter amended 4747 East Point, City of; ordinances 4703 Elberton, City of; salaries 4710 Hazlehurst, City of; salaries 4712 Lyons, City of; charter amended 4716 Marietta, City of; board of lights and waterworks 4721 Marietta, City of; mayor pro tem 4718 Newnan, City of; retirement 4725 Oakwood, City of; insurance license fees 4728 Peachtree City, City of; municipal court 4732 St. Marys, City of; city manager 4737 Thomasville, City of; salaries 4740 Warner Robins, City of; meetings of mayor and council 4745 RESOLUTIONS AUTHORIZING COMPENSATION Blackmon, Robert L. 4543 Callaway, Ms. Teresa M. 4554 Cartledge, Donald K. 4543 Crouch, Jerry 4551 Dean, W. P. 3104

Page 4783

Easterling, Ms. M. Kathy 4555 Florence, Norma Jean 4547 Forest, Ben 4560 Hamrick, Mrs. Margret B. 4556 Healey, Mrs. Mari Parker 4550 Hemperley III, Mr. Mrs. Carlos Mason 4546 Jordan, Sr., James C. 4563 King, Allen D. 4552 Plumley, Janice T. 4562 Shoemaker, Carl E. 4559 Simmons, Johnny E. 4549 Thomas, Jr., Tom W. 4558 Todd, Richard Allen 4557 Wissing, Donald R. 4548 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Acquisition of part of Sapelo Island authorized 359 Barton, Charles C., exchange of land 1500 Bingham, Reed, State Park, easement authorized 810 Camden County, land conveyance authorized 1501 Charles G. Edwards Post 660 of the V.F.W., lease of land 41 Consolidated Atlanta Properties Ltd. (CAPCO), lease amendment 1520 Fisher, Tom S., land conveyance 796 Georgia Power Company, exchange of land 1202 Goodwill Industries of Coastal Empire, Inc., lease of land authorized 43 Grumman Aerospace Corporation, land conveyance authorized 808 Henry County, land conveyance authorized of property located in Henry County 799 Johnson, George H., exchange of land 1500 Land conveyances authorized in Fulton, Bartow, Gordon, Whitfield and Catoosa Counties 1495 Louisville Nashville Railroad Company, easement 1489 Macon, City of, conveyance of land located in City of Macon authorized 803 Oglethorpe Power Corporation, corrective easement 1194 Rowland, Grattan W.; exchange of land 3990 Smith, Clifford W., land conveyance authorized 1484 Spartan Radiocasting Company, lease authorized 1490 Sumter County, land conveyance 1192 Thurmond, Charles, J., land conveyance 791 Tift County Development Authority, land conveyance 794 Victory Temple, land conveyance authorized 1506 Wallis, H. W., Estate of, land conveyance 791 Warm Springs Foundation, land conveyance authorized 815 MISCELLANEOUS RESOLUTIONS Agriculture, State Museum of 788 Andersonville Trail designated 1499

Page 4784

Brown, Governor Joseph Emerson, portrait 787 Carpenter, George S.; bridge designated 3992 Colwell, Pat E., road designated 4564 Congress urged to designate any increase in motor fuel taxes to states 1201 Council for North American Affairs of the Republic of China, privileges, etc. 46 Elkins, Liston, Parkway designated 3989 Expenses of members of select committee on constitutional revision 1480 Floyd, James H. Sloppy, Veterans Memorial Building designated 785 Fortson, Ben W. Jr., State Archives and Records Building designated 1199 Georgia Energy Regulatory Reform Commission 812 Georgia High School Association Study Committee 1205 Georgia tax reform commssion amended 1684 Holland, Archibald, Bridge designated 4561 Jail Standards Study Commission 385 Joint Child Abuse Study Committee created 819 Joint Emergency Medical Services Study Committee 1486 Joint Local Mental Health and Mental Retardation Governance Study Committee 1493 Metropolitan Atlanta Rapid Transit Overview Committee 790 Morgan, Joel Nathaniel, National Guard Armory 789 Patterson, Stonewall Jackson, Memorial Bridge 3604 Public zoos in certain municipalities (more than 300,000) 3734 Services for the Aged Study Committee 1482 Silver-haired Legislature created 807 Smith, Honorable George T., portrait 1503 Smith, Leon, Bridge designated 4544 Smith, W. B., Bridge designated 3603 Study of Public Notice procedure by Secretary of State 1197

Page 4785

GENERAL INDEX A ABATEMENT OF NUISANCES Procedure, etc. 620 ACCOUNTANCY, STATE BOARD OF Members 65 ACWORTH DOWNTOWN DEVELOPMENT AUTHORITY Created, proposed amendment to constitution 2134 ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Amended 448 , 450 , 465 , 1010 Amended, instructional media, etc. 1413 Special education leadership positions 698 ADMINISTRATIVE PROCEDURE ACT Amended 820 ADMINISTRATIVE SERVICES, DEPARTMENT OF Purchase, transfer, etc; of state property 90 AD VALOREM TAXATION Due dates in certain counties (350,000600,000) 710 Exemptions in certain counties (600,000 or more), proposed amendment to the constitution 2094 Homestead exemptions for elderly residents, proposed amendment to the constitution 2114 ADVISORY COUNCIL FOR PROBATION Created 400 AGRICULTURAL COMMODITIES PROMOTION ACT Membership, etc. 568 AGRICULTURE Compensation for destroyed bee hives, etc. 713 Erosion and Sedimentation Act of 1975 amended 942 Establishment, etc. of farmers markets 572 Georgia Dairy Act of 1980 981 Georgia Pesticide Control Act of 1976 amended 747 Georgia Pesticide Use and Application Act of 1976 amended, license fees, etc. 749

Page 4786

Labeling, etc. of cases of eggs 690 Livestock dealers licensing act repealed 1107 Nuisances, agricultural or farming operations 1253 Plant Food Act of 1970 amended 1150 State Museum of Agriculture 788 AGRIRAMA DEVELOPMENT AUTHORITY ACT Amended 598 AIRCRAFT Mechanic liens 831 AIRPORTS Sale of alcoholic beverages on election days 1126 ALBANY, CENTRAL, DEVELOPMENT AUTHORITY Abolished, proposed amendment to the constitution 2337 ALBANY, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. ALBANY-DOUGHERTY COUNTY INNER CITY AUTHORITY ACT Amended 4340 Members, etc. 3184 ALCOHOLIC BEVERAGE CODE Enacted 1573 ALCOHOLIC BEVERAGES Control and taxation of wines within boundaries of airports 501 Legal age to drink and possess alcoholic beverages 1206 Manufacture and sale of wine regulated 1561 Minors prohibited in places of business in certain counties (350,000500,000) 3161 Posting of notices 1174 Sale by the drink on Sundays in certain counties (200,000600,000) (350,000550,000) 3661 Sale on election days 1126 ALCOHOLISM ADVISORY COUNCIL ACT Amended 566 ALCOVY JUDICIAL CIRCUIT Judges' compensation 498 Terms in Walton County 362

Page 4787

ALCOVY SHORES WATER AND SEWERAGE AUTHORITY ACT Amended 4411 ALIENS Licensing of medical practitioners 3 ALPHARETTA, CITY OF Elections, etc. 3730 AMBULANCE SERVICES Act amended 1758 ANDERSONVILLE TRAIL Designated 1499 ANIMALS Removal of identifying marks, etc. 1062 APPLING COUNTY Additional judge of superior court 959 Board of commissioners, proposed amendment to the constitution 2118 Homestead exemptions, proposed amendment to the Constitution 2111 Meetings of board of commissioners 4467 APPROPRIATIONS General Appropriations Act 1799 Offender rehabilitation 7 Supplemental Appropriations Act 98 ARABIC, TOUR OF Elections 3700 ARAGON, CITY OF Ad valorem taxation 4330 ARCHIVES AND HISTORY, DEPARTMENT OF Objects and purposes 485 ARCHIVES AND RECORDS BUILDING Named for Ben W. Fortson, Jr. 1199

Page 4788

ASHBURN CITY OF Homestead exemptions, proposed amendment to the Constitution 2266 ATHENS, DOWNTOWN DEVELOPMENT AUTHORITY ACT Amended 3053 ATHLETIC TRAINERS, STATE BOARD OF Members 55 ATKINSON COUNTY Homestead exemptions, proposed amendment to the Constitution 2292 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Appropriations to purchase evidence, etc. 4288 Off-street parking, proposed amendment to the Constitution 2112 ATLANTIC JUDICIAL CIRCUIT Supplements for judges and district attorney 1222 ATTACHMENT Judicial supervision, etc. 1065 ATTORNEY GENERAL Criminal prosecutions involving property of Department of Transportation 590 AUCTIONEERS COMMISSION Termination date 1357 AUGUSTA, CITY OF Corporate limits 3085 Elections 3863 Employees' retirement system act amended 3198 Homestead exemptions, proposed amendment to the Constitution 2211 AUSTELL, CITY OF Homestead exemptions, proposed amendment to the Constitution 2121

Page 4789

AVERA, CITY OF Name changed from town of Avera, charter amended 3156 B BAD CHECKS Code section 26-1704 amended 1034 Defined, crime, etc. 1147 BAIL JUMPING Crime defined, etc. 387 BAKER COUNTY Tax collector placed on salary basis 3253 BALDWIN COUNTY Board of county commissioners, referendum 3043 Magistrates court, powers, deputies, etc. 3651 BANKRUPTCY Homestead exemptions 952 BANKS AND BANKING Bank holding companies 542 Financial Institutions Code of Georgia amended 972 Mergers 1082 Restrictions on commissioner, officials and examiners 919 Unlawful acquisitions by bank holding companies 1081 BANKS COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 2159 BARBERS Georgia barbers act amended 530 Members 59 BARTON, CHARLES C. Resolution authorizing exchange of land repealed 1500 BARTOW COUNTY Homestead exemptions, proposed amendment to the Constitution 2288

Page 4790

Jurisdiction of justices of the peace, proposed amendment to the Constitution 2184 School district homestead exemptions, proposed amendment to the Constitution 2185 BARTOW, TOWN OF Charter amended 3978 BEE HIVES Compensation for destruction when destroyed to combat diseases 713 BEN HILL COUNTY Additional judge of superior court 1212 Homestead exemptions, proposed amendment to the Constitution 2219 Office of tax commissioner created 3954 Terms of superior court 687 BIBB COUNTY Ad valorem taxation, proposed amendment to the Constitution 2096 Homestead exemptions, proposed amendment to the Constitution 2133 Macon-Bibb County Water and Sewerage Authority Act of 1974 reenacted 3150 BIBB COUNTY, MACON, TRANSIT AUTHORITY ACT OF 1980 Enacted 4313 BIBB COUNTY, MACON, WATER AND SEWERAGE AUTHORITY ACT Amended 4004 BIBB COUNTY, STATE COURT OF Amended 3899 BINGHAM, REED, STATE PARK Easement of land authorized 810 BINGO Regulation by Georgia Bureau of Investigation 422 BLACKMON, ROBERT L. Compensation for damages 4543

Page 4791

BLIND, FACTORY FOR THE Surplus funds 759 BLIND PERSONS Rights 1131 BOARD OF FUNERAL SERVICE Termination date, inspectors, etc. 1097 BOARD OF PHARMACY ACT Amended 1746 BOARD OF PILOTAGE COMMISSIONERS ACT Number of pilots for Port of Savannah 1355 BOARD OF RECREATIONAL EXAMINERS ACT Amended 60 , 1511 BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS Members, etc 968 BOATING Georgia Boat Safety Act amended 738 BONDED WAREHOUSES Code Chapter IIII repealed 639 BONDS Revenue Bond Law amended 709 BRANTLEY COUNTY Board of commissioners 4262 Compensation of sheriff's personnel 3664 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2261 BREMEN, CITY OF Recorder's Court 4347 BROWN, GOVERNOR JOSEPH EMERSON Portrait 787

Page 4792

BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION Appropriations, etc. 3950 BRUNSWICK JUDICIAL CIRCUIT Additional judge 959 BRYAN COUNTY Salary supplements for judges of superior court and district attorney 1222 BUILDING AUTHORITIES Created in certain counties (550,000 or more) 4488 BUSINESS CORPORATION CODE Amended 715 Reviver of corporations, etc. 1188 BUSINESS OPPORTUNITIES Fraudulent and deceptive practices 1233 BULLOCH COUNTY Compensation of board of commissioners clerical assistants 3395 Compensation of deputy sheriffs, etc. 3392 Compensation of employees of clerk of superior court 3400 Compensation of probate court clerical employees 3398 Compensation of tax commissioner's assistants 3403 Terms of superior court 374 BULLOCH COUNTY, STATE COURT OF Compensation of judge and solicitor 3389 BURGLARY Defined, etc. 770 BURKE COUNTY Coroner's compensation 3468 BURKE COUNTY HOSPITAL AUTHORITY Vacancies 3976 BUTTS COUNTY Homestead exemptions, proposed amendment to the Constitution 2333

Page 4793

C CALLAWAY, MS. TERESA M. Compensation for damages 4554 CAMDEN COUNTY See also Tabular IndexCounty MattersHome Rule Actions Additional judge of superior court 959 Land conveyance authorized 1501 CAMPAIGN AND FINANCIAL DISCLOSURE ACT Amended 724 CARPENTER, GEORGE S. Bridge designated 3992 CARROLL COUNTY Additional judge of superior court 1447 Salary of clerk of superior court 3961 CARTLEDGE, DONALD K. Compensation for damages 4543 CATOOSA COUNTY Board of education referendum 4250 Board of tax administrators, proposed amendment to the Constitution 2154 Board of utilities commissioners 3935 Commissioner's salary, etc. 4166 Compensation, etc. of named county officers and employees 3570 Compensation of coroner 3555 District attorney's clerical assistance 1179 Sheriff's budget 4163 Tax commissioner's clerical allowance 4255 CECIL, CITY OF New charter 3331 CEMETERIES Registration and regulation 719 CENTERVILLE, CITY OF Corporate limits 3702

Page 4794

CHARITABLE CONTRIBUTIONS Contributions of public funds in certain counties (550,000 or more) 3406 CHARITIES Professional fund raising for eleemosynary institutions 335 CHARLTON COUNTY Homestead exemptions, proposed amendment to the Constitution 2297 Vacancies on board of commissioners 4358 CHATHAM COUNTY Consolidation votes with City of Savannah, proposed amendment to the Constitution 2158 Recorder's court, proposed amendment to the Constitution 2209 CHATHAM COUNTY, STATE COURT OF Pre-trial division, etc. 4380 CHATSWORTH, CITY OF Mayor's court fines 3153 CHATTOOGA COUNTY District attorney's clerical assistance 1179 Small claims court act amended 4293 CHEROKEE COUNTY Board of education elections, etc., referendum 3275 Compensation of county attorney 3278 CHILD ABUSE Reports by physicians, etc. 921 CHILD ABUSE JOINT STUDY COMMITTEE Created 819 CHILD SUPPORT PAYMENTS Fees of receiver 755 CHILDREN AND YOUTH ACT Amended, juvenile detention centers 1046

Page 4795

CHINA, REPUBLIC OF Privileges, etc. of Coordination Council for North American Affairs of Republic of China 46 CHIROPRACTIC EXAMINERS, STATE BOARD OF Members 67 CHIROPRACTORS Insurance policies covering services within scope of chiropractors 1279 CIVIL COURTS See also numed court Judges' salaries in certain counties (145,000165,000) 3723 CIVIL DEFENSE ACT OF 1951 State grants 1247 CIVIL PRACTICE ACT See also practice and procedure Alternate form of service of process 1124 Amended, forms 649 CLARKE COUNTY Merit system of employment, proposed amendment to the Constitution 2305 Terms of superior court 355 CLAY COUNTY Small claims court 3545 CLAYTON COUNTY Compensation of board of commissioners 3514 Compensation of coroner, deputy coroner, etc 3511 Compensation of judge of probate court 3517 Compensation of named county officers 3887 Compensation of tax commissioner 3519 Homestead exemptions, proposed amendment to the Constitution 2310 CLAYTON COUNTY BUSINESS AND INDUSTRIAL AUTHORITY Authorized, proposed amendment to the Constitution 2290 CLAYTON COUNTY, STATE COURT OF Compensation of judge, solicitor, terms of court 3890

Page 4796

CLAYTON JUDICIAL CIRCUIT Compensation of district attorney 378 Compensation of judges of superior court 375 Compensation of official court reporters 383 CLERKS OF SUPERIOR COURTS See also named county Recording of maps, plats, etc. 826 CLINCH COUNTY Compensation of board of commissioners 3318 Homestead exemptions, proposed amendment to the Constitution 2295 Tax commissioner's salary 3316 COBB COUNTY Compensation of judge of juvenile court 4133 Homestead exemptions, proposed amendment to the Constitution 2098 COBB COUNTY-MARIETTA WATER AUTHORITY Bonds 3265 COBB COUNTY, STATE COURT OF Arrest powers of investigators 3812 Judge pro hac vice 3608 Mgistrate pro hac vice 3894 COBB JUDICIAL CIRCUIT Compensation of full time court reporters 1456 COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY Created 4091 COFFEE COUNTY Election of school superintendent, referendum 1795 Small Claims Court Act amended 4384 COHUTTA, CITY OF Corporate limits, referendum 4122 COLEMAN, CITY OF New charter 4205

Page 4797

COLQUITT COUNTY Allocation of proceeds of local sales and use tax 4565 Taxation for education, proposed amendment to the Constitution 2127 COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 2071 COLLEGE PARK, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. COLUMBIA COUNTY Board of commissioners created, referendum 3707 COLUMBUS, GEORGIA Charter amended 3918 , 3921 , 3924 , 3927 , 3929 , 4140 , 4147 , 4158 Charter review commissions, proposed amendment to the Constitution 2045 Convention and visitors board of commissioners 3983 Council meetings 4160 Elections 4149 Interim provisions repealed 4138 Judge of probate court 4143 Ordinances 4136 Property taxes 4378 Salary of judge of municipal court 4241 Salaries of mayor and council 4155 Taxing districts 4152 COLWELL, PAT E. Pat E. Colwell Road designated 4564 COMMERCE, CITY OF Encroachments on sidewalks 4537 COMMISSIONER OF THE POOR Office abolished 451 COMMUNITY AFFAIRS, DEPARTMENT OF Duties, etc 1316 COMPILER OF LAWS Secretary of State to employ 88

Page 4798

CONDOMINIUM ACT Amended 487 , 1406 CONSOLIDATED ATLANTA PROPERTIES LIMITED (CAPCO) Lease amendment 1520 CONSTITUTION REVISION Expenses of select committee 1480 CONSTRUCTION INDUSTRY LICENSING BOARD Created 1299 CONTROLLED SUBSTANCES ACT Amended 432 CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT Enacted 82 CONVICTS Possession of currency, etc. 1095 COOPERATIVE MARKETING ACT Amended 635 , 924 CORDELE JUDICIAL CIRCUIT Additional judge 1212 Terms 687 CORDELE OFFICE BUILDING AUTHORITY Projects 3972 CORONERS See also named county. Compensation in certain counties (10,60010,900) 1185 Compensation in certain counties (17,51017,560) 4332 Compensation in certain counties (33,60034,500) 3607 Compensation in certain counties (90,000140,000) 3513 Compensation in certain counties (145,000165,000) 3723 Compensation in certain counties (180,000190,000) 3600 Deputies, etc. 543 Office abolished, etc. in DeKalb County 3827 CORPORATE SURETIES Obligee defined 1159

Page 4799

CORPORATIONS Georgia Business Corporation Code amended 623 , 715 Registered agents, etc. 603 Reviver of corporations, etc. 1188 CORRECTIONAL INDUSTRIES ACT Amended 731 CORRECTIONS, STATE BOARD OF Funds to counties 470 Habitual offenders, etc. 2002 Possession of currency, etc. by convicts 1095 COSMETOLOGY, STATE BOARD OF Membership, termination date, etc. 1420 COUNTIES Contracts 534 Delegation of authority to approve, certain claims 463 Funds for burial of paupers 722 Funds from State Board of Corrections 470 Meritorious service, etc. awards to employees, proposed amendment to the Constitution 2105 Redevelopment powers, proposed amendment to the Constitution 2089 COUNTY COMMISSIONERS Compensation in certain counties (20,40020,600) 4184 COUNTY LINES Survey and plat, when recorded 1178 COUNTY OFFICERS Compensation of named offices in certain counties (180,000190,000) 3600 COUNTY PURCHASING DEPARTMENTS Amended as to certain counties (200,000 or more) (550,000 or more) 3858 COURT REPORTERS See also named circuit or court. Georgia Court Reporting Act amended, temporary employment permits 528

Page 4800

COURTS Fees for receiving child support payments 755 Subpoenas, etc.; witness fees, etc. 70 Superior court clerks, fees for attendance upon the courts 1045 COURTS OF INQUIRY Jurisdiction, etc. 415 COVINGTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Charter amended 3896 COWETA JUDICIAL CIRCUIT Additional judge 1447 CRAWFORD COUNTY Office of treasurer abolished 4184 CRIME INFORMATION CENTER Audits 394 CRIMES Bad checks 1034 , 1147 Bail jumping 387 Burglary defined, etc. 770 Furnishing, etc. alcoholic beverages to underage persons 1206 Georgia Racketeer Influenced and Corrupt Organizations Act 405 Illegal use of financial transaction cards, etc. 1083 Loitering and prowling 388 Operation of motor vehicles in violation of Code section 68-201. 746 Removal of dead bodies from graves 1434 Removal of identifying marks, etc. from animals 1062 Sales to political subdivisions, etc. 733 Unlawful conversion of tax proceeds 834 CRIMINAL PROCEDURE Appeal bonds 1359 Courts of inquiry 415 Criminal investigation warrants, importation or sale of marijuana 326 Discovery 1388 Prosecution involving property of the Department of Transportation 590 Restitution 1382 Trials on accusations, etc. 452 Sealing of certain criminal records 1683

Page 4801

Unified review procedure in death penalty cases 390 Use of depositions 426 Witness fees to law enforcement officers 439 CRISP COUNTY Additional judge of superior court 1212 Terms of superior court 687 CROUCH, JERRY Compensation for damages 4551 CUMMING, CITY OF Punishment imposed by police court 3159 D DADE COUNTY District attorney's clerical assistance 1179 Sheriff's budget, etc. 3125 DAIRY ACT OF 1980 Enacted 981 DALTON, CITY OF Compensation of recorder 3463 Homestead exemptions, proposed amendment to the Constitution 2223 Retirement system amended 3242 DANVILLE, CITY OF Homestead exemptions, proposed amendment to the Constitution 2169 DAWSON COUNTY Salaries of official court reporters 369 DEAD BODIES Removal from graves, etc. 1434 DEAF PERSONS Rights 1131 DEAN, W. P. Compensation for damages 3104

Page 4802

DEBTS DUE STATE AND LOCAL GOVERNMENTS Interest rate 1759 DECATUR, CITY OF Ad valorem taxation, proposed amendment to the Constitution 2196 DECATUR COUNTY Board of education residency requirements, referendum 3272 Small claims court act amended 3186 DEEDS Taxation of certain deeds 491 DEEDS OF TRUST Domestic corporations 472 DEEDS TO SECURE DEBT Effect of open-end conveyances 1550 , 1765 Transfer 976 DEFAULT JUDGMENTS Procedure, etc. 833 DeKALB COUNTY See also Tabular IndexCounty Matters-Home Rule Actions. Board of commissioners, referendum 3996 Compensation of judge of probate court 3502 Medical examiner, proposed amendment to the Constitution 2106 Office of medical examiner created 3827 Recorder's court jurisdiction, proposed amendment to the Constitution 2125 DeKALB COUNTY, STATE COURT OF Services of former judges, etc. 4002 DEPARTMENT OF HUMAN RESOURCES Aging section created 1008 DEPARTMENT OF NATURAL RESOURCES Disposition of property 587 DEPARTMENT OF TRANSPORTATION Criminal prosecutions involving property of department 590

Page 4803

DEPOSITORY ACT State Depository Board Act amended 763 DEPOSITS OF PUBLIC FUNDS Regulated 969 DEPUTY SHERIFFS Oaths 527 DeSOTO, CITY OF New charter 4422 DEVELOPMENT AUTHORITIES LAW Amended, per diem allowances in certain counties (550,000 or more) 806 Amended, project defined, etc. 1332 DISABLED PERSONS Access to buildings and facilities 1344 Handicapped parking law 1334 DISTRICT ATTORNEY EMERITUS Act creating office amended 939 DISTRICT ATTORNEYS See also named circuit or county. Compensation of secretaries in certain circuits (103,000135,000) 1157 Salary supplements 830 DISTRICT ATTORNEYS' RETIREMENT SYSTEM Amended 925 DODGE COUNTY Small claims court act amended 4194 DOOLY COUNTY Additional judge of superior Court 1212 Terms of superior court 687 DORAVILLE, CITY OF Homestead exemptions, proposed amendment to the Constitution 2102

Page 4804

DOUGHERTY, ALBANY, INNER CITY AUTHORITY ACT Amended 4340 Members, etc. 3184 DOUGHERTY COUNTY Small claims court act amended 4407 DOUGHERTY COUNTY BOARD OF EDUCATION Contracts with Dougherty County Board of Education 3007 DOUGHERTY COUNTY, STATE COURT OF Judge's salary 4258 DOUGLAS, CITY OF Quorum of Board of Commissioners 4298 DOUGLAS COUNTY Ad valorem taxation, proposed amendment to the Constitution 2148 Board of commissioners 4371 Compensations of board of education, referendum 4120 Ordinances, etc., proposed amendment to the Constitution 2146 DOUGLAS JUDICIAL CIRCUIT Created 563 DRUGS Georgia Controlled Substances Act amended 432 , 1288 Third-Party Prescription Program Act 1761 DUBLIN, CITY OF Terms of mayor and council, referendum 3189 DUBLIN JUDICIAL CIRCUIT Additional judge 316 E EARLY COUNTY Clerk for board of commissioners 3575 Office of treasurer abolished 3577

Page 4805

EASTERLING, MS. M. KATHY Compensation for damages 4555 EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY ACT Amended 4080 EAST POINT, CITY OF See also Tabular IndexMunicipalitionsHome Rule Amendments. Elections 3116 ECHOLS COUNTY Board of commissioners 3727 Compensation of clerk of superior court 3724 EDUCATION Adequate Program for Education in Georgia Act amended 448 , 450 , 465 , 1010 Adequate Program for Education in Georgia Act amended, instructional media, etc. 1413 Assistance in obtaining education beyond twelfth grade 835 Boards of education in certain counties (10,75010,900) 4310 General obligation debt for education facilities, proposed amendment to the Constitution 2032 Grants to local public school systems 1789 Health Insurance for public school employees 1538 , 1541 Local hearings, handicapped children exemption 1508 Professional Teaching Practices Act 1214 Program for certified teachers, proposed amendment to the Constitution 2033 Purchase of uniforms used by public schools, proposed amendment to the Constitution 2108 School bus drivers' sick leave 2001 Special education leadership positions 698 EDUCATION, STATE BOARD OF Schools for deaf and blind 645 EDWARDS, CHARLES G., POST 660 OF VFW. Lease of land 41

Page 4806

EFFINGHAM COUNTY Board of county commissioners 3523 Board of education, referendum 3542 Coroner's compensation 3521 Terms of superior court 374 EFFINGHAM COUNTY, STATE COURT OF Salaries of judge and solicitor 3527 EGGS Labeling, etc. of cases of eggs 690 ELBERT COUNTY Compensation of clerk of superior court and judge of probate court 4201 Salary, etc. of additional judge of superior court 1232 Terms of superior court 364 ELBERT COUNTY, STATE COURT OF Terms 4199 ELBERTON, CITY OF See Tabular Index Municipalities Home Rule Amendments. ELDERLY Residential Care Facilities for Elderly Authorities Act 1466 Services for the Aged Study Committee created 1482 Tax deferral program 1707 ELECTIONS Boards of elections created in certain counties (11,340 11,390) 3003 Boards of registration and elections in certain counties (200,000600,000) (350,000600,000) 4001 Campaign and Financial Disclosure Act Amended 724 Georgia Election Code Amended 312 , 1256 Municipal Election Code Amended 314 Municipal Election Code Amended, deputy registrars, etc. 1005 Placement of names on voting machines 437 Presidential perference primaries 5 Public Officers Recall Act Amended 1436 Sale of alcoholic beverages on election days 1126 Special elections 685 Special municipal elections 684

Page 4807

ELECTRIC MEMBERSHIP CORPORATION ACT Amended 72 ELEEMOSYNARY INSTITUTIONS Professional fund raising 335 ELKINS, LISTON, PARKWAY Liston Elkins Parkway designated 3989 EMANUEL COUNTY Small claims court act amended 4273 EMERGENCIES Removal of civil liability when equipment is provided without cost 1048 EMERGENCY MEDICAL TECHNICIANS Health Code Amended 1170 EMERGENCY TELEPHONE NUMBER 911 SERVICE ACT of 1977 Amended 699 EMPLOYEES' HEALTH INSURANCE Dental coverage, vision care, etc. 966 Health insurance plan amended 94 Health maintenance organizations 965 EMPLOYEES' RETIREMENT SYSTEMS Amended 925 Prior service with counties 1544 EMPLOYMENT SECURITY LAW Amended 1553 , 1563 , 1565 EMPLOYMENT TAXES Levy by municipalities limited 1298 ENERGY REGULATORY REFORM COMMISSION Created 812 ENERGY RESOURCES, COUNCIL FOR Act amended 1169

Page 4808

EROSION AND SEDIMENTATION ACT OF 1975 Amended 942 ESTATES, ADMINISTRATION OF Inheritance by and from illegitimates 1432 ETOWAH WATER AND SEWER ACT Enacted 3407 EVANS COUNTY Salary supplements for judges of superior court and district attorney 1222 Superior court terms 4000 EVIDENCE Depositions in criminal cases 426 EXECUTIVE REORGANIZATION ACT OF 1972 Amended, Division of Forensic Sciences of Bureau of Investigation 497 F FACTORY FOR THE BLIND Surplus funds 759 FAIR BUSINESS PRACTICES ACT OF 1975 Regulation of professional fund raising 335 FAIR EMPLOYMENT PRACTICES ACT OF 1978 Repealer repealed 356 FAMILY AND CHILDREN SERVICES AGENCIES Investigations, etc. 1149 FANNIN COUNTY Compensation, etc. of board of commissioners 3809 Salary, etc. of clerk of superior court 4324 Sheriff's personnel 3689 FARMERS MARKETS Establishments, etc. 572

Page 4809

FAYETTE COUNTY Funds to promote county, proposed amendment to the Constitution 2225 Small claims court Act amended 4344 FEDERAL INTERGOVERNMENTAL COOPERATION ACT OF 1968 Amended 736 FELONS Possession of firearms 1509 FINANCIAL INSTITUTIONS Tenancy in common, etc. defined 753 FINANCIAL INSTITUTIONS CODE OF GEORGIA Amended 972 Change of control of financial institution 1076 FINANCIAL TRANSACTION CARDS Illegal use 1083 FIRE ACADEMY ACT Amended 431 FIREARMS Possession by convicted felons 1509 FIRE DEPARTMENTS Authority and power 1395 Pension system for members of paid departments in certain cities amended (more than 300,000) 3201 , 3204 , 3692 FIRE FIGHTERS STANDARDS AND TRAINING ACT Enacted 1242 FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL Qualifications of fire fighters 601 FIREMEN Indemnification, proposed amendment to the Constitution 2166 Tort liability 1173 FIREMEN'S PENSION FUND Increase in benefits, proposed amendment to the Constitution 2087

Page 4810

FISHER, TOM S. Land conveyance authorized 796 FLORENCE, NORMA JEAN Compensation for damages 4547 FLOWERY BRANCH, CITY OF Election of councilmen 3646 FLOYD COUNTY See also Tabular IndexCounty MattersHome Rule Actions. Additional judge of superior court 782 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2176 Juvenile court judge, proposed amendment to the Constitution 2200 Rome, Floyd County Development Authority Act amended 3060 Staggered terms of commissioners, proposed amendment to the Constitution 2202 FLOYD, JAMES H. SLOPPY James H. Sloppy Floyd Veterans Memorial Building named 785 FLUORIDATION Water supplies of certain counties (100,000-160,000) 4343 FOOD Kosher food defined, etc. 1767 FORECLOSURE PROCEDURE Personal property 822 FOREST, BEN Compensation for damages 4560 FORESTERS, STATE BOARD OF Members 54 FORESTRY COMMISSION, STATE Sale of seedlings, etc. 561 FORTSON, BEN W., JR. State Archives and Records Building designated 1199

Page 4811

FRANKLIN COUNTY Clerk of superior court placed on salary basis 4169 Compensation of county commissioner 4177 Judge of probate court placed on salary basis 4173 Salary, etc. of additional judge of superior court 1232 Tax commissioner placed on salary basis 4180 Terms of superior court 364 FRANKLIN COUNTY WATER AND SEWERAGE AUTHORITY ACT Enacted 4388 FRAUDULENT, ETC. PRACTICES IN THE SALE OF BUSINESS OPPORTUNITIES Enacted 1233 FULTON COUNTY Board of education pension fund 3196 Employee pension system 3611 Public safety service districts, proposed amendment to the Constitution 2048 Retirement of certain former employees, proposed amendment to the Constitution 2053 FULTON COUNTY, STATE COURT OF Costs 3309 Judge emeritus 3363 Magistrates 3735 Vacancies 3855 FUNERAL SERVICE, BOARD OF Termination date, inspectors, etc. 1097 G GAINESVILLE AREA PARK COMMISSION ACT Enacted 4054 GAINESVILLE DEVELOPMENT AUTHORITY Authorized, proposed amendment to the Constitution 2024 GAME AND FISH See also Natural Resources, Department of Code amended 2004 Georgia Boat Safety Act amended 738 Raccoon trapping 323

Page 4812

GARNISHMENT Procedure, etc. 1769 GENERAL ASSEMBLY Compensation of members 756 Legislative Retirement System amended 925 Redevelopment powers to counties and municipalities, proposed amendment to the Constitution 2089 GEOLOGISTS Registration Act of 1975 amended 50 GEORGIA ADMINISTRATIVE PROCEDURE ACT Amended 820 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Membership, etc. 568 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT Amended 598 GEORGIA ALCOHOLIC BEVERAGE CODE Enacted 1573 GEORGIA AUCTIONEERS COMMISSION Termination date 1357 GEORGIA BARBERS ACT Amended 59 , 530 GEORGIA BOAT SAFETY ACT Amended 738 GEORGIA BUREAU OF INVESTIGATION Arrest powers of agents 420 Division of Forensic Sciences 497 Regulation of non profit bingo games 422 GEORGIA BUSINESS CORPORATION CODE Amended 623 , 715 Registered agents 603 Revivers, etc. 1188

Page 4813

GEORGIA CIVIL DEFENSE ACT OF 1951 Amended, state grants 1247 GEORGIA CODE OF PUBLIC TRANSPORTATION Amended 1017 Amended, parking facilities 773 Amended, trailers, etc. 576 Leases of property, etc. 775 GEORGIA CONDOMINIUM ACT Amended 487 , 1406 GEORGIA CONTROLLED SUBSTANCES ACT Amended 432 , 1288 GEORGIA CORRECTIONAL INDUSTRIES ACT Amended 731 GEORGIA COUNCIL FOR ENERGY RESOURCES Act amended 1169 GEORGIA COURT REPORTING ACT Amended, temporary employment permits 528 GEORGIA CRIME INFORMATION CENTER Audits 394 GEORGIA DAIRY ACT OF 1980 Enacted 981 GEORGIA EDUCATIONAL LOAN PROGRAM Enacted 835 GEORGIA ENERGY REGULATORY REFORM COMMISSION Created 812 GEORGIA FACTORY FOR THE BLIND Surplus funds 759 GEORGIA FIRE ACADEMY ACT Amended 431 GEORGIA FIRE FIGHTER STANDARDS AND TRAINING ACT Amended 1242

Page 4814

GEORGIA FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL Qualifications of fire fighters 601 GEORGIA FIREMEN'S PENSION FUND Increase in benefits, proposed amendment to the Constitution 2087 GEORGIA HIGH SCHOOL ASSOCIATION Study committee created 1205 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Created 835 GEORGIA HISTORIC PRESERVATION ACT Enacted 1723 GEORGIA INDUSTRIAL LOAN ACT Amended 509 Amended, penalty provisions 1784 GEORGIA INSURANCE CODE Amended 516 Amended, license fees, etc. 1163 Amended, reinsurance, etc. 1108 Property insurance 760 GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT Amended 638 GEORGIA LEGISLATIVE RETIREMENT SYSTEM ACT Amended 611 GEORGIA MICROFORMS ACT Enacted 519 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 589 Amended, liability of members 824 GEORGIA MILITARY SCHOLARSHIP ACT Enacted 1292

Page 4815

GEORGIA MOUNTAIN FAIR AUTHORITY OF TOWNS COUNTY Created 3134 GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT Amended, police chaplains 1127 Amended, radar operators 979 GEORGIA PESTICIDE CONTROL ACT OF 1976 Amended, violations, etc. 747 GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976 Amended, license fees, etc. 749 GEORGIA PLANT FOOD ACT OF 1970 Amended 1150 GEORGIA PORTS AUTHORITY Arrest powers of investigators 503 GEORGIA POWER COMPANY Exchange of land authorized 1202 GEORGIA PUBLIC REVENUE CODE See also Public Revenue Amended 10 , 436 GEORGIA PUBLIC SAFETY TRAINING CENTER ACT Enacted 429 GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT Amended 1269 Amended, bonds, etc. 351 GEORGIA RICO ACT Racketeer influenced and corrupt organizations act enacted 405 GEORGIA SAFE DAMS ACT OF 1978 Amended 922 GEORGIA SEED DEVELOPMENT ACT Amended 348

Page 4816

GEORGIA STATE BOARD OF PHYSICAL THERAPY Act amended 1053 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT Amended 555 GEORGIA STUDENT FINANCE AUTHORITY ACT Enacted 835 GEORGIA STUDENT FINANCE COMMISSION Created 835 GEORGIA TAX REFORM COMMISSION Amended 1684 GLYNN COUNTY Additional judge of superior court 959 Compensation, etc. of clerk of superior court and probate court judge 3766 Facilities, etc. for sheriff's office 4457 GLYNN COUNTY, BRUNSWICK, CHARTER COMMISSION Appropriations, etc. 3950 GLYNN COUNTY, STATE COURT OF Salaries 4517 GOODWILL INDUSTRIES OF THE COASTAL EMPIRE, INC. Lease authorized 43 GORDON COUNTY Compensation of named county officers 3586 Compensation of tax commissioner 3588 Homestead exemptions, proposed amendment to the Constitution 2247 Vacancies on board of education, referendum 3720 GOVERNOR Appointment of members of examing boards 1162 Compensation 758 GRANDPARENTS Visitation rights, etc. 936

Page 4817

GRAVES Removal of dead bodies 1434 GREAT PARK AUTHORITY Created 328 GREENE COUNTY Development Authority Act amended 3105 GRIFFIN DEVELOPMENT AUTHORITY Created, etc., proposed amendment to the Constitution 2315 GRIFFIN DEVELOPMENT AUTHORITY ACT Amended 4413 GRUMMAN AEROSPACE CORPORATION Land conveyance authorized 808 GUARDIAN AND WARD Guardians of incapacitated adults 1661 GWINNETT COUNTY Recorder's Court 3539 GWINNETT JUDICIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 2010 H HABERSHAM COUNTY Homestead exemptions, proposed amendment to the Constitution 2283 Taxes for educational purposes, proposed amendment to the Constitution 2280 HALL COUNTY Board of elections, proposed amendment to the Constitution 2227 Salaries of official court reporters 369 HALL COUNTY, STATE COURT OF Judge's compensation 3605 HAMRICK, MRS. MARGRET B. Compensation for damages 4556

Page 4818

HANDICAPPED PARKING LAW Enacted 1334 HANDICAPPED PERSONS Access to buildings and facilities 1344 HAPEVILLE, CITY OF New charter 3769 HAPEVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 2055 HARALSON COUNTY Compensation of judge of probate court 4224 Treasurer's compensation 3967 HARRISON, TOWN OF Charter amended 3582 HART COUNTY Salary, etc. of additional judge of Superior Court 1232 Terms of superior court 364 HAWKINSVILLE, PULASKI COUNTY, DEVELOPMENT AUTHORITY ACT Amended 3905 HAZLEHURST, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. HEALEY, MRS. MARI PARKER Compensation for damages 4550 HEALTH Eye Banks 1328 Habilitation of mentally retarded persons 1160 Licensure of home health agencies etc 1790 Long-Term Care Facility Resident Abuse ReportingAct 1261 Notification and consultation rights, etc 1451 Peer review protection 1282 Registration of spinal-cord disabled persons 1245 Removal of dead bodies from graves 1434

Page 4819

HEALTH CODE Amended, advanced emergency medical technicians, etc 1170 Teaching hospitals, reports of non-accidental injuries 1040 HEALTH INSURANCE Coverage for retired State employees 9 Employees health plan amended 94 Health maintenance plans for State employees 965 Public school teachers 963 HEARD COUNTY Additional judge of superior court 1447 HELENA, CITY OF Charter amended 4354 HEMPERLEY, III, MR MRS. CARLOS MASON Compensation for damages 4546 HENRY COUNTY Board of County Commissioners, referendum 3009 Conveyance of land located in Henry County authorized 799 Development Authority Act amended 3087 Homestead exemptions, proposed amendment to the Constitution 2255 , 2257 Ordinances, etc., proposed amendment to the Constitution 2303 Small Claims Court Act amended 3958 HIGHER EDUCATION ASSISTANCE CORPORATION Created 835 HISTORIC PRESERVATION ACT Enacted 1723 HOLLAND, ARCHIBALD Archibald Holland Bridge designated 4561 HOLLY SPRINGS, CITY OF New charter 3281 HOME HEALTH AGENCIES Licensure, etc 1790

Page 4820

HOMESTEAD EXEMPTIONS See also named County or municipality Code Title 51 amended 952 HOSPITAL AUTHORITIES Revenue Anticipation certificates 1140 HOSPITAL SERVICE NONPROFIT CORPORATIONS Directors 68 HOSPITALS Advisory Council for construction and licensure abolished 784 Reports of non-accidental injuries by teaching hospitals 1040 HOUSE OF REPRESENTATIVES Compensation of members 756 HOUSING AUTHORITIES LAW Amended, bonds 1094 HOUSTON COUNTY Homestead exemptions, proposed amendment to the Constitution 2163 HUMAN RESOURCES, DEPARTMENT OF Aging section created 1008 I ILLEGITIMATES Inheritance 1432 INDEMNIFICATION FOR DEATHS OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC. Provisions for indemnifications 700 INDIAN AFFAIRS Commission abolished, functions transferred 346 INDUSTRIAL LOAN ACT Amended 509 INHERITANCE By and from illegitimates 1432

Page 4821

INSURANCE Act authorizing self insurance of State agencies amended 399 Cancellation or modification of policies 1011 Conversion privileges of certain policies 1393 Filing of rates, etc. 1063 Georgia Insurance Code amended 516 , 1108 Liability insurance for members of organized militia 1358 License fees, etc. 1163 Medicare supplement health insurance 1266 , 1418 Outpatient surgical procedures 1251 Policies covering services within scope of applied psychologists 1249 Policies covering services within scope of chiropractors 1279 Property insurance, etc. 760 Taxation of life insurance companies, proposed amendment to the Constitution 2203 Uninsured motor vehicle insurance coverage, etc. 1428 INSURANCE PREMIUM FINANCE COMPANY ACT Amended 505 INTANGIBLE PROPERTY Taxation 332 INTEREST AND USURY Interest rates 511 Interest rates on commercial accounts 514 Motor Vehicle Sales Finance Act amended 523 Penalty provisions under Georgia Industrial Loan Act 1784 INTERROGATORIES Use in civil cases 938 IRWIN COUNTY Additional judge of superior court 680 Office of tax commissioner created, referendum 3030 J JACKSON COUNTY Board of education, proposed amendment to the Constitution 2276 JAIL STANDARDS STUDY COMMISSION Amended 385

Page 4822

JASPER COUNTY Judge of probate court placed on salary basis 3753 Small claims court act amended 3658 JEFF DAVIS COUNTY Additional judge of superior court 959 JEFFERSON COUNTY Small claims court act amended 3465 JEFFERSONVILLE, CITY OF Compensation of mayor and councilmen 4192 JENKINS COUNTY Terms of superior court 374 JOHNSON, GEORGE H. Resolution authorizing exchange of land repealed 1500 JOINT BOARD OF FAMILY PRACTICE ACT Amended 571 JOINT EMERGENCY MEDICAL SERVICES STUDY COMMITTEE Created 1486 JOINT LOCAL MENTAL HEALTH AND MENTAL RETARDATION GOVERNANCE STUDY COMMITTEE Created 1493 JONES COUNTY Clerk of superior court placed on salary basis 3621 Compensation, etc. of board of commissioners 3625 Probate court clerks, etc. 3628 Tax collector placed on salary basis 3613 Tax receiver placed on salary basis 3617 JORDAN, SR., JAMES C. Compensation for damages 4563 JUDGMENTS Garnishments, etc. 1769 Interest rate 1118 Judgments without jury verdicts, proposed amendment to the Constitution 2103

Page 4823

JUDGMENTS, DEFAULT Procedure, etc. 833 JUSTICE COURTS TRAINING COUNCIL ACT Amended 638 JUSTICES OF THE PEACE Duties 441 JUVENILE COURT CODE Amended 416 Amended, designated felony acts, etc. 1013 JUVENILE COURTS Judges salaries in certain counties (180,000-190,000) 3600 Venue, proposed amendment to the Constitution 2174 JUVENILE DETENTION CENTERS Children and Youth Act amended 1046 K KING, ALLEN D. Compensation for damages 4552 KITE, TOWN OF Charter amended 3505 KOSHER FOODS Defined, etc. 1767 L LaGRANGE, CITY OF Elections 3323 LaGRANGE, DOWNTOWN DEVELOPMENT AUTHORITY Amended 3034 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT Amended 765

Page 4824

LAMAR COUNTY Compensation of board of commissioners 3593 Compensation of judge of probate court 3595 Compensation of tax commissioner 3597 LANDSCAPE ARCHITECTS Board of Landscape Architects Act amended 591 LAND SURVEYORS Compensation when settling county line disputes 1280 LANIER ISLANDS DEVELOPMENT AUTHORITY ACT Amended 765 LAURENS COUNTY Board of county commissioners, referendum 3016 Compensation of judge of probate court 4275 Office of treasurer abolished, etc. 3480 Small claims court act amended 4265 LAURENS COUNTY, STATE COURT OF Abolished 3268 Salaries of judge and solicitor 3320 LAW ENFORCEMENT OFFICERS Indemnification for death of certain officers 700 Indemnification for deaths of certain law enforcement officers 1343 Indemnification, proposed amendment to the Constitution 2166 Witness fees 439 LEGISLATIVE ADVISORY COMMITTEES Created in certain counties (170,000-190,000) 4281 LEGISLATIVE COUNSEL Secretary of State to furnish laws 644 LEGISLATIVE RETIREMENT SYSTEM ACT Amended 611 , 925 LENOX, TOWN OF Elections 3860 LESLIE, CITY OF Appeals from municipal court 4244

Page 4825

LIBERTY COUNTY Salary supplements for judges of superior court and district attorney 1222 LIBERTY COUNTY INDUSTRIAL AUTHORITY Members, etc., proposed amendment to the Constitution 2221 LIBRARIANS, STATE BOARD FOR CERTIFICATION Act amended 489 Members 1075 LICENSE FEES Date of payment when due date falls on Saturday, Sunday or legal holiday 712 LILBURN, CITY OF New charter 3164 LILLY, CITY OF Elections, etc. 3970 LIVESTOCK DEALERS Licensing act repealed 1107 LOCAL GOVERNMENT FINANCIAL MANAGEMENT STANDARDS Enacted 1738 LOCAL GOVERNMENT INVESTMENT POOL ACT Enacted 1715 LOCAL OPTION SALES AND USE TAX ACT Amended 1764 LOITERING AND PROWLING Crime defined, etc. 388 LONG COUNTY Salary supplements for judges of superior court and district attorney 1222 Small claims court created 4110 Tax commissioner's compensation 3579 LONG-TERM CARE FACILITY RESIDENT ABUSE REPORTING ACT Enacted 1261

Page 4826

LOOKOUT MOUNTAIN JUDICIAL CIRCUIT District attorney's clerical assistance 1179 LOUISVILLE NASHVILLE RAILROAD COMPANY Easement authorized 1489 LOWNDES COUNTY Compensation of board of commissioners 3567 Homestead exemptions, proposed amendment to the Constitution 2207 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2160 LUDOWICI, CITY OF Charter amended 3667 LUMPKIN COUNTY Small claims court created 3815 Salaries of official court reporters 369 LYONS, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Vacancies on city council 3499 M MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980 Enacted 4313 MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY Bonds, proposed amendment to the Constitution 2128 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY 1974 Act reenacted 3150 Amended 4004 MACON, CITY OF Ad valorem taxation, proposed amendment to the Constitution 2092 Conveyance of land located in city of Macon authorized 803 Taxation 4311 MADISON, CITY OF Mayor's court 4296

Page 4827

MADISON COUNTY Compensation of chairman of board of commissioners 3559 Compensation of coroner 3562 Salary, etc. of additional judge of superior court 1232 Terms of superior court 364 MALT BEVERAGES Sale by the drink on Sundays in certain counties (200,000-600,000) (350,000-550,000) 3661 MANCHESTER, CITY OF Corporate limits 3564 MAPS, PLATS, ETC. Recording by superior court clerks 826 MARIETTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Cobb CountyMarietta Water Authority bonds 3265 Corporate limits 4350 Homestead exemptions, proposed amendment to the Constitution 2123 MARIETTA, COBB, COLISEUM AND EXHIBIT HALL AUTHORITY Created 4091 MARIETTA, DOWNTOWN DEVELOPMENT AUTHORITY ACT Amended 3866 MARIJUANA Criminal investigation warrants 326 MARION COUNTY Homestead exemptions, proposed amendment to the Constitution 2338 MARRIAGE LICENSES Notification of parents in certain circumstances 438 MARTIN, TOWN OF New charter 3215 McDUFFIE COUNTY Compensation of board of commissioners 3259 Compensation of coroner 3262

Page 4828

McINTYRE, TOWN OF Elections, etc. 3932 McINTOSH COUNTY Board of education, referendum 3112 Salary supplements for judges of superior court and district attorney 1222 MECHANIC LIENS Aircraft 831 MEDICAL PRACTITIONERS Annual renewal of provisional licenses 321 Licensing of aliens, discipline of physicians 3 MENTALLY RETARDED PERSONS Habilitation 1160 MERIWETHER COUNTY Additional judge of superior court 1447 Conveyance of land in Meriwether County authorized 815 METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION ACT OF 1971 Amended 366 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Amended 3831 , 4333 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Amended 790 MICROFORMS Georgia Microforms Act 519 MILEAGE ALLOWANCE FOR STATE TRAVEL State employees 350 MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 589 Amended, liability of members 824

Page 4829

MILITARY SCHOLARSHIP ACT Enacted 1292 MILLEDGEVILLE, CITY OF Budgets, etc. 3649 MILLER COUNTY Tax commissioner's compensation 3038 MINORS Prohibited from certain businesses in certain counties (350,000-500,000) 3161 MITCHELL COUNTY Clerk of superior court placed on salary basis 4085 Coroner placed on salary basis 4290 Probate Court judge placed on salary basis 4088 Tax commissioner placed on salary basis 3716 MONROE COUNTY Homestead exemptions, proposed amendment to the Constitution 2216 MORGAN, JOEL NATHANIEL National Guard Armory designated 789 MORTGAGES Effect of open-end mortgages limited 1550 , 1765 MOTOR COMMON CARRIERS Public service commission, fees, etc. 618 Rates, etc. 1119 Temporary emergency authority 475 MOTOR CONTRACT CARRIERS Public Service Commission, fees, etc. 616 Temporary permits 479 MOTOR FUEL TAXES Congress urged to designate any increase to States 1201 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 507 Amended, reports of county tag agents 1038

Page 4830

MOTOR VEHICLE SALES FINANCE ACT Amended 523 MOTOR VEHICLES Abstracts of driving records 917 Certificate of title Act amended 518 Duty upon striking unattended vehicle 1059 Handicapped parking law 1334 Licensing of vehicles over 24,000 pounds 1050 License plates of State and subdivision owned vehicles 357 Operation in violation of Code section 68-201 746 Removal of abandoned motor vehicles 995 Suspension, etc. of operators' licenses 691 Uninsured motor vehicle insurance coverage, etc. 1428 MOULTRIE, CITY OF Civil service system, etc. 4301 MUNICIPAL COURTS See also named county or municipality. Jurisdiction, proposed amendment to the Constitution 2026 MUNICIPAL ELECTION CODE Amended 314 Special elections 684 MUNICIPAL ELECTIONS Deputy registrars, etc. 1005 MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA Tax exemption repealed 1128 MUNICIPAL PENSION SYSTEMS Amended as to certain municipalities (more than 300,000) 3691 , 3852 MUNICIPALITIES See also named municipality. Annexation in certain counties (200,000-500,000) (350,000-500,000) 4357 Delegation of authority to approve certain claims 463 Levy of employment taxes limited 1298 Meritorious service, etc. awards to employees, proposed amendment to the Constitution 2105 Redevelopment powers, proposed amendment to the Constitution 2089 Taxation of businesses, etc. 1175

Page 4831

MURRAY COUNTY Coroner placed on salary basis 3041 Homestead exemptions, proposed amendment to the Constitution 2050 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2173 MURRAY COUNTY WATER AND SEWER AUTHORITY ACT Enacted 3447 MUSCOGEE COUNTY See also Columbus, Georgia. Compensation of clerk of superior court 3248 Compensation of tax commissioner 3250 Homestead exemptions, proposed amendment to the Constitution 2009 Salary of judge of Municipal Court 4241 MUSCOGEE COUNTY, STATE COURT OF Compensation of judge, solicitor, etc. 4327 MUSEUM OF AGRICULTURE Designated 788 MYERS, HENRY TIFT, AIR MUSEUM AUTHORITY Created 3981 N NAHUNTA, CITY OF New charter 4012 NATURAL RESOURCES, DEPARTMENT OF See also Game and Fish. Authority to acquire part of Sapelo Island 359 Disposition of property 587 State park fund abolished, etc. 324 Transfer of functions of Franklin D. Roosevelt Warm Springs Memorial Commission 593 Use of funds, bag limits on deer 95 NEWINGTON, TOWN OF Elections 4232

Page 4832

NEWNAN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. NEWTON COUNTY Board of education 3473 Compensation of judges of superior court 498 Homestead exemptions, proposed amendment to the Constitution 2171 , 2187 Jurisdiction of small claims court 3470 NORCROSS, CITY OF Corporate limits 4187 NORTHEASTERN JUDICIAL CIRCUIT Terms 369 NORTHERN JUDICIAL CIRCUIT Salary, etc. of additional judge 1232 Terms 364 NUISANCES Agricultural or farming procedures 1253 Manner of abatement, etc. 620 NURSES, STATE BOARD OF LICENSED PRACTICAL Members 58 NURSING HOMES State Board of Nursing Homes Act amended 536 O OAK PARK, TOWN OF Charter amended 3426 OAKWOOD, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. OCCUPATIONAL THERAPY, STATE BOARD OF Members 61 OCONEE COUNTY Board of county commissioners 3757

Page 4833

OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT Enacted 3429 OFFENDER REHABILITATION ACT Correctional Industries Act Amended 731 Habitual offenders, etc. 2002 Notice of escapes to Board of Pardons and Paroles 393 Supplementary appropriation 7 OGEECHEE JUDICIAL CIRCUIT Terms 374 OGLETHORPE COUNTY Board of education 3907 Salary, etc. of additional judge of superior court 1232 Terms of superior court 364 OGLETHORPE POWER CORPORATION Corrective easement 1194 OPEN-END MORTGAGES Effect limited 1550 , 1765 OPEN MEETING ACT Amended, recorded votes 595 OPTICIANS, STATE BOARD OF Examinations, fees, etc. 1101 OPTOMETRISTS Board members; uses of pharmaceutical agents for diagnostic purposes 47 ORGANIZED CRIME PREVENTION COUNCIL Created 396 ORGANIZED MILITIA Liability insurance for members 1358 P PARDONS AND PAROLES, BOARD OF Earned time to parolees 402

Page 4834

Notification by Department of Offender Rehabilitation of escapes 393 Parole guidelines 404 PARENT AND CHILD Paternity suits, etc. 1374 Visitation rights, etc. of grandparents 936 PARKING FACILITIES Code of Public Transportation amended 773 PARKING FEES Deduction of fees from State employees wages 1049 PARKS Great Parks Authority created 328 PATERNITY SUITS Procedure, etc. 1374 PATTERSON, STONEWALL JACKSON, MEMORIAL BRIDGE Designated 3604 PAULDING COUNTY Civil Service System Act 3119 Compensation of clerk of superior court 4461 Fire prevention districts 4463 Homestead exemptions, proposed amendment to the Constitution 2312 PAUPERS Funds for burial of paupers 722 PEACE OFFICER STANDARDS AND TRAINING ACT Amended, police chaplains 1127 Amended, radar operators 979 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 1121 PEACHTREE CITY, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. PELHAM, CITY OF Elections, etc., referendum 3914

Page 4835

PERRY, CITY OF Homestead exemptions, proposed amendment to the Constitution 2151 PESTICIDE CONTROL ACT OF 1976 Amended, violations, etc. 747 PESTICIDE USE AND APPLICATION ACT OF 1976 Amended, license fees, etc. 749 PHARMACEUTICAL AGENTS Use by optometrists for diagnostic purposes 47 PHARMACIES Third-party Prescription Program Act 1761 PHARMACY, BOARD OF Act amended 1746 PHYSICAL THERAPY, STATE BOARD OF Act amended 1053 Members 53 PHYSICANS Annual renewal of provisional licenses 321 Joint Board of Family Practice Act amended 571 Licensing of aliens, discipline of physicians 3 Reports of child abuse 921 PIKE COUNTY Small Claims Court Act amended 4419 PILOTAGE, BOARDS OF COMMISSIONERS Number of pilots for Port of Savannah 1355 PLAINS, CITY OF Charter amended 4402 PLATS County line surveys 1178 Recording by superior court clerks 826 PLANT FOOD ACT OF 1970 Amended 1150

Page 4836

PLUMLEY, JANICE T. Compensation for damages, etc. 4562 POLICE CHAPLAINS Georgia Peace Officer Standards and Training Act amended 1127 POLICE DEPARTMENTS Pension system amended for members of police departments of certain cities (300,000 or more) 3205 , 3208 POLK COUNTY Coroner's compensation, deputy coroner, etc. 4469 Small claims court created 4472 POLK COUNTY, STATE COURT OF Judge's compensation 4580 POLYGRAPH EXAMINERS, STATE BOARD OF Members 57 POOLER, TOWN OF Corporate limits 3131 PORT OF SAVANNAH Number of pilots 1355 PORT WENTWORTH, CITY OF Ordinances 4226 Taxation 4230 POWDER SPRINGS, CITY OF Corporate limits, etc. 3640 POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 2035 PRACTICAL NURSES, STATE BOARD OF Members 58 PRACTICE AND PROCEDURE Alternate form of service of process 1124 Attachment 1065 Civil Practice Act amended, forms 649 Default judgments 833

Page 4837

Foreclosure procedure on personal property 822 Interest rate on judgments 1118 Judgments without jury verdicts, proposed amendment to the Constitution 2103 Garnishment 1769 Mechanic liens on aircraft 831 Paternity suits, etc. 1374 Recovery in wrongful death actions 1154 Use of interrogations 938 Visitation rights of grandparents 936 PRESIDENTIAL PREFERENCE PRIMARY Names of candidates 5 PRISON GUARDS Indemnification, proposed amendment to the Constitution 2166 PROBATE COURTS See also named county. Clerks in certain counties (73,000-89,000) 365 Judges' retirement system 1346 Judges' salaries 551 Judges' salaries in certain counties (145,000-165,000) 3723 Judges' salaries in certain counties (180,000-190,000) 3600 Marriage licenses, duty to notify parents in certain circumstances 438 PROBATION Statewode Probation Act amended 1136 PROBATION ADVISORY COUNCIL Created 400 PROFESSIONAL ENGINEERS Board of registration Act amended, members 968 PROFESSIONAL FUND RAISING Eleemosynary institutions 335 PROFESSIONAL TEACHING PRACTICES ACT Enacted 1214 PROPERTY Tenancy in common defined, etc. 753

Page 4838

PROPERTY, PERSONAL Foreclosure procedure 822 PSYCHOLOGISTS, STATE BOARD OF EXAMINERS Act amended 1336 Members 62 PUBLIC ACCOMMODATIONS Rights of blind, visually handicapped and deaf persons 1131 PUBLIC ACCOUNTANCY ACT OF 1977 Amended, inactive status licenses 1543 PUBLIC DEBT General obligation debt for education facilities, proposed amendment to the Constitution 2032 PUBLIC FUNDS Deposits 969 Local Government Investment Pool Act 1715 PUBLIC FUNDS FOR CHARITABLE PURPOSES Contributions of public funds in certain counties (550,000 or more) 3406 PUBLIC HEALTH Notice of petitions, release of certain individuals 678 Registration of spinal-cord disabled persons 1245 PUBLIC MEETINGS 1972 Act amended 1254 PUBLIC NOTICE Study by Secretary of State of procedure 1197 PUBLIC OFFICERS RECALL ACT Amended 1436 PUBLIC REVENUE Ad valorem exemptions in certain counties (600,000 or more), proposed amendment to the Constitution 2094 Ad valorem taxation in certain counties (145,000-165,000) 353 Ad valorem taxation of public utilities 1736 Ad valorem tax due dates in certain counties (350,000-600,000) 710

Page 4839

Alcoholic Beverage Code 1573 Classes of tangible property, proposed amendment to the Constitution 2027 Collection of debts to State, etc. 1555 Date of payment when due date falls on Saturday, Sunday or legal holiday 712 Estimated income tax by individuals 459 Homestead exemptions for elderly residents, proposed amendment to the Constitution 2114 Intangible personal property taxation 332 Interest on taxes, etc. 1759 Local Option Sales and Use Tax Act amended 1764 Municipal taxation of businesses, etc. 1175 Paper stock exemption from sales and use taxes 805 Public Revenue Code, amended 10 Public Revenue Code amended 1390 Revenue Code amended 436 Review of assessments by county board of equalization 1722 Sales and use tax exemption, blood banks 1188 Sales and use tax on sales of motor vehicles to nonresidents 586 Taxation of certain deeds 491 Taxation of life insurance companies, proposed amendment to the Constitution 2203 Taxation of railroad equipment companies 1735 Tax deferral for the elderly 1707 Unlawful conversion of tax proceeds 834 PUBLIC SAFETY, DEPARTMENT OF Abstracts of driving records 917 Arrest powers of G.B.I. agents 420 PUBLIC SAFETY TRAINING CENTER ACT Enacted 429 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT Amended 1787 PUBLIC SERVICE COMMISSION Employment of experts within state government 675 Employment of full time state employees to assist commission 1004 Motor common carrier rates 1119 Motor common carriers 479 , 618 Motor contract carriers 479 , 616 PUBLIC TRANSPORTATION, CODE OF Amended 1017 Amended, parking facilities 773 Amended, trailers, etc. 576 Leases of property, etc. 775

Page 4840

PUBLIC TELECOMMUNICATIONS TASK FORCE Created 956 PUBLIC UTILITIES Ad valorem taxation. 1736 PULASKI COUNTY Small claims court 3075 PULASKI COUNTYHAWKINSVILLE DEVELOPMENT AUTHORITY ACT Amended 3905 R RABUN COUNTY Compensation of clerk of superior court 3329 Small claims court created 3742 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT Enacted 405 RADAR OPERATORS Georgia Peace Officer Standards and Training Act amended 979 RAILROAD EQUIPMENT COMPANIES Taxation 1735 RANDOLPH COUNTY Small Claims Court Act amended. 3963 REAL ESTATE Act regulating transactions amended 585 REAL ESTATE BROKERS AND SALESMEN Act amended 1398 REAL PROPERTY Effect of open-end mortgages limited 1550 Tenancy in common, etc. 753 Transfer of deeds to secure debt 976

Page 4841

RECALL ELECTIONS Public Officers Recall Act amended 1436 RECREATION EXAMINERS ACT Amended 1511 Members 60 REGISTERED PROFESSIONAL SANITARIANS Board members 49 REMERTON, CITY OF Taxation 3211 REPUBLIC OF CHINA Privileges, etc. of coordination council for North America Affairs of the Republic of China 46 RESIDENTIAL CARE FACILITIES FOR ELDERLY AUTHORITIES ACT Enacted 1466 RESIDENTIAL FINANCE AUTHORITY ACT Amended 1269 RESIDENTIAL FINANCIAL AUTHORITY ACT Amended, bonds, etc. 351 REVENUE Ad valorem exemptions in certain counties (600,000 or more), proposed amendment to the Constitution 2094 Ad valorem taxation of public utilities 1736 Ad valorem tax due dates in certain counties (350,000-600,000) 710 Alcoholic Beverage Code 1573 Collection of debts to state, etc. 1555 Date of payment for taxes, etc. when due date falls on Saturday, Sunday or legal holiday 712 Estimated income tax by individuals 459 Exemption from sales and use taxes 805 Homestead exemptions for elderly residents, proposed amendment to the Constitution 2114 Intangible personal property taxation 332 Interest on taxes, etc. 1759 Local Option Sales and Use Tax Act amended 1764 Municipal taxation of businesses 1175 Public Revenue Code, amended 10 , 436 , 1390 Review of assessments by county board of equalization 1722

Page 4842

Sales and use tax exemptions, blood banks 1188 Sales and use tax on sales of motor vehicles to nonresidents 586 Tangible property, proposed amendment to the Constitution 2027 Taxation of certain deeds 491 Taxation of life insurance companies, proposed amendment to the Constitution 2203 Taxation of railroad equipment companies 1735 Tax deferral for the elderly 1707 Unlawful conversion of tax proceeds 834 REVENUE BOND LAW Revenue defined 709 REVENUE DEPARTMENT Notices, resale of alcoholic beverages 1174 RICHMOND COUNTY See also Tabular IndexCounty MattersHome Rule Actions. Ad valorem taxation, proposed amendment to the Constitution 2162 Ad valorem taxation, proposed amendment to the Constitution 2177 Board of education, referendum 3841 Homestead exemptions, proposed amendment to the Constitution 2190 Opening of bids, etc. 3695 Removal of school superintendent 3257 RICHMOND COUNTY, CIVIL COURT OF Costs, sales, etc. 3533 RICHMOND HILL, CITY OF Elections, etc. 3911 RINGGOLD, CITY OF Charter amended 3880 ROCKDALE COUNTY See also Tabular IndexCounty MattersHome Rule Actions. Compensation, etc. of board of commissioners 3496 Compensation, etc. of clerk of superior court 3484 Compensation, etc. of coroner 3490 Compensation, etc. of probate court judge 3482 Compensation, etc. of sheriff 3494 Compensation, etc. of tax commissioner 3492 Magistrates court act amended. 3486

Page 4843

ROCKDALE COUNTY PUBLIC FACILITIES AUTHORITY Created, proposed amendment to the Constitution 2232 ROCKMART, CITY OF Charter amended 4483 ROMEFLOYD COUNTY DEVELOPMENT AUTHORITY ACT Amended 3060 ROME JUDICIAL CIRCUIT Additional judge 782 ROOSEVELT, FRANKLIN D. Transfer of functions of Franklin D. Roosevelt Warm Springs Memorial Commission 593 ROWLAND, GRATTAN W. Exchange of land authorized 3990 S SAFE BOATING Georgia Boat Safety Act amended 738 SAFE DAMS ACT OF 1978 Amended 922 ST. MARYS, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Homestead exemptions, proposed amendment to the Constitution 2260 ST. MARYS HOSPITAL AUTHORITY, CITY OF Member, proposed amendment to the Constitution 2150 SALES AND USE TAX See also Public Revenue. Exemptions, blood banks 1188 Local Option Sales and Use Tax Act amended 1764 Paper stock exemption 805 SALES FINANCE ACT Motor Vehicle Sales Finance Act amended 523

Page 4844

SANITARIANS, STATE BOARD OF REGISTERED PROFESSIONAL Act amended 1459 Board members 49 SAPELO ISLAND Authority of Department of Natural Resources to acquire a part of Sapelo Island 359 SAVANNAH, CITY OF Consolidation votes with Chatham County, proposed amendment to the Constitution 2158 SAVANNAH PORT AUTHORITY Definitions, etc. 380 SCHOOL BUS DRIVERS Sick leave 2001 SCREVEN COUNTY Terms of superior court 374 SECRETARY OF STATE Copies of laws to Legislative Counsel 644 Employment of compiler of Georgia Laws 88 Study of public notice procedure 1197 SECURED TRANSACTIONS Uniform Commercial Code amended 443 SEED DEVELOPMENT ACT Amended 348 SENATE Compensation of members 756 SHERIFFS Acts providing for extra compensation repealed 640 Bonds 495 Liability for misconduct of jailers 493 Oaths of deputy sheriffs 527 Salaries 550 Salaries in certain counties (145,000165,000) 3723 Salaries in certain counties (180,000190,000) 3600

Page 4845

SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 461 Benefits 768 SHOEMAKER, CARL E. Compensation for damages 4559 SILVER-HAIRED LEGISLATURE Created 807 SIMMONS, JOHNNY E. Compensation for damages 4549 SMALL CLAIMS COURTS Act amended as to certain counties (31,70032,000) (33,30034,056) 4285 Act creating small claims courts in certain counties amended (13,63514,765) 3194 Created in certain counties (32,30032,700) 4045 SMITH, CLIFFORD W. Land conveyance authorized 1484 SMITH, GEO. L., WORLD CONGRESS CENTER Executive board 1176 Security guards 1043 SMITH, HONORABLE GEORGE T. Portrait 1503 SMITH, LEON Leon Smith Bridge designated 4544 SMITH, W. B., MEMORIAL BRIDGE Designated 3606 SNELLVILLE, TOWN OF Recorder's court 3994 SOIL CLASSIFIERS, BOARD FOR REGISTRATION Termination date 1061 SOUTHERN GROWTH POLICIES AGREEMENT ACT Amended 473

Page 4846

SPALDING COUNTY Small claims court fees, etc. 3475 SPALDING COUNTY, STATE COURT OF Terms, juries, etc. 3048 SPARTAN RADIOCASTING COMPANY Lease of real estate authorized 1490 SPINAL-CORD DISABLED PERSONS Registration 1245 STATE AGENCIES Self Insurance Act amended 399 STATE AGENCY MAILING LISTS Annual revision 526 STATE ALCOHOLISM ADVISORY COUNCIL ACT Amended 566 STATE BOARD FOR CERTIFICATION OF LIBRARIANS Act amended 489 Members 1075 STATE BOARD OF CORRECTIONS Funds to counties 470 Habitual offenders, etc. 2002 Possession of currency, etc. by convicts 1095 STATE BOARD OF COSMETOLOGY Membership, termination date, etc. 1420 STATE BOARD OF DISPENSING OPTICIANS Examinations, fees, etc. 1101 STATE BOARD OF EDUCATION Schools for deaf and blind 645 STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS Act amended 1337 STATE BOARD OF NURSING HOMES ACT Amended 536

Page 4847

STATE BOARD OF PHYSICAL THERAPY Act amended 1053 STATE BOARD OF REGISTERED PROFESSIONAL SANITARIANS Act amended 1459 Board members 49 STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS Termination date 1061 STATE BOARD OF REGISTRATION OF USED CAR DEALERS Act amended 707 STATE BUILDING ADMINISTRATIVE BOARD Transfer of functions, etc. 1316 STATE COURTS See also name of State Court. Salaries of judges and solicitors in certain counties (145,000165,000) 3723 Salaries of judges and solicitors in certain counties (180,000190,000) 3600 Service by judges in other state courts 600 STATE DEPARTMENT OF COMMUNITY AFFAIRS Duties, etc. 1316 STATE DEPOSITORY BOARD ACT Amended 763 STATE EMPLOYEES Certain employees exempted from self dealing prohibition 675 Deduction of parking fees and van pool fees from wages 1049 Health insurance for retired employees 9 Health insurance plan amended 94 Mileage allowance for state travel 350 STATE EMPLOYEES' HEALTH INSURANCE Dental coverage, vision care, etc. 966 Health maintenance organizations 965 STATE EXAMINING BOARDS Appointments by the Governor 1162

Page 4848

STATE FORESTRY COMMISSION Sale of seedlings, etc. 561 STATE INVESTMENTS Authority of state agencies 303 STATE PERSONNEL BOARD Health insurance for public school employees 1538 , 1541 STATE PROPERTIES COMMISSION Land conveyances in Fulton, Bartow, Gordon, Whitfield and Catoosa counties 1495 STATE PROPERTY Purchase, transfer, etc. 90 STEPHENS COUNTY Small Claims Court 3063 STILLMORE, CITY OF Elections 4270 STRUCTURAL PEST CONTROL ACT Termination date 1446 STUDENT FINANCE AUTHORITY ACT Enacted 835 STUDENT FINANCE COMMISSION ACT Enacted 835 STATEWIDE PROBATION ACT Amended 1136 SUBDIVISIONS OF STATE Transactions with employees 733 SUBPOENAS Witness fees, etc. 70 SUMTER COUNTY Compensation of employees of clerk of courts 3384 Compensation of tax commissioner 3386

Page 4849

Land conveyance 1192 Small claims court act amended 3380 SUMTER COUNTY, STATE COURT OF Compensation of judge and solicitor 4247 SUPERIOR COURT CLERKS See also named county. Salaries 553 Salaries in certain counties (145,000165,000) 3723 Fees for attendance upon the courts 1045 SUPERIOR COURTS CLERKS' RETIREMENT SYSTEM ACT Amended 1547 SUPERIOR COURT JUDGES Expenses of judge attending educational programs 596 Law clerks 455 Service by senior judges while nonresidents 458 SUPPLEMENTAL APPROPRIATIONS ACT Enacted 98 Offender rehabilitation 7 SYLVESTER, CITY OF Homestead exemptions, proposed amendment to the Constitution 2268 T TALBOT COUNTY Deputy sheriffs 3423 TANGIBLE PROPERTY Classifications, proposed amendment to the Constitution 2027 TATTNALL COUNTY Salary supplements for judges of superior court and district attorney 1222 TAX ASSESSMENTS Review by county board of equalization 1722 TAX ASSESSORS Removal from office 771

Page 4850

TAX COLLECTORS Fees in certain counties (190,000300,000) 367 Salaries 547 TAX COMMISSIONERS Fees in certain counties (190,000300,000) 367 Salaries 547 TAYLOR COUNTY Coroner's compensation 4455 Homestead exemptions, proposed amendment to the Constitution 2205 TEACHERS Health insurance plan for public school teachers 963 TEACHERS, CERTIFIED Program, proposed amendment to the Constitution 2033 TEACHERS' RETIREMENT SYSTEM ACT Amended 828 , 1783 Amended, minimum retirement benefits 1562 TELECOMMUNICATION'S TASK FORCE Created 956 TELEPHONE SERVICE 911 EMERGENCY SERVICE ACT OF 1977 Amended 699 TELFAIR COUNTY Salary, etc. of county commissioner 3633 Salary of clerk of superior court 3631 Salary of judge of probate court 3635 Salary of tax commissioner 3637 TENANCY IN COMMON Defined, etc. 753 TENNILE, CITY OF Corporate limits 4307 THIRD-PARTY PRESCRIPTION PROGRAM ACT Enacted 1761

Page 4851

THOMAS COUNTY 1979 proposed amendment to the Constitution repealed 2052 THOMAS COUNTY, STATE COURT OF Salaries, practice and procedure 4278 THOMAS, JR., TOM W. Compensation for damages 4558 THOMASTON, CITY OF, BUSINESS DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 2286 THOMASVILLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. THUNDERBOLT, TOWN OF Corporate limits, referendum 3653 THURMOND, CHARLES J. Land conveyance in Hall County 791 TIFT COUNTY Additional judge of superior court 680 TIFT COUNTY DEVELOPMENT AUTHORITY Land conveyance 794 TIFT COUNTY TRADE CENTER AUTHORITY ACT Enacted 4520 TIFTON JUDICIAL CIRCUIT Additional judge 680 TODD, RICHARD ALLEN Compensation for damages 4557 TORTS Food donations to nonprofit organizations 69 Liability of firemen 1173 Recovery in wrongful death actions 1154 Removal of civil liability when equipment is provided at no cost during an emergency 1048

Page 4852

TOWNS COUNTY Georgia Mountain Fair Authority 3134 Industrial Development Authority abolished 3133 Taxes for education, proposed amendment to the Constitution 2029 Use of funds by board of education, proposal amendment to the Constitution 2168 TRANSIENT MERCHANT ACT OF GEORGIA Enacted 581 TRANSPORTATION, DEPARTMENT OF Criminal prosecutions involving property of department 590 TRENTON, CITY OF Municipal court, etc. 4361 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT Amended 1361 TRION, TOWN OF Homestead exemptions, proposed amendment to the Constitution 2198 TROUP COUNTY Additional judge of superior court 1447 Compensation of board of commissioners 3530 Compensation of named county officers 3372 Coroner's salary 3367 Small claims court judges' salary 3369 TROUP COUNTY, STATE COURT OF Compensation of judge and solicitor 3376 TRUSTS, DEEDS OF Domestic corporations 472 TURNER COUNTY Additional judge of superior court 680 Compensation of board of commissioners 4235 Homestead exemptions, proposed amendment to the Constitution 2307 Named officials placed on salary basis 4237 TWIGGS COUNTY Homestead exemptions, proposed amendment to the Constitution 2180

Page 4853

U UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, duty upon striking unattended vehicle 1059 UNIFORM COMMERCIAL CODE Secured transactions 443 , 1134 UNION CITY, CITY OF Homestead exemptions, proposed amendment to the Constitution 2271 UNION COUNTY HOSPITAL AUTHORITY Vacancies 3557 UPSON COUNTY Compensation of judge of probate court 3590 Fire protection districts 4127 School superintendent, referendum 3027 URBAN DEVELOPMENT LAW Amended 1352 URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES Amended 556 USED CAR DEALERS' REGISTRATION ACT Amended 707 , 1286 USURY Interest rates 511 Interest rates on commercial accounts 514 Motor Vehicle Sales Finance Act amended 523 Penalty provisions under Georgia Industrial Loan Act 1784 V VALDOSTA, CITY OF Homestead exemptions, proposed amendment to the Constitution 2273 VAN POOL FEES Deduction of fees from state employees wages 1049

Page 4854

VERDICTS Judgments without jury verdicts, proposed amendment to the Constitution 2103 VETERINARY MEDICINE, STATE BOARD OF Members 64 VICTORY TEMPLE Land conveyance authorized 1506 VISUALLY HANDICAPPED PERSONS Rights 1131 W WALKER COUNTY Clerk of superior court 3903 Compensation of probate court personnel 3939 District attorney's clerical assistance 1179 WALKER COUNTY RURAL WATER AND SEWER AUTHORITY ACT Amended 4075 WALKER COUNTY, STATE COURT OF Juries, procedure, etc 3102 WALKER COUNTY WATER AND SEWERAGE AUTHORITY ACT Amended 4071 WALLIS, H. W., ESTATE OF Land conveyance in Hall County 791 WALTON COUNTY Compensation of judges of superior court 498 Superior court terms 362 WARE COUNTY Homestead exemptions, proposed amendment to the Constitution 2299 WAREHOUSES, BONDED Code Chapter 111-1 repealed 639

Page 4855

WARM SPRINGS FOUNDATION Land conveyance authorized 815 WARM SPRINGS MEMORIAL COMMISSION Transfer of functions 593 WARNER ROBINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . Municipal court fines 4189 WASHINGTON COUNTY Compensation of sheriff's secretaries 3508 WATER Fluoridation of potable water supplies in certain counties (100,000160,000) 4343 WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT Amended 304 Members 63 WATER WELL STANDARDS ADVISORY COUNCIL Members 52 WAYCROSS, CITY OF Homestead exemptions, proposed amendment to the Constitution 2301 WAYCROSS PUBLIC FACILITIES AUTHORITY ACT Enacted 4502 WAYNE COUNTY Additional judge of superior court 959 Compensation, etc. of clerk of superior court 3805 Homestead exemptions, proposed amendment to the Constitution 2109 WESTERN JUDICIAL CIRCUIT Terms 355 WHITE COUNTY Homestead exemptions, proposed amendment to the Constitution 2252 Salaries of official court reporters 369

Page 4856

WHITFIELD COUNTY See also Tabular IndexCounty MattersHome Rule Actions. Compensation of clerk of superior court and probate judge 3058 Deputy coroner 3698 WILCOX COUNTY Additional judge of superior court 1212 Terms of superior court 687 WILLACOOCHEE, CITY OF Charter amended 3941 WINES Control and taxation within boundaries of airports 501 Manufacture and sale regulated 1561 Sale by the drink on Sundays in certain counties (200,000600,000) (350,000550,000) 3661 WISSING, DONALD R. Compensation for damages 4548 WITNESSES Fees, etc. 70 WORKERS' COMPENSATION ACT Amended, group self insurance 1686 Employer defined, etc. 1145 WORLD CONGRESS CENTER Executive Board 1176 Security guards 1043 WORTH COUNTY Additional judge of superior court 680 Homestead exemptions, proposed amendment to the Constitution 2263 WRONGFUL DEATH ACTIONS Who may recover, etc. 1154 Z ZOOS, PUBLIC Contracts for the operation of public zoos in certain municipalities (more than 300,000) 3734

Page 4857

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 4860

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 4862

GEORGIA STATE SENATE COUNTY Senatorial District Appling 4, 7 Atkinson 7 Bacon 7 Baker 10 Baldwin 25 Banks 47 Barrow 45, 48 Bartow 31, 52 Ben Hill 13 Berrien 8 Bibb 26, 27 Bleckley 19 Brantley 6 Brooks 9, 10 Bryan 3 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 7 Chatham 1, 2, 3 Chattahoochee 11 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 28, 44 Clinch 7 Cobb 32, 33, 56 Coffee 8, 19 Colquitt 9 Columbia 24 Cook 8 Coweta 28, 30 Crawford 17 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41-43, 55 Dodge 19 Dooly 13 Dougherty 12, 14 Douglas 30, 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 28, 34 Floyd 52 Forsyth 49, 51 Franklin 47 Fulton 34-40, 56 Gilmer 50 Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17, 28 Houston 18 Irwin 13 Jackson 46, 49 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 17 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 3, 6 Lowndes 8 Lumpkin 50 Macon 14, 18 Madison 24, 47 Marion 14 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 9 Monroe 27 Montgomery 20 Morgan 25, 45 Murray 54 Muscogee 15, 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31, 56 Peach 18 Pickens 51 Pierce 7 Pike 17 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22, 23 Rockdale 45 Schley 14 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 11 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 21, 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 4864

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1979-1980 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 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 Garner, Wayne 30th Route 9, Forest Rd. Carrollton 30117 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 4867

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1979-1980 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 13 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 Wayne Garner Route 9, Forest Rd., 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 4869

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 4871

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1979-1980 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 Crosby, Tom, Jr. 150 705 Wacona Dr. Waycross 31501 Crawford, John G. 5 Rural Rte. 1, Box 404 Lyerly 30730 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 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 Lowe, Bettye 43-Post 2 591 W. Paces Ferry Rd., N.W., Atlanta 30305 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 408 A 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 Parham, 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 1979-1980 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-Part 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 Pau 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 Bettye Lowe 591 W. Paces Ferry, Rd., N.W. Atlanta 30305 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 Plaza 740 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 907 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 1979 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 1979 5 5 TOTALS 875 46 43 786

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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 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote: For202; Agn132 County vote: For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 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 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169[UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For99; Agn57 [UNK] Area 2-Colonial Heights Area: For145; Agn83 [UNK] Area 3-Crestwood Gardens Area: For27; Agn87 [UNK] Area vote: Area 4-East Moultrie Area: For41; Agn147 [UNK] Area 5-Tifton Highway Area: For29; Agn107 [UNK] Area 6-Sylvester Drive Area: For78; Agn144 [UNK] 2932 Dekalb City Court of Decatur 5-16-56 For 12,520 3237 Agn 5,846 DeKalb Multiple commission form of government 5-16-56 For 18,393 (1 of 2) 3237 Agn 2,001 DeKalb Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) 2022 For:(b) 15,300 Fayette Tax Commissioner 2-25-56 For 292 3507 Agn 37 Glascock Sheriffcompensation 3-14-56 For 498 2502 Agn 227 Gwinnett Tax Commissioner 11-6-56 For 3,383 3166 Agn 1,641 Hall City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 City of Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For948; Agn595 Affected area: For365; Agn400 Thomas 3159 Certain County Officerscompensation 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote: For216; Agn117 Outside city vote: For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831

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Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn 2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn 2047 Cobb 3020 City of Acworth 5-4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5-8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For325 Agn 720 Douglas 2358 City of Douglasville 5-3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For 784 Agn 924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5-8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18

Page 4897

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11-4-58 For 932 Agn 717 Barrow 2338 City of Winder 6-4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For 3590 Agn 1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For 3462 Agn 1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For 4024 Agn 2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5-7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5-7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6-3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7-9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11-4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11-4-58 For 749 Agn 98 White 3224 County Commissioners Not Held

Page 4901

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 Agn 2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For 1522 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 For 1413 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 For 1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4-8-59 For 1014 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 For 4388 Agn 1624 Toombs 2010 County Commissioners 4-8-59 For 1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn 1629

Page 4904

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11-8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6-1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5-5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11-8-60 For 877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area: For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 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; Agn1 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 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn 806

Page 4908

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 For 24 Agn 19 Pike 2704 City of Zebulon 5-6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5-9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 4911

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 4914

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130

Page 4917

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For61 Agn43 Outside: For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873

Page 4918

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result McDuffie 2095 Board of County Commissioners 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For509 Agn502 For692 For93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City: For43 Agn3 Outside City: For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tifton 4-22-64 For281 Agn216 Tift 2361 City of Tifton 4-22-64 For136 Agn368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-15-65 For4655 Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246 Agn41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For933 Agn863

Page 4920

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 Agn529 Barrow 2347 City of Winder 9- 9-64 For507 Agn372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For57 Agn104 Troup 2256 City of Hogansville 9- 2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For216 Agn32

Page 4921

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For589 Agn556 Appling 3361 Providing for an annual audit 11- 8-66 For733 Agn326 Baldwin 2306 City of Milledgeville 6- 2-65 For544 Agn462 Baldwin 2316 Board of County Commissioners 4- 7-65 For801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For447 Agn472 Dooly 2582 City of Unadilla 7-20-65 For56 Agn115 Echols 3160 City of Statenville 7-14-65 For72 Agn75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31

Page 4922

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Habersham 2727 City of Cornelia 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coroner-compensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 * Tax Commissionercompensation 6-16-65 For943 Agn361

Page 4923

Georgia Laws, 1966: County Page No. SUBJECT Date of Election Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page 4925

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page 4928

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and 11-5-68 For11,874 Chatham County/City of Savannahschool merger Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For723 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 Agn717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For756 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191 Agn547 Jefferson 3421 County Board of Education 11-5-68 For3,029 Agn1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For559 Agn179 Jenkins 2965 County Board of Education 6-10-68 For448 Agn298 Macon 2663 Tax Commissioner 5-1-68 For189 Agn261 Miller 2529 County Board of Education 5-14-68 For667 Agn345 Paulding 2381 County Board of Education 7-3-68 For233 Agn19 Pierce 2761 County Board of Education 11-5-68 For812 Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205 Agn1,144 Sumter 2065 County Board of Education 5-21-68 For626 Agn483 Tift 2023 City of Tifton 4-3-68 For408 Agn310 Toombs 3424 County Board of Education 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain 5-9-68 For299 Agn252 Walker 2235 County Board of Education 5-9-68 For1,155 Agn887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnell 5-23-68 For41 Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43 Agn4

Page 4932

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For113 Agn584 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For15 Agn130 Tract No. 2 For40 Agn103 Effingham 3964 City of Guyton 6-4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For3 Agn2 Sec. 2Bohannon Rd. For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For289 Agn127 Outside city limits: For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn694 County vote: For38 Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For88 Agn171 Laurens 2270 City of Dublin 5-28-69 For121 Agn106 Lincoln 3352 County Treasurer 11-3-70 For601 Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn2,778 Muscogee County: For12,508 Agn2,989 Pickens 3066 County School Superintendent 7-2-69 For52 Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282 Agn409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372 Agn328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283 Agn408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For218 Agn470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For271 Agn82 Pulaski County: For35 Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For645 Agn578 Proposed Area: For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page 4936

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 Clarke 2985 County School District Tax 11-3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11-3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For83 Agn60 Outside City: For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11-3-70 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537

Page 4939

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 Bibb 3926 County Board of Education 11-2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049

Page 4940

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11-7-72 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1: For1,324 Agn931 Sec. 2: For1,456 Agn898 Wayne 2715 County Board of Education 8-8-72 For403 Agn1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

Page 4943

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sec. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ----- ----- 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377

Page 4944

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election. For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results not known Camden 3138 Certain county officers salary 78-5-73 Demo. For701 Agn1,109 Rep. For0 Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 * Demo. For679 Agn1,070 Rep. For1 Agn0 Camden 3714 Compensation of Tax Commissioner 8-8-72 * Demo. For654 Agn1,114 Rep. For0 Agn1 Camden 3717 County Board of Education 8-8-72 * Demo. For683 Agn1,050 Rep. For1 Agn0 Camden 3770 Small Claims Court of Camden County 8-8-72 * Demo. For926 Agn801 Rep. For1 Agn0 Chatham 3019 Savannah-Chatham County government 4-10-73 Not held * City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5-9-72 For20,074 Agn7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 * Demo. For2,455 Agn2,274 Rep. For2 Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668 Agn2,687 Dodge 2329 City of Eastman 4-27-72 For474 Agn1,117 Dodge 3339 County Board of Education 8-8-72 * For914 Agn858 Douglas 3997 County Board of Education 5-16-72 For400 Agn620 Elbert 2479 Board of County Commissioners 8-8-72 * For1,583 Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For668 Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For1,499 Agn2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 * For6,911 Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72 For551 Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989 Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8- 8-72 * For1,410 Agn616 Heard 2113 Board of county commissioners 5- 3-72 For756 Agn732 Henry 2090 State Court of Henry County 4-19-72 For570 Agn1,943 Henry 2104 Board of County Commissioners 4-19-72 For407 Agn2,070 Houston 2399 County Board of Education 8- 8-72 * For2,853 Agn6,462 Jeff Davis 2760 County Board of Education 8- 8-72 * For829 Agn511 Laurens 4099 County Board of Education 8- 8-72 * For3,185 Agn1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 * For3,533 Agn1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 * For3,622 Agn1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 * For3,463 Agn2,254 McDuffie 2538 County Board of Education 6- 8-72 For305 Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien For86 Agn62 Dist. No. 271 For7 Agn73 Total: For93 Agn135 McIntosh 2852 City of Darien 11- 7-72 * Not Held Macon 2322 Board of county commissioners 4-26-72 For608 Agn882 Madison 2547 County Board of Education 11- 7-72 * For1,060 Agn1,785 Madison 2972 Appt. of county school superintendent 11- 7-72 * For921 Agn2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For688 Agn2,648 Peach 3910 City of Fort Valley 6-14-72 For440 Agn1,351 Pike 3003 County Board of Education 5-16-72 For402 Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399 Agn939 Putnam 2678 County Board of Education 8- 8-72 * For1,262 Agn831 Putnam 3833 City of Eatonton 6-13-72 For118 Agn28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452 Agn121 Telfair 4102 County Board of Education 6-20-72 For564 Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885 Agn3,278 Tift 2908 City of Tifton 5- 3-72 For247 Agn498 Treutlen 2340 County Board of Education 5- 9-72 For688 Agn233 Treutlen 2345 Board of County Commissioners 5- 9-72 For715 Agn221 Walker 2647 County Board of Education 11- 7-72 * For6,373 Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51 Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72* For348 Agn901 Wilkinson 333 County Board of Education 11-7-72* For654 Agn608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page 4949

Georgia Laws 1973, January/February session: County Page No. SUBJECT Date of Election Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes45 No588 Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes21 No29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For648 Agn682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes412 No52 Cook 2300 Cook County Commissioners 5-22-73 For758 Agn735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes37 No191 Marion 3827 County School Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11-5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes225 No256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes808 No191 Stewart 3152 City of Lumpkin 6-12-73 Yes97 No173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes322 No228

Page 4951

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 Yes: 4833 No: 2928 held on County Vote same date) 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 4953

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 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.

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Georgia Laws, 1975, January/February Session: County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11-4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5-4-76 * * Date of Presidential Preference Primary 5-4-76. Yes: 3,870 No: 10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For: 858 Agn: 989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary 8-10-76 Yes: 2,155 No: 527 DeKalb 2752 County Board of Education Districts-terms 5-4-76 * For: 29,643 Agn: 41,355 Dodge 3031 County Board of Education elected 11-4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7-8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5-4-76 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 ** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education Superintendent 7-8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7-9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31

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Georgia Laws, 1975, January/February Session: County Page No. SUBJECT Date of Election Result Spalding 4352 Board of County Commissioners 11-4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4490 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality Yes No ----- ----- ----- Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 (This election act was on a population basis and affects only Chatham County) 1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9-9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

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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 Chatham County (Unicorporated area) Yes: 2,022 No: 1,863 Garden City Yes: 154 No: 318 Port Wentworth Yes: 89 No: 171 Bloomingdale Yes: 23 No: 50 Pooler Yes: 85 No: 152 Thunderbolt Yes: 142 No: 77 Tybee Island Yes: 307 No: 171 Vernonburg Yes: 25 No: 14 Savannah Yes: 6,870 No: 4,768 Chatham 4132 City of Garden City 5-22-78 Yes: 663 No: 166 Chatham 4073 City of Bloomingdale Not Held Chatham 3998 City of Savannah 4-19-78 Yes: 14,407 No: 8,091 Chatham 4466 Municipal Court of Savannah 8-8-78 ** Yes: 6,783 No: 9,753 Chattooga 3848 Board of Education 11-7-78 * Yes: 778 No: 1,446 Cherokee 3029 County Commissioners 4-4-78 Yes: 2,449 No: 2,308 Clarke 4573 Use of School Tax in Clarke County 11-7-78 * Yes: 3,710 No: 3,268 Columbia 3359 Board of Education 11-7-78 * Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education 11-7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11-7-78 * Yes: 643 No: 1,018 Macon 4217 Tax Commissioner 11-7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131 Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 861 No: 300 Rabun 3430 Board of Education 11-7-78 * Yes: 453 No: 692 Rockdale 3868 City of Conyers 7-8-78 Yes: 179 No 167 Telfair 3445 School Board and Superintendent 11-7-78 * #1 386 #2 231 #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) 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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Referendum Election Results: Acts of the 1979 Session of the General Assembly County Page No. SUBJECT Date of Election Result Carroll 4245 City of Sand HillCity Charter 6-12-79 Yes: 102 No: 193 Glynn 3467 Education Districts 12-11-79 Yes: 2490 No: 977 Montgomery 3151 Board of Education 6-5-79 Question #1 Proposal #1 320 Proposal #2 205 Proposal #3 92 Question #2 Proposal #1 881 Proposal #2 860 Proposal #3 1015 Stephens 3047 Terms of Boards of Commissioners 4-24-79 Yes: 921 No: 329 Telfair 3539 School Districts 7-31-79 Yes: 858 No: 615 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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For any information regarding these ACTS and RESOLUTIONS please contact: DAVID B. POYTHRESS Secretary of State